Terms of Use and Service

Welcome to Kin and thanks for joining us. These terms of use govern your access to and use of Kin, and you should read them carefully. We've put a plain English summary with each section, and the legal detail as well. You should pay special attention to anything written in bold.

Date of Last Revision: 28 September 2018 

Make sure you also see KIN’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

By accessing or using the KIN Services and/or www.thekinapp.com or any of its related blogs, websites, applications or platforms (collectively, “the Service”), owned by KIN Digital (Pty) Ltd (reg: 2017/427431/07) (“KIN”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Service remain at all times expressly reserved by KIN.

Please pay specific attention to the BOLD paragraphs of the Terms. These paragraphs limit the risk or liability of KIN, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify KIN or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Service. KIN will assume you have read and understood these Terms should you continue to access or make use of the Service.

It is important to note the following:

·       The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Service or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to KIN or its possession.

·       Not all terms are necessarily defined in order.

·       These terms were last updated on 28 September 2018.


Introduction to the service

Kin helps you to do money things together, better. You can use Kin to create groups and invite other people to those groups. In those groups, you keep a record of money things and money plans, and Kin helps you to calculate how to manage these things together.

1.1.KIN provides an online software platform providing a range of services, primarily focused around allowing users to create and participate in virtual ledger “Kin Groups” to record transactions, calculate how to split those transactions, and to settle with other Kin Group members (collectively, the “Services”).

1.2.Please see our How Tos and FAQS pages on this website and on the Kinfolk community for more detailed information on the Services currently available via the Service.

1.3.Depending on the exact Services rendered by KIN to a user, a user may or may not need to pay a Fee to KIN for their use of the Services, on a monthly basis as detailed in the Fees Table, available on the Fees Table on this website.

1.4.These Terms explain the conditions applicable to all users, using the Service and/or the Services, where certain conditions apply to particular user types, which differences shall be brought to your attention as prompted by the Service.

1.5.The Service and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon KIN uploading the amended Terms to the Service. Your continued access or use of the Service constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

1.6.Unauthorised use of the Service and/or breach of these Terms in any way may give rise to a claim for damages against you as the defaulting party, and/or be a criminal offence.


Relationship between the parties

Kin provides software for you to use, and you use it at your own risk. You remain responsible for the things you do.

2.1.KIN PROVIDES SOFTWARE SERVICES ONLY, WHERE ALL TOOLS PROVIDED ON THE SERVICE OR AS PART OF THE SERVICES ARE FOR ASSISTING USERS IN MAKING THEIR PRIVATE OPERATIONS MORE EFFICIENT WHILST USERS RETAIN ALL OF THEIR OWN RESPONSIBILITIES PRESCRIBED TO THEIR ROLE AND/OR ACTIONS UNDER APPLICABLE LAWS.

2.2.YOUR USE OF THE SERVICE AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK, AND YOU DO NOT DEFER ANY OF THEIR OBLIGATIONS PRESCRIBED TO YOU UNDER APPLICABLE SOUTH AFRICAN LAWS TO KIN IN ANY WAY.


User registration process

You register for Kin using your email address, and Kin uses a magic link sent to that email address to log you in. Easy.

3.1.In order to become a user on the Service and make use of it or the Services, you must complete the necessary registration process detailed on the Service and acquire a profile (“Profile”). Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.

3.2.KIN requires all users to submit certain personal information when registering a Profile. Please see our Privacy Policy for details on what personal information is processed when you use KIN’s Services and/or Website.

3.3.To protect your privacy and security as a user, the Service takes reasonable steps to verify your identity by only allowing access via an emailed link, which must be accessed on the same device as the KIN app.

3.4.By entering your personal information on the Service as any type of user, you warrant that the person using the Service and/or Services is you. Users are responsible for their Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.

3.5.By submitting your personal information to the Service for its use in a Profile or otherwise, you consent to KIN using this information to facilitate the Services.

3.6.Please see KIN’s Privacy Policy regarding more details on how KIN uses your personal and/or company information.


The services

As Kin will grow over time, it's best to head over to Kinfolk, the Kin community for an updated description of all the things you can do using the Kin app.

 

4.1. For a full explanation of the currently available types of Services available via the Service, please consult the description on our website and the Kinfolk community, or email help@thekinapp.com who will gladly assist.

4.2. For further information on the Services version specifically available or applicable to you or your Profile, please consult the description on our website and the Kinfolk community, or email help@thekinapp.com who will gladly assist.

4.3. To terminate your use of the Services or the Service, please see clause 15 below.

4.4. Some of the features of the Service used by a user may automatically make adjustments or manipulate a Profile or the available user’s Services in accordance with the tool’s functions and the Services chosen, as well as depending on the user type.

4.5. Some of the features of the Services are related to settling with other users of the Services. For an explanation and detail of the terms of settling, please refer to more detail on our website.


Payment for services

When you sign up for Kin, we'll let you know if there are any Fees applicable, and we'll alert you of any changes to the fees.

5.1.In return for providing the Services to a user, and depending on exactly what Services are rendered to a particular user, the user may or may not need to pay a Fee to KIN as fair and due consideration (“Fee”). Fees are calculated in accordance with the Fee table, available on our website.


User responsibilities and warranties

You mustn’t use Kin to do anything that is illegal or harmful to others. Also, minors may not use Kin - you need to be older than 18 to make use of Kin.

Basically - be a good person. That’s generally a good life strategy.

 

6.1. By using the Service and/or the Services, users warrant that you:

6.1.1. have read and agreed to these Terms and will use the Service and Services in accordance with them;

6.1.2. understand and agree that KIN provides the Services to assist you in your private capacities and duties, but the provision of which does not in any way delegate any of your legislated or other duties or responsibilities to KIN when doing so;

6.1.3. will pay each Fee due to KIN timeously and as required;

6.1.4. have not made any misrepresentations and the information provided in the registration process, or throughout your engagement with the Service and/or Services is true, accurate and complete;

6.1.5. are the age of majority in your country of residence and/or possess the legal capacity and authority to act on your own, and lawfully possess and submit all information to the Service for the use of it or the Services;

6.1.6. will not post, upload, replicate or transmit any abusive or inappropriate content on the Service that, in KIN’s sole discretion, is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, homophobic, inappropriate, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Service;

6.1.7. will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Service including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end “look and feel” of the Service or the underlying software code;

6.1.8. will not infringe any third party’s, or the Service’s, intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;

6.1.9. will not use the Service platform for any commercial purpose other than as expressly provided for by KIN;

6.1.10. will not use the Service to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal services/activities; and

6.1.11. will not facilitate or assist any third party to do any of the above.

6.2. The Service is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Service. The network’s data and messaging rates and fees may apply if you use the Service and you shall be responsible for such rates and fees.

6.3. Without prejudice to any of KIN’s other rights (whether at law or otherwise), KIN reserves the right to deny you access to the Service or the Services where KIN believes (in its reasonable discretion) that you are in breach of any of these Terms.

6.4. KIN does not guarantee that the Service, or any portion thereof, will function on any particular hardware or device.


Receipt and transmission of data messages

Only those messages we respond to are considered received by us. And please look out for important messages from us to you.

 

7.1. Data messages, including email messages, sent by you to KIN will be considered received only when expressly acknowledged or responded to.

7.2. Data messages sent by KIN to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

7.3. KIN reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. KIN is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from KIN to a user or from a user to KIN.


Hyperlinks, deep links and framing

Kin might have links to other websites. We don't necessarily endorse, agree with or support those sites.

 

8.1. The Service may include links to other websites ("the other sites"). KIN does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

8.2. KIN does not purport to own the content on other websites which may be shown on the Service. Should the owner of any content showcased on the Service want the content to be removed, please write to help@thekinapp.com to request the removal of such content.

8.3. The user’s access and use of any other websites available via the Service remain solely at the user’s own risk and on the terms set by the relevant third-party platform.


Advertising and sponsorship

If there is any advertising or sponsorship, we'll make sure that it complies with applicable laws and regulations.

9.1. The Service may contain advertising and sponsorship from third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Service complies with all applicable laws and regulations.

9.2. KIN, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.


Intellectual property protection

Please don't copy Kin - get in touch with us and let's see how we can work together instead.

 

10.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, animations, trade marks, designs, copyright and/or service marks (as well as the organisation, user interface and layout of the Service) together with the underlying software code and certain works submitted by a user to the Service and KIN in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by KIN, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

10.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Service are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Service or the underlying software code whether in whole or in part, without the written consent of KIN first being granted, which consent may be refused at the discretion of KIN. No modification of any intellectual property or editorial content or graphics is permitted.

10.3. As part of the Services, users may be able to submit and use their own intellectual property on the Service (“user intellectual property”), where should this user intellectual property not in any way be combined with any KIN’s intellectual property, all rights and ownership to that user intellectual property remain with the user. This right is however limited by KIN’s right to reasonably use the user’s intellectual property on the Service and for the fulfilment of the Services only.

10.4. KIN reserves the right to make improvements or changes to its intellectual property, information and other materials on the Service, including that of a user in their Profile, or to suspend or terminate the Service, at any time without notice; provided that any transactions already concluded through the Service resulting in any fees, will not be affected by such suspension or termination (as the case may be).

10.5. Where any of the Service intellectual property has been licensed to KIN or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

10.6. Subject to adherence to the Terms, KIN grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Service on any machine which the user is the primary user. However, nothing contained on the Service should be construed as granting any licence or right to use any intellectual property without the prior written permission of KIN.

10.7. Any enquiries regarding any of the above relating to intellectual property must be directed to KIN at help@thekinapp.com.


Disclaimers and warranties

We do our best to make sure Kin works the way we expect it to, and we take that very seriously. But we’re human too, and we cannot guarantee that it’s error free. If you spot anything that looks wrong, please let us know.

 

11.1. The Service, including any intellectual property appearing therein, is provided "as is" and "as available". KIN makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Service or the information contained in it.

11.2. All information or opinions of users made available on the Service in relation to any of the Services are those of the authors and not KIN. While KIN makes every reasonable effort to present such information accurately and reliably on the Service, KIN does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Service.

11.3. KIN, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Service, the Services and/or transactions or actions resulting therefrom.

11.4. KIN, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Service in any manner.

11.5. Users from locations outside of South Africa, please note that KIN complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Service in any way, please contact KIN at help@thekinapp.com to engage you on its application.

11.6. KIN takes reasonable security measures to ensure the safety and integrity of the Service and to exclude viruses, unlawful monitoring and/or access from the Service. However, KIN does not warrant or represent that your access to the Service will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Service will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Service remains solely at the user’s own risk and the user should take their own precautions accordingly.


Indemnities

This clause says that you indemnify and hold Kin harmless.

 

12.1. The user indemnifies and holds harmless KIN, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Service or Services offered or concluded through the Service in any way.

12.2. The user agrees to indemnify, defend and hold KIN harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.

12.3. This clause will survive termination of this agreement.


Company information

If you need to get in touch, these are our details.

 

13.1. Website owner: KIN Digital (Pty) Ltd

13.2. Legal status: Private Limited Liability Company

13.3. Registration number: 2017/427431/07

13.4. Director: Christo Davel; Dennis Williams

13.5. Description of main business: KIN provides software to enable users to track, settle, plan and manage financial activities together

13.6. Telephone number: +27 (0) 87 550 6963

13.7. Email address: help@thekinapp.com

13.8. Website address: www.thekinapp.com

13.9. Physical address: 2nd Floor, 36 Buitenkant St, Cape Town, 8000


Dispute resolution and governing law

Any problems? We’ll chat in accordance with the laws of South Africa.

 

14.1. The user’s access and/or use of the Services and/or Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.

14.2. Should any dispute, disagreement or claim arise between the parties concerning use of the Service or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

14.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between the parties to find and confirm a mutually beneficial solution for all parties, as far as possible.

14.4. Should the dispute still not be resolved, the parties shall submit the dispute to final and binding arbitration for resolution in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA utilising such expedited proceedings as may be available in terms of such rules. Any arbitration shall be held in Cape Town, South Africa.

14.5. Notwithstanding anything to the contrary contained in this clause 15, either party shall be entitled to approach and seek relief from any competent court having jurisdiction.

14.6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the breaching party.


Termination of use of website or services

You can terminate your agreement with Kin by deregistering your Kin profile. And if you do things you shouldn’t with Kin, we can terminate our agreement with you.

15.1. IN ADDITION TO THE RIGHTS ABOVE, KIN RESERVES THE RIGHT TO TERMINATE AND/OR CANCEL THE SERVICES AND/OR WEBSITE GENERALLY AT ANY TIME, OR SPECIFICALLY YOUR ACCESS TO AND/OR USE OF THE SERVICE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION. KIN MAY ALSO INSTITUTE CIVIL LEGAL PROCEEDINGS AGAINST YOU FOR ANY BREACH OF THESE TERMS COMMITTED BY YOU.

15.2. If you wish to terminate the agreement with KIN, or end your use of the Services, you may do so by deregistering your Profile with the Service and discontinuing your use of the Service.

15.3. The obligations and liabilities of the parties incurred prior to the termination date of the Terms and/or access to the Services shall survive the termination of these Terms for all purposes, including the payment of any Fee due and payable by a user to KIN.

15.4. In the event of cancellation of your agreement with the Terms and with KIN, KIN will remove you from the Service and delete your Profile, and deny you access to the Services.


Notices and services address

If we need to be in touch with each other, we’ll use the email address you provided when registering with Kin, and you should use help@thekinapp.com.

16.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

16.1.1. in the case of KIN, at help@thekinapp.com; or

16.1.2. in the case of the user, at the email and addresses provided by the user to KIN in the registration process.

16.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

16.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.


General

It’s called “General”, but there are some nitty gritty bits in here about reading the terms.

 

17.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

17.2. No indulgence, leniency or extension of time granted by KIN shall constitute a waiver of any of KIN’s rights under these Terms and, accordingly, KIN shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

17.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

17.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

17.5. Should you have any complaints or queries, kindly address an email to help@thekinapp.com, advising KIN of same.

17.6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by KIN in relation to a user’s payment default or breach.

17.7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

17.8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.7 as stated.