TERMS AND CONDITIONS

TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES

By accessing or using www.bitkesh.com or any of its related blogs, websites, applications or platforms (collectively, “the Website”), owned by Yolft Technology (reg: [2016/352652/07]) (“Yolft”) or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Yolft terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website remain at all times expressly reserved by Yolft.

Please see Yolft’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

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

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

It is important to note the following:
  1. The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Yolft or its possession.
  2. Not all terms are necessarily defined in order.
  3. These terms were last updated on.
Yolft’s registrations:
  1. Yolft is not a Financial Services Provider and is accordingly not regulated by the South African Financial Services Board nor under the rules of the Financial Advisory and Intermediary Services Act, 37 of 2002 nor the Financial Sector Regulation Act, 9 of 2017.

  1. Yolft Technology provides an online platform providing various services, including but not limited to providing money payment services allowing users to send/receive money to/from other users or non-users in South Africa and Zimbabwe (collectively, the “Services”).
  2. These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from Yolft. Depending on the exact Services used, a user may also need to conclude additional agreements with Yolft, which agreements will contain more specific details relating to the exact Service acquired, including exact services and fees to be expected.
  3. In return for using some of the Services available, the user may have to pay a fee to Yolft or another third party (“Fee”), but the same Fee will be detailed to you on the Website before you incur such a Fee, or in any further Service-specific agreement you may conclude with Yolft or another third party.
  4. In order to use the Services, users must register on the Website using the prompted methods and submit any required information to create a user profile.
  5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Yolft uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
  6. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.

 

  1. For all Services provided, Yolft does not have an employment, agent, intermediary, advisory, representative or broker relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.

  1. In order to make use of the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
  2. Yolft requires you to submit your full name, email address, residential address, and phone number when registering a Profile. Users may then set up additional features of their Profile, depending on the exact Services acquired, as prompted by the Website.
  3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring a password together with your provided email address (or phone number) in order to grant access to your Profile and data. To view or change your personal information provided, you can log into your account on the website and click edit profile via the menu icon. Edit Profile will allow you to change your personal information and further verification will be required when changing email, phone number, identity document or residential address.
  4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
  5. Please see Yolft’ Privacy Policy regarding more details on how Yolft uses and processes your personal information.

  1. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
  2. Your Profile will also indicate all balances available, transaction history, all added beneficiaries, prevailing peer to peer rates and options to reset your pin.
  3. For further and exact information on the various Services currently offered by Yolft, or those specific to you, please consult the relevant FAQ pages on the Website or please contact admin@bitkesh.com who will gladly assist.
  4. In order to send-money you must first credit your wallet, without a positive balance on the app you will not be able to send money out. When sending to Zimbabwe you credit your wallet by depositing into our FNB, ABSA or Standard Bank accounts and when sending to South Africa you cash-out to one of our Ecocash merchant account or one of our bank accounts. It is important to note that FNB to FNB and Standard Bank to Standard Bank transfers may take up to one business day to reflect. Same condition applies when receiving money from Zimbabwe. All clients paying out to South Africa will be required to do so from their own Bitkesh wallets
  5. Merchant Programme: Bitkesh South Africa encourages all users that process transactions of ZAR5000 and above to apply to be a merchant. All users registered as merchants will be able to transact on behalf of individuals at a lower rate than normal users. This rate will be displayed on their homepage. Merchant profiles will be reviewed from time to time, individuals that fail to meet targets will be downgraded back to normal users. Those that do, however, continue performing well will be upgraded and will have more access to company information.
    1. Bitkesh South Africa will provide its merchants with some marketing content, however, the merchant is allowed to produce their own as long as it gives correct, legal information and does not tarnish the company’s brand in any way. The same conditions stipulated in other sections still apply, merchants should make sure they read and understand all clauses stated in this document.
    2. Referral terms: When registering a user can use the promo code “merchant” and enter the referral contact of the merchant that referred them. If a user registers using a merchant’s referral contact their transaction will be processed ta the merchant rate and the difference will be credited to the merchant’s wallet.
    3. Merchants will only receive the difference after referred client transacts, given that the client has entered the correct referral contact and promo code. Should the referred client register to be a merchant this referral structure will not apply. Bitkesh South Africa can change the referral fee at any time without notice. The referral fee you will be entitled to, will be the amount that applies at the time that the referred client transacts.
  6. [Thomas to insert other mandatory TPPP information once Yolft confirms its status on TPPP]

  1. Yolft Technology will process all transactions using the rates displayed on the app. No further charge and/or hidden costs will be incurred by the client:
  2. All amounts stated on the Website or in relation to Services shall include Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. If any such taxes/fees apply to your use of the Services and the Fee charged, same will be indicated to you before you enact any transactions.
  3. You may contact Yolft via email at admin@bitkesh.com to obtain a full record of your transactions with Yolft.

  1. By using the Website and/or the Services, you warrant that:
    1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
    2. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
    3. you are above the age of 18 (eighteen) years old and have the capacity to understand, agree with and be bound with these Terms;
    4. you lawfully possess and submit all information to the Website or Yolft for the use of it or the Services;
    5. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
    6. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
    7. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
    8. you will not use the Website platform for any commercial purpose other than as expressly provided for by Yolft herein;
    9. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
    10. you will not facilitate or assist any third party to do any of the above.
  2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilize the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
  3. Without prejudice to any of Yolft’ other rights (whether at law or otherwise), Yolft reserves the right to deny you access to the Website or the Services where Yolft believes (in its reasonable discretion) that you are in breach of any of these Terms or the terms contained in any Facilitators’ Agreement.
  4. Yolft does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

  1. A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
  2. Yolft may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to Yolft in order for the user to be verified as not infringing any of Yolft’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Yolft reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Yolft. Yolft also reserves the right to share this information with any legal authority when required under applicable laws.
  3. Yolft may restrict user transactions that may violate laws or Yolft’s internal KYC or AML conditions herein and as updated from time to time.
  4. As a minimum, the following rules are applied:
    1. Yolft Technology has three tiers of verification, each tier is marked by the documentation required to be able to transact at that tier.
    2. Tier 1: A user is required to verify an email address, mobile number & provide an identity document such as a passport, drivers licence or identity document. This tier allows the user to transact a monthly maximum of R3000.
    3. Tier 2: A user is required to verify all items listed in Tier 1 and including proof of residence. Acceptable form of proof of residence, are documents such as service bills and bank statements. The name on the statement or bill should match the Profile of the user on the website. This tier allows a user to transact a monthly maximum of R15000.
    4. Tier 3: A user is required to verify all items listed in Tier 1&2, and including a proof of income. Accepted proof of income documents are only payslips. This tier allows a user to transact a monthly maximum of R400000.

  1. Data messages, including email messages, sent by you to Yolft will be considered to be received only when acknowledged or responded to.
  2. Data messages sent by Yolft to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
  3. Yolft reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Yolft is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Yolft to a user, between users or from a user to Yolft.

  1. The Website may include links to other internet sites ("the other sites"). Yolft does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
  2. Yolft does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to admin@bitkesh.com to request the removal of such content.
  3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.

  1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
  2. Yolft, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

  1. All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trade marks, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Website and Yolft in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Yolft, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Yolft first being granted, which consent may be refused at the discretion of Yolft. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Yolft and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
  3. Yolft reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
  4. Where any of the Website intellectual property has been licensed to Yolft or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  5. Subject to adherence to the Terms, Yolft grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Yolft.
  6. Any enquiries regarding any of the above relating to intellectual property must be directed to Yolft at admin@yolft.com.

  1. We respect your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to register with or function as a user on the Website or for the Services, Yolft may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
    1. Information provided by the user: Yolft collects personal information (that is information about the user that is personally identifiable such as the user’s name, physical/email address, age, geolocation, gender, e-mail address, phone number(s) and other unique information such as login details and passwords, banking/accounting information, product and service preferences and contact preferences that are not otherwise publicly available); and
    2. Information that is collected automatically: Yolft receives and stores information which is transmitted automatically from the user’s device when the user browses the internet or uses the Website. This information includes information from cookies (which are described in clause 12.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Yolft is however under no obligation to ensure that your personal information or other information supplied by you is correct.
  4. You warrant that the personal information disclosed to Yolft or the Website is directly from you as the user of the Website or in connection to the Services.
  5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or the Services, and you have hereby expressly consented and opted-in to this, but Yolft will not, without your express consent,
    1. use your personal information for any purpose other than as set out below:
      1. to make the Services and/or Website available to you as requested by your contractual engagement with Yolft;
      2. to contact you regarding current or new information, products or services or any other service offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through the correspondence sent to you);
      3. to inform you of new features, special offers and promotional competitions offered by Yolft or any of Yolft’s divisions and/or partners (unless you have opted out from receiving marketing material from Yolft, possible through the correspondence sent to you); and
      4. to improve our Services selection and your experience on the Website by, for example, monitoring your browsing habits, or tracking your transactions on the Website; or
    2. disclose your personal information to any third party other than as set out below:
      1. to our employees and/or third-party service providers who assist Yolft to interact with you via our Websites, e-mail or any other method, for the affecting of their services, and thus need to know your personal information in order to assist Yolft to communicate with you properly and efficiently;
      2. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for the purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from Yolft, possible through same correspondence with Yolft);
      3. to law enforcement, government officials, fraud detection agencies or other third parties when Yolft believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of any applicable law, or to investigate violations of these Terms; and
      4. to our service providers (under contract with Yolft) who help with parts of our business operations (such as payment gateway services, fraud prevention, marketing, technology services). However, Yolft’s contracts dictate that these service providers may only use your information in connection with the services they perform for Yolft, not for their own benefit and under the same standards as to how Yolft operates.
  7. Yolft is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, the order of a court or legal process served on it, or to protect and defend its rights or property. In the event of a fraudulent online payment or online criminal behavior, Yolft is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  8. Yolft will ensure that all of its employees, service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Yolft in relation to your personal information.
  9. Yolft will:
    1. treat your personal information as strictly confidential, save where Yolft is entitled to share it as set out in this policy;
    2. take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with reasonable access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which Yolft is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
  10. Yolft will not retain your personal information for longer than the period for which it was originally needed unless it is required by law to do so. Yolft may also retain your personal information for historical, statistical or research purposes as it has established appropriate safeguards against the personal information being used for any other purpose. You are also hereby expressly consenting to this further retention.
  11. Yolft undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
  12. Whilst Yolft will do all things reasonably necessary to protect your rights of privacy, Yolft cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
  13. If you disclose your personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than Yolft, Yolft shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to any third party. This is because Yolft does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  14. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. Cookies are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on the Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website and/or Services will, therefore, be limited. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms.
  15. You are entitled to request access to any of your relevant personal data held by Yolft and where such access is necessary for you to exercise and/or protect any of your rights. For any personal data held by any third party, the user must approach that party for the realization of the user’s personal data rights with them, and not with Yolft, but Yolft will assist you wherever possible.
  16. Users with citizenships from jurisdictions other than South Africa, please note that Yolft complies with all South African data protection laws when processing your personal information pursuant to the Services and use of the Website, as we are a South African company operating for the South African market and our focus and main business concern is not the processing of personal information. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact Yolft at admin@bitkesh.com to engage you on its application and your rights.
  17. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Yolft.

  1. The Website and Services, including any intellectual property appearing therein, are provided "as is" and "as available". Yolft makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained in it.
  2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Yolft. While Yolft makes every reasonable effort to present such information accurately and reliably on the Website, Yolft does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
  3. Yolft, its members, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user.
  4. Yolft, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
  5. Yolft takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Yolft does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

  1. The user indemnifies and holds harmless Yolft, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website and/or Services offered or concluded through the Website in any way.
  2. The user agrees to indemnify, defend and hold Yolft harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
  3. This clause 14 will survive the termination of this agreement.

  1. Site owner: Yolft Technology Pvt Ltd]
  2. Legal status: Private Company
  3. Registration number: 2016/352652/07
  4. Directors: Trust Jakarasi, Lawrence Macheka, General Rukanda, and Reginald Tsvetu
  5. Description of main business: Peer to Peer money transfers
  6. Telephone number: +27 100052313
  7. Email address: admin@yolft.com
  8. Website address: www.bitkesh.com
  9. Physical Address: 9th floor, 5th on Atrium, 83 Rivonia Road Sandhurst, 2196. Johannesburg
  10. Postal address: 9th floor, 5th on Atrium, 83 Rivonia Road Sandhurst, 2196. Johannesburg
  11. Registered address: 9th floor, 5th on Atrium, 83 Rivonia Road Sandhurst, 2196. Johannesburg

  1. The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
  2. Should any dispute, disagreement or claim arise between a user and Yolft concerning the use of the Website or the Services, these parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
  3. Should these parties fail to resolve such dispute in an aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
  4. If the dispute is still not resolved after such mediation, the parties will commence and be a party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Yolft. Arbitration proceedings shall be conducted in Johannesburg in English.
  5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
  6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or another public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

 

  1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, YOLFT RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT YOLFT GIVES REASONABLE NOTICE TO YOU.
  2. If you wish to terminate the agreement with Yolft, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website. Such deregistration from the Website will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which Yolft has with you at the time of said termination with the Website.
  3. In the event of cancellation of your agreement with the Terms and with Yolft, Yolft will remove you from the Website, delete your Profile and contact an administrator by emailing admin@bitkesh.com to reverse any funds in your wallet.

  1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
    1. in the case of Yolft, at the address listed in 15.10 or
    2. in the case of the user, at the e-mail and addresses provided by the user to Yolft in the registration process and/or in their Profile.
  2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
  3. Notwithstanding the above, any notice is given in writing in English and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

 

  1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, the variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorized representatives.
  2. No indulgence, leniency or extension of time granted by Yolft shall constitute a waiver of any of Yolft’ rights under these Terms and, accordingly, Yolft shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
  3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
  4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
  5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of
  6. Should you have any complaints or queries, kindly address an email to Yolft at of same.
  7. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Yolft in relation to the payment failure or breach.
  8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
  9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.8.