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Terms and Conditions of Use of the Kappaserver Website

 

This Web Site and all other Kappagroup Web Sites (collectively, the "Site") are provided for use by the Kappafrik Group (KAPPAFRIK OR THE COMPANY) subject to the following terms and conditions ("Terms"). Your use of this Site constitutes your agreement to the Terms.  The terms “you” and “your” mean the individual user of the Site and any entity on whose behalf such user accesses the Site.

 

Any attempted unauthorized use of or access to this Site is strictly prohibited and may result in criminal and/or civil prosecution. Kappafrik reserves the right to monitor and record access to and use of this Site without notice or permission. Any information obtained through monitoring is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site.

Access to this website is strictly prohibited for children and persons under the age of 21, to any Politically Exposed Person, any US, EU, Japan, China and Australian Citizens and any individual who has not been specifically approved through a compliance and KYC procedure by the Mauritian authorities in the past 12 months of the time of login.

 

  • 1. Modifications

Kappafrik reserves the right to change these Terms at any time by posting the changes at the Site and your continued use of this Site will constitute your acceptance of the Terms, as modified. Kappafrik also reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, with or without notice, use of the Site and any function or page of the Site, including, without limitation, content, hours of availability, products and services offered, terms of use and access requirements. You agree that Kappafrik shall not be liable to you for the modification, suspension or discontinuance of any service or function of the Site.

 

  • 2. Secured Pages

Some of the functions available through the Site are provided on a private basis only to members that have registered with Kappafrik. Kappafrik may post rules ("Rules") on the Site, which are applicable to specific services offered through secured pages.

 

  • 3. User Logon Responsibilities

Access to secured pages is controlled through unique User Name IDs and Passwords assigned to individual users.  You may not share your User Name ID or Password with any other individual or permit any other user to access the Site using your User Name ID or Password. You are responsible for maintaining the confidentiality of the User Name ID and any Passwords assigned to you by Kappafrik, and are fully responsible for all activities that occur under your User Name ID and Password. You agree to notify Kappafrik immediately of any unauthorized use of your User Name ID or Password or if you learn of any other breach of security pertaining to use of this Site. If Kappafrik reasonably believes that you have provided any registration information that is false, misleading, inaccurate or incomplete, or if you do not comply with your user logon responsibilities, Kappafrik may terminate or suspend your access to and use of the Site. You agree that any termination or suspension of your access to this Site may be effected without prior notice and without liability to you.

 

For your protection, Kappafrik monitors and adheres to recognized industry information security practices to safeguard the information you exchange with Kappafrik over secured pages.

  • 4. Transactions on Kappaserver

This clause 4 is only applicable to you if you have access to the Kappaserver Owner section.

  1. You accept full responsibility for monitoring your Kapperserver Owner account.
  2.  Upon acceptance of any electronic instruction from you to Kappafrik, Kappafrik will    immediately provide you with a confirmation of receipt of your instruction.
  3. Kappafrik accepts no liability for failure to carry out any transactions you place using the Service where you are unable to     demonstrate that you have received a confirmation confirming Kappafrik’s acceptance for each and every instruction.
  4. You confirm and agree that you will notify Kappafrik as soon as         possible if any aspect of the confirmation does not accurately        reflect your instruction;
  5. If you fail to notify us within 14 days of any of these circumstances, you will be deemed to have accepted the terms of the transactions as stated on the confirmation provided to you by us.

 

  • 5. User Restrictions and Responsibilities

You agree not to do any of the following in connection with your use of the Site:

  1. download or print any information from this Site for any purpose other than for your personal use or for conducting business with Kappafrik via the Site;
  2. upload, post, e-mail, transmit or otherwise make available on or through the Site any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive;
  3. upload, post, e-mail, transmit or otherwise make available on or through the Site any content that infringes any patent, trademark, trade secret, copyright or other property rights of any person or entity;
  4. upload, post, e-mail, transmit or otherwise make available on or through the Site any material that contains any computer virus or other computer code, files or programs designed to interrupt, destroy, limit or interfere with the functionality of any computer software, hardware or telecommunications service or equipment, including any denial of service attack mechanisms;
  5. remove, alter, obscure or destroy any copyright, patent or other property rights notice or marking displayed on the Site;
  6. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code to any software, systems, designs, processes or proprietary information of Kappafrik;
  7. copy (other than in the ordinary course of business use of the Site) any Site screen displays, video, audio, animation, graphics, photographs or text, or remarket, resell, or redistribute the Site, in whole or part, or include any portion of the Site by the practice commonly known as "framing" in any other Internet or World Wide Web site, without in each case obtaining the prior written consent of Kappafrik
  • 6. Trademarks and Copyrights

The Site includes service marks and trademarks of Kappafrik and its affiliates. The Site may also contain trademarks and service marks of third parties used by Kappafrik with permission. No right or license to use any patent, copyright, trademark, service mark, trade secret or other intellectual property contained in this Site, or in any software, systems, designs or processes related to this Site, is granted to or otherwise conferred upon you pursuant to these Terms, and all such rights are reserved to and shall remain the exclusive property of Kappafrik.

 

  • 7. Links

The Site may contain links to other Internet sites and resources. Please be aware that Kappafrik has no control over third-party sites or resources and is not responsible for the availability of any third-party sites or for any content, products or services obtained from such third-party sites. For information about any linked site, you should read the terms of use posted at that site.

 

  • 8. Notices

Notices to Users of secured pages within the Site may be made via e-mail or regular mail. Kappafrik also may provide notices of changes to these Terms, Rules applicable to particular services offered through secured pages within the Site, or other matters by displaying notices or links to notices on the Site. Notices to Kappafrik should be given by regular or certified mail addressed to legal@kappafrik.com , Attention: Group Legal Counsel.

 

  • 9. Ownership of Information

Except as set forth in another agreement in effect between Kappafrik and you or as otherwise specified in these Terms or required under applicable law, any information, suggestions, questions, comments or other communications or material you transmit to the Site will become the property of Kappafrik and will not be treated as confidential by Kappafrik. Kappafrik may use all such information, communications and materials without obligation to you. However, Kappafrik will not release your name or otherwise publicly identify you as the source of any information unless Kappafrik has received your permission or is required to do so by law.

 

 

  • 10. No Offer for Investment

This Site contains information relating to certain investments of Kappafrik (the "Company"). Nothing on the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy securities; or an interest in any private fund, company, business entity, or issuer; or to make an investment of any kind. The information about any securities, fund, company, business entity, issuer, or investment contained herein is not complete and is subject to change and qualification at Kapperfrik’s option and in its sole discretion. Offers can only be made where lawful under, and in compliance with, applicable law. Kapperfrik makes no representations that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations.

 

  • 11. Historical Performance

This Site includes information about the Company's historical financial performance. Past performance, however, is no guarantee of future results.

 

  • 12. Personal Information

All information collected from you and about you in the course of your use of the Site is strictly for our internal purposes and will be kept confidential at all times. In addition to information Kappafrik may collect directly from you, we may capture and record information from your browser when you use the Site including without limitation your IP address, “cookie” information, and the page(s) you request. This information may be used for a variety of purposes, including without limitation, administering the Site, gathering demographic data, collecting information about your patterns and processes, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. “Cookies” are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser.

 

  • 13. Security

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information.

 

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. We will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

 

  • 14. No Liability

Kappafrik shall have no liability to you for any damages, injuries, liabilities, losses, claims, causes of action, proceedings, costs and expenses (including reasonable attorneys' fees and litigation expenses), of any kind whatsoever, that may result from your access or use of the Site. Under no circumstances shall Kappafrik be liable for any special or consequential damages, of any kind whatsoever, that result from the access or use of, or the inability to access or use, the materials on the Site, even if Kappafrik has been advised of the possibility of such damages. Kappafrik further assumes no responsibility for, and makes no warranties that, functions contained at the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Kappafrik shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.

 

  • 15. Irreparable Harm

You agree to defend, indemnify, and hold harmless Kappafrik and its officers, directors, employees, agents, predecessors, successors, affiliates, subsidiaries, and assigns, from and against any and all damages, injuries, liabilities, losses, claims, causes of action, proceedings, costs and expenses (including reasonable attorneys' fees and litigation expenses), of any kind whatsoever, relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

 

You agree that your breach of these Terms of Use may result in irreparable harm to us which cannot be compensated by money damages, and that, in addition to our rights and remedies otherwise available at law, we shall be entitled to obtain injunctive or equitable relief for any such breach.

 

  • 16. No Waiver

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No waiver by us shall be effective unless in writing.

 

  • 17. Communications

Communications sent by us to you by email will be deemed received by you immediately upon sending. We will not be obliged to seek any acknowledgement of receipt from you in respect of such emails. We will not be liable to you for any delay or failure of delivery (for whatever reason) of any such email. If we have addressed such communications to your email address, then we will not have breached any duty of confidentiality owed to you, even if they are seen by any other person as a result. Communications sent by you to us by email will be deemed received by us upon actual receipt by a system under our control.

  • 18. Excluded Jurisdictions

Unless otherwise determined by Kappafrik Group and permitted by applicable law and regulation, the information provided on this Website is not intended for distribution to persons in the United States, Australia, Canada, Japan, the Republic of South Africa or any other jurisdiction where it would be unlawful to do so. Some products and services may not be available in all jurisdictions or to all persons.

 

  • 19. Limitations of Liability

Kappafrik Group believes the information on this Website is correct, and has reasonable grounds to support any information found within this website at the time of writing. However, no liability is accepted for any loss or damage incurred by any person as a result of any error in any information, opinion or recommendation in this website or in any website linked to this website.  Kappafrik Group does not warrant that the information accessible via this site is accurate, complete or current. It is the users responsibility to verify any information contained in this website before making any decision based on information on the Website. To the extent there are any inconsistencies between the information on this Website and information contained in any Relevant Source (Relevant source includes but is not limited to Balance sheets or any other financial statement), the information contained in the Relevant Source shall always supersede the information contained on this Website.

 

 

  • 20. Information relating to pricing

Unless otherwise stated, any pricing information in this website is indicative only, is subject to change and is not an offer to deal. Where relevant, the price quoted is exclusive of tax and delivery costs and commissions

 

  • 21. Termination of Website Access

Kappafrik may terminate the user’s access to this website at any time without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by the Kappafrik group will survive termination. However, you will no longer be authorized to gain access to this website.

 

  • 22. Severance

If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from this Agreement and shall be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this shall not affect any other provisions of this Agreement which shall remain in full force and effect.

 

  • 23. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with Mauritian Law and the parties agree to submit to the non-exclusive jurisdiction of the Mauritian courts.

 

I am over 21 years old and agree on the above Terms and Conditions of use of this website and its applications.