KRS Club (PTY) LTD Consumer Agreement
Last Updated: August 29, 2024
This KRS Club (PTY) LTD Consumer Agreement (the “Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “you,” “your”) and KRS CLUB (PTY) LTD, Inc. and its affiliates (collectively, “KRS Club (PTY) LTD,” “we,” “our” or “us”) governing your use of KRS Club (PTY) LTD’s consumer web-based application and/or mobile applications (collectively, the “KRS Club (PTY) LTD App”). Please read this Agreement carefully. By clicking on the “I Accept” button, completing the registration process, and/or downloading, and/or using the KRS Club (PTY) LTD App, you represent that (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of legal age to form a binding contract with KRS Club (PTY) LTD; and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE KRS CLUB (PTY) LTD APP.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH KRS CLUB (PTY) LTD ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 27 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND KRS CLUB (PTY) LTD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
1. KRS Club (PTY) LTD App Registration and Account Activation.
The KRS Club (PTY) LTD App allows you to create 1 universal consumer profile that enables you to perform aggregated searches, then schedule and pay for wellness services, including fitness, beauty, integrative health and other services offered by thousands of participating businesses and independent practitioners (“KRS Club (PTY) LTD Subscribers”).
The KRS Club (PTY) LTD App also enables you to synchronize any consumer accounts you have previously created with KRS Club (PTY) LTD Subscribers, so that you may view your history of purchases and visits with those providers, use any current series, membership, gift card or account credits you may have with those providers, and to renew or purchase additional services.
To make credit or debit card purchases from KRS Club (PTY) LTD or the KRS Club (PTY) LTD Subscribers, you must complete the registration and open an account within the KRS Club (PTY) LTD App (“KRS Club (PTY) LTD App Account”). You do this by providing your first and last name and email address, completing your email verification, and associating 1 or more valid credit or debit cards with that KRS Club (PTY) LTD App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your KRS Club (PTY) LTD App Account. Your KRS Club (PTY) LTD App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your KRS Club (PTY) LTD App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your KRS Club (PTY) LTD App Account to engage in illegal or unethical activities.
If you register for the KRS Club (PTY) LTD App through your Facebook account (“Facebook Account”), you are allowing KRS Club (PTY) LTD to access your Facebook Account as permitted under the applicable terms and conditions that govern your use of your Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to KRS Club (PTY) LTD and/or grant KRS Club (PTY) LTD access to your Facebook Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Facebook Account and without obligating KRS Club (PTY) LTD to pay any fees or making KRS Club (PTY) LTD subject to any usage limitations imposed by Facebook. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK, AND KRS CLUB (PTY) LTD DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY FACEBOOK IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR FACEBOOK ACCOUNT.
2. Compatible Mobile Devices and Third Party Carriers.
Your KRS Club (PTY) LTD App Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as “jailbreaking”, are not compatible mobile devices. You acknowledge that the use of a modified device to use the KRS Club (PTY) LTD App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your KRS Club (PTY) LTD App Account. KRS Club (PTY) LTD does not warrant that the KRS Club (PTY) LTD App will be compatible with your mobile device or third party carrier.
Your use of the KRS Club (PTY) LTD App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
3. App Stores.
You acknowledge and agree that the availability of the KRS Club (PTY) LTD App is dependent on the third party from whom you received the KRS Club (PTY) LTD App license, e.g., the Apple App Store or Google Play (“App Store“). You acknowledge that this Agreement is between you and KRS Club (PTY) LTD and not with Apple, Google, or their App Stores. KRS Club (PTY) LTD, not Apple, Google, or their App Stores, is solely responsible for the KRS Club (PTY) LTD App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the KRS Club (PTY) LTD App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the KRS Club (PTY) LTD App. You agree to comply with, and your license to use the KRS Club (PTY) LTD App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the KRS Club (PTY) LTD App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
4. Restrictions on Use.
By using the KRS Club (PTY) LTD App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor“), that you are using the KRS Club (PTY) LTD App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the KRS Club (PTY) LTD App and agree to this Agreement. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless KRS Club (PTY) LTD if the Minor breaches any of the terms of this Agreement. If you are not at least 13 years old, you may not use the KRS Club (PTY) LTD App at any time or in any manner or submit any information to the KRS Club (PTY) LTD App or KRS Club (PTY) LTD.
The KRS Club (PTY) LTD App and your KRS Club (PTY) LTD App Account may only be used within the Republic of South Africa or any country or territory where current KRS Club (PTY) LTD Subscribers exist and where the laws of that country or territory permit its use. You may not export the KRS Club (PTY) LTD App directly or indirectly, and you acknowledge that the KRS Club (PTY) LTD App may be subject to export restrictions imposed by South African law
By creating a KRS Club (PTY) LTD App Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity; (2) credit counseling or repair agencies; (3) credit protection or identity theft protection services; (4) direct marketing or subscription offers or services; (5) infomercial sales; (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries); (7) multi-level marketing businesses; (8) inbound or outbound telemarketers; (9) prepaid phone cards or phone services; (10) rebate based businesses; (11) upsell merchants; (12) bill payment services; (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (14) financial institutions offering manual or automated cash disbursements; (15) financial institutions offering merchandise and services; (16) sales of money orders or foreign currency by non-financial institutions; (17) wire transfer money orders; (18) high-risk merchants, including telemarketing merchants; (19) service station merchants; (20) automated fuel dispensers; (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material); (22) internet/mail order/telephone order firearm or weapon sales; (23) internet/mail order/telephone order cigarette or tobacco sales; (24) drug paraphernalia; (25) hate products; (26) escort services; and/or (27) bankruptcy attorneys.
5. KRS Club (PTY) LTD Subscriber Loyalty Programs.
KRS Club (PTY) LTD Subscribers may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your KRS Club (PTY) LTD App Account. Any such loyalty programs and any rewards associated with them are offered by the KRS Club (PTY) LTD Subscriber alone (and not by KRS Club (PTY) LTD). Should you have questions about any KRS Club (PTY) LTD Subscriber loyalty program, please ask the KRS Club (PTY) LTD Subscriber for more information about the program, including any applicable terms and conditions. Rewards associated with KRS Club (PTY) LTD Subscriber loyalty programs have no cash value, and KRS Club (PTY) LTD Subscriber may choose to discontinue its loyalty program(s) at any time.
6. Texting Features Consent.
KRS Club (PTY) LTD may, from time to time, offer text message programs, including one-time texts and subscription text services, where KRS Club (PTY) LTD or a KRS Club (PTY) LTD Subscriber texts you for alerts, promotions and other purposes (“SMS Texting Services
To the extent you use any feature of the KRS Club (PTY) LTD App that enables you to send text message to device holders and you elect to use the feature, you acknowledge that KRS Club (PTY) LTD only provides a platform for you to send text messages through the KRS Club (PTY) LTD App and has no responsibility or liability for any such text messages or related message content. Your responsibilities as set forth in this Agreement will remain your sole responsibility and liability even if KRS Club (PTY) LTD offers advice or guidance regarding the text messages you transmit.
7. Unauthorized or Illegal Transactions.
We may decide not to process a transaction if we believe that the transaction is in violation of any KRS Club (PTY) LTD agreement or exposes you, other KRS Club (PTY) LTD users, our partners, including any KRS Club (PTY) LTD Subscribers, or KRS Club (PTY) LTD to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your KRS Club (PTY) LTD App Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your KRS Club (PTY) LTD App Account, and/or any of your transactions with law enforcement.
8. KRS Club (PTY) LTD App Purchase Information.
By using the KRS Club (PTY) LTD App, you give KRS Club (PTY) LTD permission to share your email address, first and last name and purchase histories with the KRS Club (PTY) LTD Subscribers you make purchases with. You also give us permission to import into your KRS Club (PTY) LTD App Account and to share with KRS Club (PTY) LTD Subscribers information about purchases you have made using your payment card and any of KRS Club (PTY) LTD’s products or services. More information can be found in the KRS Club (PTY) LTD Privacy Policy.
9. Your Privacy.
Our privacy policy governs how we collect and use personal information that is submitted through our apps and services. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted KRS Club (PTY) LTD’ Privacy Policy https://itensityonline.com/index.php/privacy-policy/
10. Customer Service Disclaimer.
You understand and agree that KRS Club (PTY) LTD is not responsible for the goods and services that you purchase through the KRS Club (PTY) LTD App. Third-party merchants, including KRS Club (PTY) LTD Subscribers, and not KRS Club (PTY) LTD, provide those goods and services. These merchants, and not KRS Club (PTY) LTD, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not KRS Club (PTY) LTD, is responsible for customer service related to your payment card.
11. Disclosures and Notices.
You acknowledge and agree that KRS Club (PTY) LTD may provide disclosures and other notices required by law and other information about your KRS Club (PTY) LTD App Account to you electronically by posting them on the KRS Club (PTY) LTD App or by emailing the email address listed in your KRS Club (PTY) LTD App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing KRS Club (PTY) LTD with your most current e-mail address. In the event that the last e-mail address you provided to KRS Club (PTY) LTD is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, KRS Club (PTY) LTD’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
12. User Content.
In connection with registering for a KRS Club (PTY) LTD App Account, you may provide reviews, feedback and other content regarding KRS Club (PTY) LTD products and services or KRS Club (PTY) LTD Subscribers, including without limitation regarding the video on demand and/or livestreaming fitness classes made available via Flex. This content may include photos, name, alias, likeness, appearance, form or other materials or information uploaded to the KRS Club (PTY) LTD App (“User Content”). You agree that you will not upload User Content to the KRS Club (PTY) LTD App unless you have created that content yourself or you have permission from the copyright owner to do so.
In the event that you participate in livestreamed classes, you understand and agree that your participation in such livestreamed classes will be viewable by other participants in the livestreamed class as well as the instructor of such livestreamed class. Further, you understand and agree that such livestreamed classes, including video and/or audio of your participation in the same, may be recorded and offered as a video on demand content. Accordingly, your participation and the video and/or audio recording of the same will be “User Content” subject to the licenses granted below.
For any User Content that you upload to the KRS Club (PTY) LTD App, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display that User Content (in whole or in part) throughout the world in any media in order to provide and promote the KRS Club (PTY) LTD App and KRS Club (PTY) LTD’s business. You retain all rights in your User Content, subject to the rights granted to KRS Club (PTY) LTD in this Agreement. You may modify or remove your User Content via your KRS Club (PTY) LTD App Account or by terminating your KRS Club (PTY) LTD App Account. For User Content containing audio and/or video recordings or livestreams of my participation in Flex, you hereby waive all rights and release and discharge KRS Club (PTY) LTD from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever, including defamation, invasion of right to privacy, publicity or personality or any similar matter, arising out of or relating to the use and exploitation of such User Content or your name, alias, likeness, appearance and form.
You agree not to upload to the KRS Club (PTY) LTD App or otherwise post, transmit, distribute, or disseminate through the KRS Club (PTY) LTD App, including without limitation via your participation in Flex, any content that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with KRS Club (PTY) LTD’s or its partners’ products and services, as determined by KRS Club (PTY) LTD in its sole discretion; or (6) in KRS Club (PTY) LTD’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the KRS Club (PTY) LTD App, or which may expose KRS Club (PTY) LTD, its affiliates, or users to harm or liability of any nature.
You acknowledge that KRS Club (PTY) LTD has no obligation to pre-screen, edit, or monitor any User Content, although KRS Club (PTY) LTD reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the KRS Club (PTY) LTD App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
We expect users to respect the intellectual property of others. Please see our Intellectual Property Policy for more information on notifying us of copyright or trademark violations.
13. Intellectual Property Policy.
KRS Club (PTY) LTD respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Intellectual Property (or such other URL as specified by KRS Club (PTY) LTD), as may be updated by KRS Club (PTY) LTD from time to time. Any data or information submitted to the KRS Club (PTY) LTD App is subject to our Intellectual Property Policy
14. Your Right to Terminate.
You may terminate this Agreement at any time by closing your KRS Club (PTY) LTD App Account and ceasing to use the KRS Club (PTY) LTD App.
15. Our Right to Suspend or Terminate.
We may terminate this Agreement and close your KRS Club (PTY) LTD App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (1) have violated the terms of this Agreement or any other agreement you have with KRS Club (PTY) LTD or KRS Club (PTY) LTD’s policies; (2) pose an unacceptable credit or fraud risk to us; and/or (3) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the KRS Club (PTY) LTD App.
16. Effect of Termination.
If your KRS Club (PTY) LTD App Account is terminated for any reason or no reason, you agree: (1) to continue to be bound by this Agreement; (2) to immediately stop using the KRS Club (PTY) LTD App; (3) that the license provided under this Agreement shall end; (4) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and (5) that KRS Club (PTY) LTD shall not be liable to you or any third party for termination of access to the KRS Club (PTY) LTD App, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the KRS Club (PTY) LTD App, or in connection with any termination or suspension of the KRS Club (PTY) LTD App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
17. License Grant to You.
Subject to your compliance with this Agreement, KRS Club (PTY) LTD hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the KRS Club (PTY) LTD App on a single mobile device that you own or control and to run such copy of the KRS Club (PTY) LTD App solely to find and reserve services and make purchases from KRS Club (PTY) LTD Subscribers in accordance with this Agreement. You will not: (1) modify, copy or create any derivative works based on the KRS Club (PTY) LTD App; (2) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the KRS Club (PTY) LTD App available to any third party; (3) reverse engineer or decompile any portion of the KRS Club (PTY) LTD App; (4) access or use (or allow a third party to access or use) the KRS Club (PTY) LTD App for competitive analysis or to build any competing products or services; (5) copy any features, functions, integrations, interfaces or graphics of the KRS Club (PTY) LTD App; or (6) otherwise use or exploit the KRS Club (PTY) LTD App in any manner not expressly permitted by this Agreement. Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the KRS Club (PTY) LTD App, subject to any additional terms made known to you at that time, when KRS Club (PTY) LTD makes these updates available. You may be required to accept updates to the KRS Club (PTY) LTD App in order to continue to use the KRS Club (PTY) LTD App.
18. Restrictions on Use.
You may use the KRS Club (PTY) LTD App only to the extent that you obey all laws, rules, and regulations applicable to your use of the KRS Club (PTY) LTD App. While we want you to enjoy the KRS Club (PTY) LTD App, you may not, nor may you permit any third party to do any of the following: (1) access or monitor any material or information on any KRS Club (PTY) LTD system using any manual process or robot, spider, scraper, or other automated means; (2) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from KRS Club (PTY) LTD; (3) permit any third party to use or benefit from the KRS Club (PTY) LTD App via a rental, lease, timesharing, service bureau or other arrangement; (4) transfer any rights granted to you under this Agreement; (5) violate the restrictions in any robot exclusion headers on the KRS Club (PTY) LTD App or any KRS Club (PTY) LTD service or product, work around, bypass, or circumvent any of the technical limitations of the KRS Club (PTY) LTD App, use any tool to enable features or functionalities that are otherwise disabled in the KRS Club (PTY) LTD App, or decompile, disassemble or otherwise reverse engineer the KRS Club (PTY) LTD App; (6) perform or attempt to perform any actions that would interfere with the proper working of the KRS Club (PTY) LTD App, prevent access to or use of the KRS Club (PTY) LTD App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (7) otherwise use the KRS Club (PTY) LTD App except as expressly permitted herein.
19. Ownership.
The KRS Club (PTY) LTD App is licensed and not sold. KRS Club (PTY) LTD reserves all rights not expressly granted to you in this Agreement. The KRS Club (PTY) LTD App is protected by copyright, trade secret and other intellectual property laws. KRS Club (PTY) LTD owns the title, copyright and other worldwide intellectual property rights in the KRS Club (PTY) LTD App and all copies of the KRS Club (PTY) LTD App. This Agreement does not grant you any rights to KRS Club (PTY) LTD’s trademarks or service marks.
20. Feedback.
You may choose to or we may invite you to submit comments or ideas about the KRS Club (PTY) LTD App, including without limitation about how to improve the KRS Club (PTY) LTD App or our other products (“Feedback“). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place KRS Club (PTY) LTD under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KRS Club (PTY) LTD does not waive any rights to use similar or related ideas previously known to KRS Club (PTY) LTD or developed by its employees, or obtained from sources other than you. KRS Club (PTY) LTD has no obligation to review any Feedback nor to keep any Feedback confidential, and KRS Club (PTY) LTD may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
21. Indemnification.
You agree to release, indemnify, defend, and hold harmless KRS Club (PTY) LTD and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “KRS Club (PTY) LTD Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (1) any actual or alleged breach by you of this Agreement; (2) your access to or use of the KRS Club (PTY) LTD App; or (3) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party. This provision does not require you to indemnify any of the KRS Club (PTY) LTD Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the KRS Club (PTY) LTD App.
KRS Club (PTY) LTD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KRS Club (PTY) LTD in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
22. Representation and Warranties.
You represent and warrant to us that: (1) you are at least 18 years of age (or as otherwise provided in Section 6 above); (2) you are eligible to register and use the KRS Club (PTY) LTD App and have the right, power, and ability to enter into and perform under this Agreement; (3) the name identified by you when you registered is your name or business name; (4) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (5) you will not use the KRS Club (PTY) LTD App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the KRS Club (PTY) LTD App; and (6) your use of the KRS Club (PTY) LTD App will be in compliance with this Agreement.
23. Disclaimer of Warranties and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE KRS CLUB (PTY) LTD APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE KRS CLUB (PTY) LTD APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KRS CLUB (PTY) LTD APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KRS CLUB (PTY) LTD OR THROUGH THE KRS CLUB (PTY) LTD APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KRS CLUB (PTY) LTD, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE KRS CLUB (PTY) LTD APP, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, OR RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE KRS CLUB (PTY) LTD APP, IS ACCURATE, RELIABLE OR CORRECT; THAT THE KRS CLUB (PTY) LTD APP WILL MEET YOUR REQUIREMENTS; THAT THE KRS CLUB (PTY) LTD APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE KRS CLUB (PTY) LTD APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT KRS CLUB (PTY) LTD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE KRS CLUB (PTY) LTD APP’S INOPERABILITY, UNAVAILABLITY OR SECURITY VULBNERABLES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE KRS CLUB (PTY) LTD APP, INCLUIDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE KRS CLUB (PTY) LTD APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE KRS CLUB (PTY) LTD APP, OR THE CONTENT OR SERVICES MADE AVILABLE THROUGH THE KRS CLUB (PTY) LTD APP SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE KRS CLUB (PTY) LTD APP.
KRS CLUB (PTY) LTD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KRS CLUB (PTY) LTD APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KRS CLUB (PTY) LTD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
24. Limitation of Liability and Damages.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRS CLUB (PTY) LTD, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE KRS CLUB (PTY) LTD APP. UNDER NO CIRCUMSTANCES WILL KRS CLUB (PTY) LTD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE KRS CLUB (PTY) LTD APP, YOUR KRS CLUB (PTY) LTD APP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRS CLUB (PTY) LTD, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE KRS CLUB (PTY) LTD APP; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KRS CLUB (PTY) LTD APP; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE KRS CLUB (PTY) LTD APP BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE KRS CLUB (PTY) LTD APP; AND/OR (7) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KRS CLUB (PTY) LTD, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING R5000.
The KRS Club (PTY) LTD App is controlled and operated from facilities in South Africa. KRS Club (PTY) LTD makes no representations that the KRS Club (PTY) LTD App is appropriate or available for use in other locations. Those who access or use the KRS Club (PTY) LTD App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African and local laws and regulations, including but not limited to export and import regulations. You may not use the KRS Club (PTY) LTD App if you are a resident of a country embargoed by South Africa or are a foreign person or entity blocked or denied by the South African government. Unless otherwise explicitly stated, all materials found on the KRS Club (PTY) LTD App are solely directed to individuals, companies, or other entities located in the South Africa
25. Right to Amend.
We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the KRS Club (PTY) LTD App. We will also update the “Last Updated” date at the top of this Agreement. Any use of the KRS Club (PTY) LTD App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the KRS Club (PTY) LTD App, and you can terminate your KRS Club (PTY) LTD App Account by selecting “Delete your account” within the Profile Settings within the KRS Club (PTY) LTD App or by submitting a request to terminate here . It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.
26. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by KRS Club (PTY) LTD without restriction. This Agreement is binding on the parties and their successors and permitted assigns.
27. Third-Party Services and Links.
Through the KRS Club (PTY) LTD App, you may be offered and given access to services, products and promotions provided by third parties and not by KRS Club (PTY) LTD (“Third Party Services”). If you decide to access or use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that KRS Club (PTY) LTD is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The KRS Club (PTY) LTD App may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by KRS Club (PTY) LTD. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.
KRS Club (PTY) LTD expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the KRS Club (PTY) LTD App, is subject to that digital property’s own rules and policies.
28. Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the KRS Club (PTY) LTD App, please contact us support@itensityonline.com . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
29. Electronic Communications.
The communications between you and KRS Club (PTY) LTD use electronic means, whether you visit the KRS Club (PTY) LTD App or send KRS Club (PTY) LTD e-mails, or whether KRS Club (PTY) LTD posts notices on the KRS Club (PTY) LTD App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from KRS Club (PTY) LTD in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KRS Club (PTY) LTD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
30. Release.
You hereby release KRS Club (PTY) LTD and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the KRS Club (PTY) LTD App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the KRS Club (PTY) LTD App. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by KRS Club (PTY) LTD or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the KRS Club (PTY) LTD App.
36. General Provisions.
Except as expressly provided in this Agreement, this Agreement a complete statement of the agreement between you and KRS Club (PTY) LTD, and describes the entire liability of KRS Club (PTY) LTD and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the KRS Club (PTY) LTD App. KRS Club (PTY) LTD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between this Agreement and any other KRS Club (PTY) LTD agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and KRS Club (PTY) LTD. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that KRS Club (PTY) LTD may have under trade secret, copyright, patent, or other laws. KRS Club (PTY) LTD’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.