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Terms and conditions

These Online Terms govern your access to and use of www.kambio.co.za and the Kambio digital educational platform and related services, as well as the purchase and use of any online course, subscription, content, assessment or related service. By accessing or using the Website/Platform, or by purchasing an Online Course, you agree to be bound by these Online Terms.

1. DEFINITIONS

Unless the context indicates otherwise:

  1. “Applicable Law” means the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, the Protection of Personal Information Act 4 of 2013, the Companies Act 71 of 2008, the Cybercrimes Act 19 of 2020, and any regulations or amendments applicable to Kambio’s operations.

  2. “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

  3. “Confidential Information” means all non-public information disclosed or made available through the Platform or Online Courses, including but not limited to course materials, assessments, solution guides, pricing structures, technical architecture, source code, business processes, methodologies and any information which by its nature ought reasonably to be regarded as confidential.

  4. “Content” means all information, materials and intellectual property made available on or through the Platform, including text, graphics, videos, audio content, assessments, notes, data, databases, software and underlying code.

  5. “Course Fee” means the price payable for an Online Course or Subscription as displayed at checkout, excluding third-party banking charges, currency conversion fees or other external transaction costs unless expressly stated otherwise.

  6. “Course Materials” means all Online Study Materials, resources, assessments and related materials supplied or made available as part of an Online Course.

  7. “Electronic Communication” has the meaning assigned to it by the Electronic Communications and Transactions Act 25 of 2002.

  8. “Minor” means a natural person under the age of 18 years.

  9. “Online Course” means any digital course, programme, scheduled learning service, on-demand educational content, assessment or subscription-based learning service made available via the Platform.

  10. “Operator” means a person or juristic entity who processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party.

  11. “Personal Information” means information relating to an identifiable, living natural person, and where applicable, an identifiable, existing juristic person, including identifying details, contact information, demographic information, education, medical, financial, criminal or employment history, and any other information that can reasonably identify the person.

  12. “Processing” means any operation or activity concerning Personal Information, whether or not by automatic means, including collection, receipt, recording, organisation, storage, updating, retrieval, use, dissemination, distribution, merging, linking, restriction, erasure or destruction.

  13. “Responsible Party” means a public or private body, or any other person, which alone or in conjunction with others, determines the purpose of and means for processing Personal Information.

  14. “Platform” means the website located at www.kambio.co.za and any associated web application, mobile interface, learning management system or digital infrastructure operated by Kambio through which Online Courses and related services are made available.

  15. “Subscription” means a recurring billing arrangement granting time-bound access to specified Online Courses or Content.

  16. “Subscription Period” means the recurring billing cycle selected at checkout during which access to a Subscription-based Online Course is granted.

  17. “User”, “you” or “your” means any natural or juristic person accessing, registering on, subscribing to, purchasing from or otherwise using the Platform, including learners, parents or legal guardians, educators and authorised representatives.

  18. “Website” means the publicly accessible website at www.kambio.co.za and all subdomains operated by Kambio.

  19. Unless the context indicates otherwise, words importing the singular include the plural and vice versa, words importing any gender include the others, and references to natural persons include juristic persons and vice versa.

2. APPLICABLE LEGISLATIONS

These Online Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Without limitation, these Online Terms are subject to and must be read consistently with all applicable legislation regulating electronic communications, consumer protection and data protection, including but not limited to:

  1. The Constitution of the Republic of South Africa, 1996;

  2. The Electronic Communications and Transactions Act 25 of 2002;

  3. The Consumer Protection Act 68 of 2008;

  4. The Protection of Personal Information Act 4 of 2013;

  5. The Companies Act 71 of 2008;

  6. The Cybercrimes Act 19 of 2020; and

  7. Any regulations, codes of conduct, regulatory guidance or amendments issued thereunder from time to time.

3. WEBSITE AND PLATFORM USE

  1. You may use the Platform solely for lawful purposes and strictly in accordance with these Online Terms.

  2. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be bound by these Online Terms.

  3. If you do not agree to these Online Terms, you must immediately refrain from accessing or using the Website and Platform.

  4. By using the Platform, you warrant and represent that you have the necessary legal capacity and authority to enter into a binding agreement and to be bound by these Online Terms.

  5. If you are under the age of 18 years, you may only access and use the Platform with the prior knowledge, consent and supervision of your parent or legal guardian.

  6. By permitting a Minor to access or use the Platform, the parent or legal guardian consents to be bound by these Online Terms on behalf of the Minor and accepts responsibility for ensuring the Minor’s compliance.

  7. You may not attempt:

    1. Unauthorised access to any system, account, server or data,

    2. Intentionally interfere with or disrupt the Platform,

    3. Upload or transmit any malicious code or other harmful material,

    4. Copy, reproduce, distribute or commercially exploit any Content without prior written consent from Kambio,

    5. Misrepresent your identity or authority,

    6. Or engage in any unlawful, abusive, fraudulent or infringing conduct.

  8. Kambio further reserves the right to amend, replace or update these Online Terms from time to time, and continued use of the Platform following such amendment constitutes acceptance of the revised terms.

  9. Any updated or amended Terms and Conditions published by Kambio shall supersede and replace all previous versions with effect from the date of publication.

4. ELECTRONIC TRANSACTIONS AND COMMUNICATIONS

  1. By accessing or using the Platform, or by communicating with Kambio by electronic means, including email, in-platform messaging or online forms, you expressly consent to receiving communications from Kambio in electronic form.

  2. You agree that any agreements, notices, disclosures, confirmations, invoices, policies or other communications transmitted electronically satisfy any legal requirement that such communications be in writing and shall have full legal force and effect.

  3. Any order placed, payment made, acceptance issued or agreement concluded through the Platform constitutes an electronic transaction in terms of Applicable Law.

  4. You further acknowledge and agree that a binding agreement may be formed electronically and that Kambio’s electronic records shall be admissible and constitute prima facie proof of the contents thereof, unless proven otherwise.

5. ACCOUNT REGISTRATION AND SECURITY

  1. Where registration is required in order to access the Platform or any Online Course, you are obliged to provide information that is accurate, complete and not misleading, and to update such information where it changes so as to ensure that it remains current and correct.

  2. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activities conducted through your account, whether authorised by you or not.

  3. You must take reasonable steps to prevent unauthorised access and must notify Kambio immediately upon becoming aware of any actual or suspected unauthorised use of your account or any security breach.

6. ONLINE COURSE PURCHASES AND CONTRACT FORMATION

  1. Listings of Online Courses on the Platform constitute invitations to do business only and do not amount to binding offers capable of acceptance. When you submit an order for an Online Course, you are deemed to have made an offer to purchase that Online Course subject to these Online Terms.

  2. A legally binding agreement shall come into existence only once payment of the applicable Course Fee has been duly authorised and received in cleared funds, and Kambio has issued an order confirmation and/or provisioned access to the relevant Online Course. Until such time, Kambio shall be under no obligation to supply the Online Course.

  3. Kambio reserves the right, in its sole discretion and without liability, to refuse or cancel any order prior to provisioning access where payment is declined or not received, fraud or unauthorised activity is suspected, required consent in respect of a Minor has not been verified, a material pricing or listing error has occurred, or where supply of the Online Course is not reasonably possible. In such circumstances, any amounts actually received will be refunded in accordance with Applicable Law.

  4. All payments for Online Courses and Subscriptions must be made using the authorised payment methods made available on the Platform at checkout.

  5. Payment is due in full and in cleared funds prior to access being provisioned, unless a Subscription or approved instalment arrangement applies.

  6. Kambio does not store full credit card details and payments are processed through secure third-party payment service providers.

  7. Where Subscriptions are offered, the applicable billing interval, renewal terms and cancellation mechanism will be disclosed at checkout. Subscription fees will automatically renew at the end of each Subscription Period unless cancelled in accordance with the prescribed procedure prior to the next billing date.

  8. In terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002, a consumer may be entitled to cancel certain electronic transactions within seven (7) days after conclusion of the agreement.

  9. This cooling-off right does not apply where the service has commenced with the consumer’s consent before expiry of the seven-day period, or where digital content has been accessed, downloaded or streamed, to the extent permitted by law.

  10. Any cancellation must be effected in writing using the contact details published on the Platform.

  11. Where a valid cancellation is accepted, any refund due will be processed using the original method of payment within a reasonable period, subject to payment processor timeframes and any deductions permitted by Applicable Law.

  12. No refund shall be payable where access has been lawfully suspended or terminated for breach of these Online Terms, misuse of Content, fraud or unlawful conduct. All refunds remain subject to the Consumer Protection Act 68 of 2008 and other Applicable Law.

7. PRICING AND PAYMENT

  1. The price applicable to your purchase will be the price displayed at the time your offer is accepted in accordance with these Online Terms.

  2. By submitting payment details, you warrant that you are lawfully authorised to use the selected payment method and that all information provided is accurate and complete.

  3. Where Subscriptions are offered, the applicable recurring billing interval, renewal terms and cancellation mechanisms will be clearly disclosed at checkout and shall form part of the binding agreement.

  4. Kambio reserves the right, at its sole discretion and at any time prior to the formation of a binding contract, to amend, vary, replace or withdraw any products, Online Courses, services or Content listed on the Platform, including their descriptions, availability and specifications.

  5. Kambio further reserves the right to amend or adjust any pricing displayed on the Platform due to error, market conditions, operational requirements or any other legitimate commercial reason.

  6. Such changes shall not affect orders in respect of which a binding contract has already been concluded, unless the change is required by Applicable Law or results from an obvious and material pricing error.

8. ACCESS, DELIVERY AND DURATION

  1. Delivery of an Online Course occurs by provisioning access to your registered account and/or enabling access to the relevant Online Course within the Platform. No physical delivery shall be required unless expressly stated.

  2. The duration of access to an Online Course shall be as specified on the relevant course page, in the order confirmation, or, where applicable, for the duration of an active Subscription.

  3. Access rights automatically expire at the end of the stated access period or upon lawful termination of your account or Subscription.

  4. Access to Online Courses and Course Materials is granted strictly on a personal, limited and non-transferable basis.

  5. You may not share login credentials, permit third-party access, or otherwise allow any person to access the Platform using your account. Any form of credential sharing or unauthorised access constitutes a material breach of these Online Terms.

  6. Kambio reserves the right to monitor session data, login activity, device identifiers and usage patterns for purposes of security, fraud prevention and enforcement of access restrictions.

  7. Where misuse or unauthorised access is detected or reasonably suspected, Kambio may suspend or terminate access without prejudice to any other rights or remedies available at law.

9. COURSE MODIFICATIONS

  1. Kambio reserves the right to update, enhance, modify, reorganise, supplement or discontinue any Online Course or Course Materials from time to time for educational improvement, curriculum development, operational requirements, technological advancement, compliance with Applicable Law, or any other legitimate business reason. Such changes may include updates to content, structure, delivery format, assessment methods or platform functionality.

  2. The purchase of an Online Course grants access only to the version of the Online Course made available at the time of provisioning, including any minor updates or improvements made during the access period, and does not entitle you to access to substantially revised, expanded or newly released versions of the Online Course unless expressly stated in writing by Kambio.

10. TECHNICAL SUPPORT AND AVAILABILITY

  1. Kambio will use reasonable endeavours to maintain the availability and proper functioning of the Platform; however, access is provided on an “as available” basis and Kambio does not warrant or guarantee that access will be uninterrupted, timely, secure or error-free.

  2. Downtime, service interruptions or performance degradation may occur from time to time as a result of scheduled maintenance, system upgrades, emergency repairs, or circumstances beyond Kambio’s reasonable control, including but not limited to network failures, power outages or third-party service disruptions.

  3. Kambio shall not be liable for any delay, interruption or failure in access to the Platform or Online Courses arising from or attributable to your device, hardware, software, internet service provider, firewall settings, browser configuration, telecommunications infrastructure, or any third-party systems or services not under Kambio’s direct control.

11. INTELLECTUAL PROPERTY 

All right, title and interest in and to the Platform, the Online Courses and all Content, including but not limited to:

  • course materials,

  • graphics,

  • educational videos,

  • educational audio content,

  • educational assessments,

  • databases,

  • software,

  • source code,

  • Branding & trade marks, together with all underlying intellectual property rights, whether registered or unregistered, and any enhancements, modifications or derivative works thereof, shall remain exclusively vested in Kambio and/or its licensors, and nothing in these Online Terms shall be construed as transferring any ownership rights to you.

  1. Subject to full payment of the applicable Course Fee and your ongoing compliance with these Online Terms, you are granted a limited, revocable and non-exclusive access and use of the Online Courses and Content, strictly for your personal, non-commercial educational purposes during the applicable access period.

  2. This licence is conditional and may be withdrawn immediately in the event of breach.

  3. Except as expressly permitted by these Online Terms or by mandatory law, you may not copy, download, record, reproduce, distribute, publish, share, modify, create derivative works from, reverse engineer, or otherwise exploit any part of the Platform, Online Courses or Content without prior written consent.

  4. You may not remove, alter or obscure any copyright notices, trademarks, proprietary icons or other intellectual property markings appearing on or embedded within the Platform or Content.

  5. Any unauthorised use of the Platform or Content constitutes a material breach of these Online Terms and may result in immediate suspension or termination of access, civil claims for damages, and/or criminal prosecution where applicable.

12. DISCLAIMERS

  1. Online Courses and all Course Materials are provided strictly for general educational and informational purposes. They are not intended to constitute professional, legal, financial, academic placement, career, or other specialised advice, and no fiduciary, advisory or professional relationship is created between Kambio and any User by virtue of access to or participation in an Online Course.

  2. While Kambio uses reasonable care in developing and delivering its Online Courses, Kambio makes no representation, warranty or guarantee that completion of any Online Course will result in the achievement of specific academic results, examination outcomes, qualifications or any other measurable performance indicator, unless such guarantee is expressly set out in writing and signed by an authorised representative of Kambio.

  3. Educational performance is influenced by numerous factors beyond Kambio’s control, including the User’s effort, prior knowledge, learning environment, assessment standards, external examination bodies and institutional policies.

  4. Accordingly, any examples of results, testimonials or illustrative outcomes presented on the Platform are indicative only and do not constitute warranties or guarantees of future performance.

13. LIMITATION OF LIABILITY

  1. To the fullest extent permitted by Applicable Law, Kambio shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage of any nature whatsoever, whether arising in contract, delict, statute or otherwise.

  2. This includes but is not limited to:

    1. loss of profits,

    2. loss of revenue,

    3. loss of business,

    4. loss of anticipated savings,

    5. loss of goodwill,

    6. loss or corruption of data,

    7. business interruption, or,

    8. any economic loss arising out of or in connection with access to or use of the Platform, Online Courses or Course Materials.

  3. Without limiting the generality of the foregoing, Kambio shall not be liable for any loss resulting from unauthorised access to your account, reliance on course content beyond its intended educational purpose, interruptions in availability, technical failures outside Kambio’s reasonable control, or acts or omissions of third parties, including service providers and payment processors.

14. THIRD-PARTY LINKS AND SERVICES

  1. The Platform may contain links to third-party websites, applications, resources or services, and may integrate or rely on third-party tools, plugins, payment gateways, hosting infrastructure, analytics services or other technologies for operational purposes.

  2. Such links and integrations are provided for convenience, functionality or informational purposes only and do not constitute endorsement, sponsorship or approval by Kambio of the relevant third party or its content, products or services.

  3. Kambio does not own, control or operate any third-party websites or services and is not responsible for their content, availability, security measures, privacy practices, terms of use or data processing activities.

  4. Access to and use of any third-party website or service is entirely at your own risk and subject to the terms and policies of the relevant third party.

  5. Kambio shall not be liable for any loss, damage, claim or liability of any nature whatsoever arising from or in connection with your access to, use of, or reliance on any third-party website, tool or service, including but not limited to loss of data, financial loss, security breaches, service interruptions or any act or omission of such third parties.

  6. The user hereby indemnifies and holds harmless, Kambio, its directors, officers, employees and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs and expenses arising out of or in connection with:

    1. your use of or reliance on any third-party website or service accessed through the Platform;

    2. your breach of any third-party terms and conditions; or

    3. any dispute between you and a third party relating to products, services or content provided by that third party.

15. PRIVACY AND DATA PROTECTION 

  1. Kambio processes Personal Information strictly in accordance with POPIA, other Applicable Law, and its Data Protection and Privacy Management Policy. Kambio acts as the Responsible Party in respect of Personal Information processed through the Platform and determines the purpose of and means for such Processing.

  2. Personal Information may be collected and processed for lawful, specific and explicitly defined purposes including, but not limited to, account registration and administration, provision and delivery of Online Courses and related educational services, subscription management, billing and payment processing, communication of service-related information, technical support, fraud prevention, compliance with legal and regulatory obligations, enforcement of contractual rights, investigation of complaints, and improvement of platform functionality, performance and security.

  3. Where the User is a Minor, Kambio will process the Minor’s Personal Information only with the prior and informed consent of a competent parent or legal guardian, in accordance with POPIA.

  4. The parent or legal guardian warrants that he or she is authorised to provide such consent and accepts responsibility for the lawfulness of the Minor’s use of the Platform.

  5. Personal Information may be disclosed to or processed by contracted Operators and service providers who assist in hosting, infrastructure, payment processing, communications, analytics, support or related services.

  6. Such Operators are bound by written agreements requiring appropriate technical and organisational security safeguards and restricting Processing to authorised purposes only.

  7. Kambio implements appropriate, reasonable technical and organisational measures designed to safeguard the confidentiality, integrity and availability of Personal Information and to protect it against loss, unauthorised access, disclosure, alteration or destruction.

  8. Notwithstanding these measures, no method of transmission over the internet or method of electronic storage is completely secure, and Kambio cannot guarantee absolute security.

  9. Personal Information will be retained only for as long as necessary to fulfil the lawful purposes for which it was collected or subsequently processed, or as required or permitted by Applicable Law. Once no lawful basis for continued retention exists, such information will be securely deleted, destroyed or irreversibly de-identified in accordance with recognised data protection standards.

  10. Subject to Applicable Law, Users have the right to request access to their Personal Information, to request correction of inaccurate or incomplete information, to request deletion where Processing is unlawful or no longer necessary, and to object to or restrict certain Processing activities. Requests will be handled in accordance with POPIA and Kambio’s internal data subject procedures.

16. COOKIES 

  1. The Platform uses cookies and similar technologies to ensure functionality, maintain security, manage user sessions, remember preferences, analyse usage, improve performance and support permitted marketing activities.

  2. Cookies may collect information such as browser type, device identifiers, IP address, operating system, pages visited, session duration, referral sources and interaction data.

  3. Certain cookies are essential for the operation of the Platform and cannot be disabled without impairing functionality.

  4. Other cookies may be used for analytics, statistical reporting or service improvement purposes, including the use of third-party analytics providers who process information on Kambio’s behalf under appropriate contractual safeguards.

  5. By using the Platform, you consent to the use of cookies and similar technologies in accordance with these Online Terms and Kambio’s Privacy Policy, subject to your rights under Applicable Law.

  6. You may configure your browser settings to block or delete cookies; however, doing so may limit or disable certain features, restrict access to Online Courses, interfere with session continuity, or otherwise impair the functionality and performance of the Platform.

17. CONFIDENTIALITY

  1. In the course of accessing and using the Platform and Online Courses, you may receive or have access to information, materials, methodologies, assessment content, pricing structures, technical data, business processes, or other information which is proprietary or confidential to Kambio.

  2. Confidential Information includes, without limitation:

    1. non-public course materials,

    2. examination or assessment content,

    3. solution guides,

    4. platform architecture,

    5. source code,

    6. system functionality,

    7.  internal processes,

    8. commercial terms and,

    9. any information designated as confidential or which, by its nature, ought reasonably to be regarded as confidential.

  3. You undertake to keep all Confidential Information strictly confidential and not to disclose, publish, distribute, reproduce or otherwise make available such information to any third party without the prior written consent of Kambio.

  4. You may use Confidential Information solely for the limited purpose of participating in the Online Course in accordance with these Online Terms and for no other purpose.

  5. The confidentiality obligations contained in this clause shall not apply to information which:

    1. is or becomes publicly available other than through your breach of these Online Terms;

    2. is lawfully obtained from a third party without restriction; or

    3. is required to be disclosed by law or by order of a court or regulatory authority, provided that you notify Kambio promptly (to the extent legally permissible) prior to such disclosure.

  6. These confidentiality obligations survive termination or expiry of your access to the Platform or Online Courses.

18. SUSPENSION AND TERMINATION 

  1. Kambio reserves the right, in its sole discretion and without prejudice to any other rights or remedies available at law, to suspend, restrict or terminate your access to the Platform, any Online Course, or your account upon the occurrence of a material breach of these Online Terms, or where such action is reasonably necessary to protect the security, integrity or lawful operation of the Platform or to comply with Applicable Law.

  2. It may also occur where you engage in unlawful, fraudulent or harmful conduct.

  3. Access may further be suspended or terminated where you compromise the security or integrity of the Platform, infringe intellectual property rights, misuse Course Materials, or engage in academic dishonesty.

  4. Kambio may also take such action where it is reasonably necessary to comply with Applicable Law or to protect Kambio’s legitimate business interests.

  5. Suspension may be temporary or permanent and may be implemented without prior notice where immediate action is reasonably required to mitigate risk, prevent further harm, or preserve evidence.

  6. Kambio shall not be liable for any loss or damage arising from lawful suspension or termination effected in accordance with these Online Terms.

  7. Upon termination for any reason, your licence to access and use the Platform, Online Courses and all Content shall cease immediately.

  8. You must immediately discontinue all use of the Platform and Content and must not attempt to circumvent termination by creating new accounts or accessing the Platform through alternative means.

  9. Termination shall not affect any accrued rights or obligations of the parties prior to the date of termination, including payment obligations, indemnities, confidentiality undertakings, intellectual property protections, and limitation of liability provisions, all of which shall survive termination to the extent necessary to give them effect.

19. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

  1. In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002, the following information is provided:

    1. Company Name: Kambio (Pty) Ltd, a private company duly incorporated in the Republic of South Africa.

    2. Website address: https://www.kambio.co.za/

    3. Email address: info@kambio.co.za

    4. Telephone number: +27 84 688 8088

    5. Registration number: 2024/618985/07

    6. Director: Kayla Louise Field.

  2. The full price payable is displayed at checkout and is indicated as inclusive or exclusive of VAT where applicable. Any additional transaction costs, third-party payment processing fees, or other charges are disclosed prior to payment confirmation.

  3. Kambio implements reasonable technical and organisational security measures to protect payment information and Personal Information in accordance with ECTA and POPIA.

  4. Kambio’s record of transactions and communications will be retained in accordance with Applicable Law and its internal retention policies.

  5. Any applicable codes of conduct to which Kambio subscribes, if any, will be made available on request.

20. NOTICES

  1. Any notice required or permitted to be given in terms of these Online Terms shall be valid and effective only if given in writing.

  2. Kambio may deliver notices to you by email to the address provided during registration, by publication on the Platform, or by in-platform notification.

  3. Notices sent by email shall be deemed received on the date of transmission, unless a delivery failure notification is received. Notices published on the Platform shall be deemed received on the date of publication.

  4. You may deliver notices to Kambio by email to info@kambio.co.za or by written notice delivered to Kambio’s registered physical address as reflected in the section 43 ECTA disclosure clause.

  5. A notice delivered by hand shall be deemed received on the date of delivery.

  6. Either party may change its notice details by providing written notice to the other party in accordance with this clause.

  7. For the avoidance of doubt, automated system-generated messages or acknowledgements of receipt do not constitute formal notice unless expressly stated to do so.

21. GENERAL

  1. These Online Terms constitute the entire agreement between Kambio and the User in respect of access to and use of the Platform, the purchase and use of Online Courses, and all related services, and supersede and replace all prior or contemporaneous agreements, representations, warranties, undertakings or understandings of any nature whatsoever, whether oral or written, relating to the same subject matter.

  2. The User acknowledges that it has not relied on any statement, representation or warranty not expressly set out in these Online Terms.

  3. No variation, amendment or consensual cancellation of these Online Terms shall be of any force or effect unless reduced to writing and published by Kambio or signed by a duly authorised representative of Kambio.

  4. If any provision of these Online Terms is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such provision shall be severed or read down to the minimum extent necessary to render it valid and enforceable, and the remaining provisions shall remain in full force and effect.

  5. Each provision of these Online Terms is severable from the others and shall be construed independently.

  6. No indulgence, extension of time, relaxation or latitude granted by Kambio in exercising any right, power or remedy under these Online Terms shall operate as a waiver or novation of that right, nor shall it preclude or stop Kambio from exercising that right thereafter.

  7. Any waiver of rights shall only be effective if in writing and signed by a duly authorised representative of Kambio.

  8. The User may not cede, assign, transfer, delegate or otherwise dispose of any of its rights or obligations under these Online Terms without the prior written consent of Kambio.

  9. Any purported assignment or delegation in breach of this clause shall be void.

  10. Kambio may cede, assign, delegate or transfer its rights and obligations under these Online Terms, in whole or in part, to any affiliate, successor-in-title, or third party in connection with a merger, acquisition, restructuring, or transfer of its business, subject to Applicable Law.

  11. These Online Terms do not create any partnership, joint venture, agency or employment relationship between the parties. The User has no authority to bind Kambio in any manner whatsoever.

  12. Headings are included for convenience only and shall not affect the interpretation of these Online Terms. Words importing any one gender include the others, and words importing the singular include the plural and vice versa.

  13. To the extent permitted by law, these Online Terms may be executed or accepted electronically and shall be binding upon electronic acceptance or continued use of the Platform following publication.

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