Terms of Use - Ka-ching Savings

1. Acceptance of Terms

These Terms of Use ("Terms") govern your use of the Ka-ching Savings website and platform located at kachingsavings.co.za ("Platform"), including all content, functionality, and services.

By accessing, browsing, or using our Platform, you:

Accept and agree to be bound by these Terms
Represent that you are at least 13 years of age
Acknowledge that you have read and understood our Privacy Policy
Consent to our collection and use of information as described in our Privacy Policy

If you do not agree, please do not use this Platform.

2. Use License

2.1 Grant of License

Ka-ching Savings grants you a non-exclusive, non-transferable, revocable license to:

Access and view the Platform for personal, non-commercial purposes
Search for grocery prices and specials from South African retailers
Compare pricing and products across stores
Rate and review stores (in accordance with Section 6)

2.2 Restrictions

You agree NOT to:

Reproduce, distribute, or transmit content from our Platform without permission
Modify, translate, or create derivative works based on our Platform
Use automated tools, bots, scrapers, or crawlers to access our data
Reverse-engineer or attempt to discover the source code
Remove or alter copyright, trademark, or proprietary notices
Use our Platform for commercial purposes without written consent
Attempt to gain unauthorized access to our systems or data
Interfere with or disrupt the normal operation of our Platform
Engage in any form of harassment, abuse, or illegal activity
Collect or scrape personal data from our Platform (outside of intended use)

2.3 Suspension of Access

We reserve the right to suspend or terminate your access immediately if you violate these Terms, without notice or liability.

3. User-Generated Content

3.1 Store Reviews & Ratings

You may submit ratings and reviews for stores on our Platform. By submitting content, you:

Represent that the review is truthful and based on your genuine experience
Retain ownership of your content but grant Ka-ching Savings a perpetual, royalty-free license to use, display, and modify it
Waive any right to compensation for use of your review

3.2 Prohibited Review Content

Reviews must NOT contain:

Defamatory, false, or misleading statements
Profanity, hate speech, or offensive language
Personal information about individuals (names, phone numbers, addresses)
Spam, promotional content, or advertising
Links to external websites or malicious content
Content unrelated to the store or shopping experience
Competitor sabotage or fake reviews

3.3 Content Moderation

We reserve the right to:

Review, edit, or remove reviews that violate these Terms
Hide reviews from display without notification
Permanently ban users who submit prohibited content repeatedly
Report illegal content to authorities

3.4 No Endorsement

Reviews and ratings are user-generated and do not represent the views or endorsement of Ka-ching Savings. We are not responsible for the accuracy, legality, or appropriateness of user-generated content.

4. Retailer Information & Disclaimers

4.1 Data Accuracy

Ka-ching Savings aggregates pricing and specials information from retailer sources. However:

We provide information "as is" without warranty of accuracy or completeness
Prices may change without notice due to promotions, stock availability, or retailer updates
Specials may be region-specific or limited to certain store locations
Errors or delays in data updates may occur

4.2 Retailer Liability

Retailers are solely responsible for:

The accuracy and legality of their pricing and promotions
Honoring advertised prices and specials
Product availability and quality
Compliance with consumer protection laws

Ka-ching Savings is NOT a retailer and does NOT sell products. Any transaction disputes must be directed to the retailer directly.

4.3 Third-Party Links

Our Platform may contain links to retailer websites and external services. We are NOT responsible for:

The content, accuracy, or legality of third-party sites
Any loss or damage resulting from use of third-party services
Their privacy practices or terms of use

Your use of third-party sites is at your own risk and governed by their terms.

5. Intellectual Property Rights

5.1 Ka-ching Savings Ownership

Ka-ching Savings and all original content, design, code, and functionality are the exclusive property of Ka-ching Savings or licensed to us. This includes:

Website design and layout
Software and algorithms
Logos, trademarks, and branding (including the "Ka-Ching" name and yellow accent color #FFC83D)
Original written content and documentation
Database compilation and structure

5.2 Retailer Content

Pricing, product descriptions, images, and promotional content are owned by the respective retailers. Ka-ching Savings displays this information for comparative purposes under fair use doctrine and with acknowledgment of retailer ownership.

5.3 Your License Grant

You may:

View content on your personal device
Print single copies for personal use only
Share links to our Platform (not screenshots of data)

5.4 Restricted Uses

You may NOT:

Copy, reproduce, or distribute our original content without permission
Use our branding, logos, or trademarks without written consent
Use our Platform data for commercial purposes (e.g., selling data, creating competing services)
Claim ownership of our content or misrepresent its source

6. Limitation of Liability

6.1 Disclaimer of Warranties

Ka-ching Savings is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied. We specifically disclaim:

Accuracy: Pricing and product information may be incomplete or outdated
Fitness: The Platform may not meet your specific needs
Reliability: The Platform may experience downtime or errors
Title/Non-Infringement: Content displayed may not be free from third-party claims

6.2 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, Ka-ching Savings IS NOT LIABLE FOR:

Any direct, indirect, incidental, or consequential damages
Loss of profits, revenue, data, or business opportunities
Errors, omissions, or inaccuracies in information
Service interruptions or unavailability
Third-party conduct or content
Any harm resulting from your reliance on our Platform

Even if advised of the possibility of such damages.

6.3 Limitation Cap

In no case shall Ka-ching Savings's total liability exceed the greater of: (a) ZAR 100 or (b) the amount you paid us in the past 12 months (if any).

6.4 Consequential Damages

We are NOT liable for lost profits, lost data, business interruption, or any other consequential damages, even if we have been advised of the possibility.

7. Indemnification

You agree to indemnify, defend, and hold harmless Ka-ching Savings, its owners, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

Your violation of these Terms
Your use or misuse of our Platform
Your user-generated content (reviews, ratings)
Your infringement of any intellectual property rights
Your violation of applicable laws

8. Assumption of Risk

You acknowledge and assume all risks associated with:

Purchasing products from retailers based on information from our Platform
Your reliance on pricing, availability, or promotional information
Quality or safety of products purchased
Any disputes with retailers or other users

Ka-ching Savings is a comparison and information tool only, not a marketplace or direct retailer.

9. Availability & Service Interruption

9.1 No Guarantee of Service

While we strive to maintain continuous service, we do NOT guarantee:

Uninterrupted access to our Platform
Error-free operation
Timely updates or maintenance
Availability of all features at all times

9.2 Maintenance & Updates

We may perform maintenance, updates, or improvements to our Platform at any time without notice. We will not be liable for any downtime or data loss resulting from these activities.

9.3 Service Termination

We reserve the right to discontinue or modify our Platform at any time, with or without notice.

10. Prohibited Activities

You agree NOT to engage in any of the following:

Illegal Activity: Violate any applicable laws or regulations
Harassment: Engage in bullying, threats, or abusive behavior toward retailers or other users
Fraud: Submit false, misleading, or deceptive information
Spamming: Post repetitive, unsolicited, or promotional content
Malware: Attempt to upload viruses, malware, or harmful code
Scraping: Use automated tools to extract data from our Platform
Impersonation: Pretend to be another person or entity
Hacking: Attempt unauthorized access to our systems
Privacy Violation: Collect personal data from other users

Violation of these prohibitions may result in immediate account suspension and legal action.

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with Ka-ching Savings, please contact us first at support@kachingsavings.co.za to attempt amicable resolution.

11.2 Jurisdiction & Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

11.3 Venue

You and Ka-ching Savings irrevocably submit to the exclusive jurisdiction of the courts of South Africa for any disputes arising from these Terms or use of our Platform.

11.4 Arbitration (Optional)

Alternatively, either party may initiate binding arbitration through the Arbitration Foundation of Southern Africa (AFSA) before resorting to litigation.

11.5 Class Action Waiver

You agree NOT to participate in class action lawsuits against Ka-ching Savings. All disputes must be resolved individually.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable under South African law, that provision will be severed and the remaining provisions will continue in full force and effect.

13. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Ka-ching Savings regarding your use of our Platform. Any prior understandings, negotiations, or agreements are superseded by these Terms.

14. Amendments

Ka-ching Savings may amend these Terms at any time. The date of the last update will be displayed at the top of this page.

Your continued use of our Platform following any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

15. Contact Information

For questions about these Terms of Use, please contact:

Ka-ching Savings Legal Team
Email: legal@kachingsavings.co.za
Website: kachingsavings.co.za