TERMS AND CONDITIONS OF USE
Welcome to Hola Kids.
Hola Kids provides services via use of the Hola Kids website and web application (App) to assist parents or guardians of children (Parents) in comparing the services of Pre-Schools and Child Care Centres (Child Care Providers) before enrolling children at Pre-Schools and Child Care Centres (Child Care Providers).
USER AGREEMENT
Please read this agreement carefully before accessing or using this service. This agreement sets out the terms and conditions under which you may use the website HolaKids.co.za. By accessing or using this service, you agree to be bound by the terms and conditions below. Hola Kids Pty Ltd may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions as your continued use of this Website following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement:
(a) ‘Child Care Provider’ includes creches, pre-schools, kindergartens, family day care, occasional care centres, before and/or after school care, vacation care and long day care centres.
(b) ‘Material’ means ‘ texts, graphics, images, photos, video, html codes and ‘other material Parent’ includes guardian and stepparent.
(c) ‘Website’ means HolaKids.co.za.
(d) ‘You’ and ‘User’ means any individual or entity accessing this Website for any reason.
1.2. In this Agreement, unless the context otherwise requires:
(a) reference to a person includes any other entity recognised by law and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing one gender include every gender;
(d) any reference to any of the parties by the defined terms include that parties’ executors, administrators or permitted assigns or being a company its successors or permitted assigns;
(e) references to currency are in South African Rand;
(f) headings are for convenience only and do not affect interpretation.
2. ELIGIBILITY AND REGISTRATION
2.1 In order to use the Hola Kids service you must have completed the App registration. You will be responsible for all activities occurring under your username. We may refuse to grant you registration if a username impersonates someone else.
The App is a free service for Parents. Users of Hola Kids must be 18 years of age or older.
3. PASSWORD AND LOGIN
3.1. When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any and all activities that occur under your login name.
3.2. You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on HolaKids.co.za.
3.3. You agree to immediately notify Hola Kids Pty Ltd of any unauthorised use of your login name or any other breach of security known to you.
4. VENUE ONLY
4.1. HolaKids.co.za is a venue only and acts as a communications platform for enabling the connection between Parents seeking child care services with Child Care Providers. Hola Kids Pty Ltd does not screen or censor the listings offered. Hola Kids Pty Ltd is not involved in the actual transaction between Parents and Child Care Providers. All users including Parents, Child Care Providers and Carers do hereby represent, understand and expressly agree that Hola Kids Pty Ltd does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Child Care Providers nor the integrity, or responsibility for any of the actions whatsoever of the Parents.
4.2. This Website provides a listing of Child Care Providers located throughout South Africa. We do not represent that this Website provides a complete list of Child Care Providers in a particular area although Child Care Providers are welcome to list themselves on the Website free of charge. This listing is a free information service for our Users only and these Child Care Providers have not been screened or endorsed by Hola Kids Pty Ltd. Vacancy information is provided by Child Care Providers on a voluntary and self-service basis. In addition, our Website enables Parents to join the waiting list for some of these Child Care Providers. You should make your own enquiries before completing the waitlist application or using the services of any of the Child Care Providers listed on the Website, as Hola Kids Pty Ltd makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide. Hola Kids Pty Ltd has no influence over or any means of ensuring that Child Care Providers consider Vacancy Alerts and Waitlists provided through the Website in allocating any available places at their service, and Parents should contact the relevant Child Care Providers directly to ensure their position on any Waitlist. Whilst Vacancy Alert is a tool offered to Parents to assist in their child care search, it should not be relied upon as a Parent’s sole avenue of locating available child care.
4.3 Appropriate Conduct and Content for Use and Risks
You must not use the Hola Kids service or App for any illegal or unauthorised purpose, as determined by us in our sole discretion. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Hola Kids service will violate or infringe upon the rights of any third party, including copyright, trade mark, privacy, publicity, or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material or material that is or may be damaging to another party.
Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from South Africa.
You are solely responsible for your conduct and any data, text, information, photos, links and other content (Materials) that you submit, post, and display on the Hola Kids service or the App. You may not post, transmit to or share with other users any Materials that you did not create or that you do not have permission to post. You are solely responsible for the security processes and password protection of the electronic devices you utilise to use the App.
We do not pre-screen or approve Hola Kids profiles or other Materials which might be submitted, posted or displayed. We are not responsible for the content of any Material posted on the Hola Kids services or App. You may be liable to a third party as a result of any Material posted on the Hola Kids services or App.
You should be careful before providing any personal information to another user of Hola Kids, Child Care Centres or posting such information online.
In the event we are advised of Inappropriate Material (as defined below) posted on Hola Kids we retain the right to, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, offensive, objectionable or otherwise unauthorised, as determined by us in our sole discretion, or which infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service and Use (Inappropriate Material), as determined by us in our sole discretion.
If you believe that Inappropriate Material has been posted on Hola Kids, please notify Hola Kids by email to help@HolaKids.co.za
If Material is posted by you that we determine, in our sole discretion, may be considered to be objectionable, unauthorised or Inappropriate Material, then we may remove that Inappropriate Material without your consent and with or without notice to you.
Hola Kids prohibits such conduct and content on its site or App and may restrict or terminate your registration of Hola Kids if you are found to have undertaken such conduct or posted Inappropriate Material.
However, you understand and agree that you may be exposed to such conduct and content and that you use the Hola Kids service at your own risk.
4.4 External Links – Access to any website that may be reached via the hyperlinks on the Hola Kids website or App is subject to any notices, including copyright notices, which may appear through the linked site.
Accessing a site via Hola Kids does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Hola Kids as to the accuracy, completeness, copyright status, security or currency of information contained on that site. You acknowledge and represent that you accept that you will not hold Hola Kids liable for any loss, costs damages or other expenses incurred as a result of such access and the use of any information contained on a site accessed via Hola Kids.
5. NO REPRESENTATIONS OR WARRANTIES
You are aware that the information contained on the Hola Kids service and App:
- is presented as a summary and is not to be considered complete;
- is provided subject to the disclaimer and limitation of liability contained in these Terms of Service and Use; and
- is subject to information provided by third party’s including Child Care Providers.
5.1. Hola Kids Pty Ltd provides a referral service only and background reference checks or investigations related to the service to be provided by the Child Care Providers are the sole responsibility of the Parent.
5.2. Further, Hola Kids Pty Ltd makes no representations or warranties as to the online availability of its website and database. Hola Kids Pty Ltd will not be responsible in any way for the availability of the website services and information.
5.4. Hola Kids Pty Ltd will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of Hola Kids Pty Ltd as inappropriate by a User.
5.5. Information published by Hola Kids Pty Ltd on the website is intended to provide general information only. Hola Kids Pty Ltd does not warrant the accuracy, reliability, currency, or completeness of such information. You agree that Hola Kids Pty Ltd will not be liable to You or anyone else for any loss resulting from any decision made or action taken by you or anyone else in reliance upon any information or material posted on this Website.
You acknowledge and represent that Hola Kids has no control over users of the Hola Kids services or App, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including to the provision or posting of any information, materials or advice, on the Hola Kids App or provided directly to users, by any means, or for any statements which are or may be, defamatory or otherwise offensive.
To the maximum extent permitted by law, Hola Kids disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Hola Kids service. To the maximum extent permitted by law, Hola Kids disclaims any and all responsibility and liability for the conduct of any Hola Kids member.
You are aware that your use of the Hola Kids service is entirely at your own risk.
5.6 Hola Kids does not exclude any such rights and remedies, but do exclude all other conditions and warranties specified or implied by custom, law or statute.
6. FEES PAYABLE TO HOLA KIDS PTY LTD
Parents do not pay to use search services and use the website services free of charge.
6.1. Fees payable to Hola Kids Pty Ltd are payable Child Care Providers on a pre-paid basis monthly in advance.
6.2. Hola Kids Pty Ltd subscription services are for a fixed term and:
(a) unless otherwise specified, payable on a pre-paid basis; and
(b) are not transferable or refundable.
6.3. Without limiting our other rights and remedies at law, in the event of late or non-payment, Hola Kids Pty Ltd may:
(a) suspend or remove your subscription to the Website;
(b) suspend or cancel the Services being supplied;
(c) charge you for any legal, agency, and/or court fees associated with collection of amounts overdue and/or
(d) terminate this Agreement.
7. RISK
7.1. It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through Hola Kids Pty Ltd.
7.2. All Users including both parents and Child Care Providers agree not to hold Hola Kids Pty Ltd (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the HolaKids.co.za Website and releases Hola Kids Pty Ltd from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
8. RELEASE FROM LIABILITY
8.1 You must hold harmless and indemnify Hola Kids from and against any third party claim arising from or in any way related to your use of the Hola Kids service, including any liability or expense arising from all claims, losses, damages (actual and consequential), legal proceedings, judgments, litigation costs and lawyers’ fees, of every kind and nature.
8.2. To the extent permitted by law, the Parent covenants and agrees to release Hola Kids Pty Ltd, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against Hola Kids Pty Ltd in respect of, arising out of or resulting from the provision of any services to the Client by Child Care Providers from any other cause relating thereto, including but not limited to, the negligent acts of the Child Care Providers.
8.3. Users acknowledge that under no circumstances shall Hola Kids Pty Ltd be liable for the Child Care Provider’s fees.
8.4. Hola Kids Pty Ltd is not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted, or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted, or otherwise made Material available on the Website simply by facilitating others to upload, post, transmit or otherwise make Material available.
8.5. To the extent permitted by law, Hola Kids Pty Ltd excludes all liability relating to your use of the Website or our products and services. To the extent that our liability cannot be excluded by law, our liability will be limited, at our option to the re-supply of our products or services, or the amount(s) paid by You (if any) for our products and services. In no circumstances will Hola Kids Pty Ltd be liable to Users for any indirect, incidental, special, and/or consequential losses or damages (including loss of profits, goodwill, data, or opportunity).
9. PRIVACY
We care about the privacy of people who use Hola Kids. Our collection and use of personal information is governed by the Hola Kids Privacy Policy.
Hola Kids may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Hola Kids, its affiliates or the public.
In agreeing to the Terms of Service and Use you expressly authorise Hola Kids, at Hola Kids sole discretion and subject to any law, to sell, assign, licence or otherwise transfer your personal information and any other information which you have provided to Hola Kids as part of your registration including to the Child Care Centre.
9.1. Personal information is information or an opinion that identifies an individual or allows their identity to be readily determined from the information. It includes information such as a person’s name, address, financial information, marital status, or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
9.2. You consent to allow Hola Kids Pty Ltd to collect personal information about you, including information that is considered to be sensitive, so as to permit Hola Kids Pty Ltd to carry out its services and activities.
9.3. Hola Kids Pty Ltd may use Application Programming Interface (API) software to send parent enquiries, request to tour, waitlists and vacancy alert registrations to CRM systems managed by Child Care Providers in order for those systems to manage the enquiry/request to tour, waitlist or vacancy alert request. The API software may be the property of Hola Kids Pty Ltd or a third party. You consent to the transmission of your information, including personal information in this way.
9.4. Users who are Child Care Providers undertake that they will only collect, hold, use and disclose personal information obtained through the Website or an API from leads generated by Parents submitting enquiries, for the sole purpose of contacting the person in connection with their enquiry.
9.5. Please refer to our privacy policy for information about our collection, use and disclosure of personal information. The terms of our privacy policy form part of this agreement.
9.6 Comparative Information
As part of the services Hola Kids provides we may pool the information Parents and Child Care Centres provide to Hola Kids (Comparative Information) and use that information in a de-identifying manner which complies with the South African privacy laws.
The Comparative Information will be general information about the operations of users of Hola Kids services, including from the App. The Comparative information Hola Kids gathers and which Hola Kids may publish will not refer to, or be identifiable to, any particular user of Hola Kids services.
Parent’s grant a non-exclusive, royalty-free license to Hola Kids to use the Comparative Information for any such other purposes as Hola Kids deems necessary provided use of the Comparative Information conforms with South African privacy laws and all other applicable laws.
10. SECURITY
9.1. Hola Kids Pty Ltd takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by Hola Kids Pty Ltd. However, Hola Kids Pty Ltd will not be held responsible for any loss that may arise from unauthorised access to your personal information.
10.2 Security Policies, Fraud and Viruses
Hola Kids takes security seriously and specific steps we take to ensure your security include:
Our IT servers are carefully managed by third party IT service suppliers who understand security. We regularly check all code and systems for vulnerabilities.
You should always be aware of the potential for fraud and theft on the internet.
We use email and SMS to communicate with you. Email and SMS may appear to be from a Hola Kids email address or phone number but this can be forged. If you are ever in doubt, please contact us at the following email address: Help@HolaKids.co.za.
Our IT service suppliers maintain anti-virus and security systems to ensure that we do not send viruses by email. However, you may receive virus emails that pretend to be from us (or indeed from anyone you know). Therefore, never open an email or click on any attachment unless (a) you are expecting it and from the legitimate content of the email know what it is; and (b) the attachment is of a ‘safe’ type of such as .pdf.
10.3. Advertisers on HolaKids.co.za have been asked to comply with South African Privacy Principles with regard to their information handling practices. However, the use of any information given to advertisers is not within the control of Hola Kids Pty Ltd and we cannot accept responsibility for the conduct of these Advertisers.
10.4. This Website also contains links to other sites. Hola Kids Pty Ltd is not responsible for the privacy practices or the content of such third-party websites.
10.5. Hola Kids Pty Ltd exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on HolaKids.co.za. Hola Kids Pty Ltd accepts no liability that may arise should any other individuals obtain the information you submit to this Website.
11. ADVERTISERS AND THIRD PARTIES
11.1. Third Party services and products either:
(a) linked to this Website; and/or
(b) advertised on this Website are the responsibility of the third party and their inclusion on this website does not imply endorsement by Hola Kids Pty Ltd.
11.2. Hola Kids Pty Ltd is not responsible for the content of Third-Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third-Party websites or advertisements. Hola Kids Pty Ltd will not be liable for any damages or loss arising in any way out of or in connection with any information or third-party service provided.
12. COPYRIGHT AND INTELLECTUAL PROPERTY
12.1. All information, text, material, graphics, images, software and advertisements on this web site or App are copyright to Hola Kids unless indicated otherwise. The materials are protected by South African and international copyright and trade mark laws.
You may not sell or modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, reverse engineer or otherwise deal with in any way, the material on the Hola Kids website or App except as may be expressly provided for in these Terms of Service and Use. Your copyright ownership is limited to the content you upload, which may include audio or visual or other copyright material. The copyright of any posted materials remains with the owner of the posted materials. Ownership of copyright does not change hands.
You may, subject to specific restrictions set out in these Terms of Service and Use, download material from Hola Kids services or the App solely for your personal, non-commercial use. In doing so you must not change or delete any proprietary notices from any material downloaded from the site.
13. NO GUARANTEES AS TO SERVICE
13.1. Hola Kids Pty Ltd does not warrant that the Website will operate error-free or that the website and its server are free of computer viruses or other harmful mechanisms. Hola Kids Pty Ltd will not be responsible if your use of the Website or of the Material results in the need for servicing or replacing of equipment or data. You must take your own precautions to ensure that your access to this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
14. WEBSITE USAGE
14.1. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
(a) accessing data not intended for such User;
(b) logging into a server or account which the User is unauthorised to access;
(c) attempting to test the vulnerability of a system or network or to breach authentication processes;
(d) attempting to interfere with a service to any user, host or network by submitting a virus to the Website, ‘spamming’ overloading, ‘crashing’ or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;
(e) Sending unsolicited e-mail or correspondence, including advertising or promotional material; or
(f) Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
14.2. Users may not use the Website in order to post, transmit, distribute, store, or destroy material:
(a) in violation of any applicable law or regulation;
(b) in a manner which will infringe the copyright, trademark, or other intellectual property rights of others;
(c) which violates the privacy, publicity, or other personal rights of others;
(d) that is defamatory, obscene, threatening, abusive, hateful, or embarrassing to another User or any other person or entity; including, without limitation Child Care Services;
(e) which comprises a chain letter or pyramid scheme;
(f) which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing, or destroying the relevant material;
(g) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(h) which may be likely to deceive any person;
(i) which may infringe any copyright, or any intellectual property rights of any person;
(j) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
15. RATINGS AND REVIEWS
15.1. Hola Kids Pty Ltd values user feedback, and encourages parents to post testimonials, ratings, and reviews on the Website about their experiences. You acknowledge and agree that:
(a) The testimonials, reviews and ratings are a means of public and not private communication;
(b) In order for a Parent rating or review to be considered for publication you must have:
(i) a child attending or has had a child attend the applicable Child Care Provider’s centre at some time over the 12 months prior to submitting the rating/review;
(ii) not submitted a rating/review previously about your Child Care Provider;
(iii) read and agree to our Terms & Conditions and our Privacy Policy and
(iv) agree to a copy of the rating/review being provided to the Child Care Provider.
(c) Any reviews posted must be factually true, and must be your genuine opinion based on actual first-hand experience;
(d) You will not post a testimonial, review, or rating if you have been offered or received a monetary or non-monetary reward or any other form of compensation for submitting a review;
(e) You take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Website;
(f) You understand and agree that the review you submit may be subject to the Child Care Provider confirming you have a child currently attending, or who has attended the centre in the last 12 months, and that if the Child Care Provider flags the review as malicious or inappropriate it will not be published;
(g) Hola Kids Pty Ltd does not endorse any comments, opinions or reviews made by anyone on this Website, and we do not review their accuracy or content, but we can, in its absolute discretion edit, refuse to post, withdraw or remove testimonials, ratings or reviews from the Website it deems inappropriate, objectionable or otherwise in breach of this agreement;
(h) Hola Kids Pty Ltd does not take any responsibility for mediating between parties who disagree with review and ratings and we encourage both parties to contact each other directly to discuss and resolve any issues.
15.2. Hola Kids Pty Ltd can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and services) that you submit to the Website or by email to HolaKids.co.za.
15.3. You shall indemnify to HolaKids.co.za against all damages, losses and expenses incurred to HolaKids.co.za arising as a result of any material posted, submitted, or linked to our Website by You and subsequently published.
15.4. Hola Kids Pty Ltd does not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings, or reviews posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
15.5. Hola Kids Pty Ltd reserves the right to remove Users from the Website for defamatory, obscene, threatening, abusive, hateful, or embarrassing actions or behaviour.
16. CHILD CARE PROVIDERS
16.1. Child Care Providers, by signing up to our Services, and by uploading, or otherwise making available Material to Hola Kids Pty Ltd for the publishing or uploading to the Website:
(a) To the extent that any Material is proprietary in nature, grant to Hola Kids Pty Ltd a non-exclusive, worldwide, royalty-free, perpetual, transferrable and irrevocable licence to use, reproduce, edit, modify, adapt, publish and prepare derivative works from and otherwise deal with the Material in any form and for any purpose; and
(b) You also grant each User of the Website the right to use, reproduce, edit, modify, adapt, publish and prepare derivative works from and otherwise deal with the Material in any form as permitted by the terms of this Agreement.
(c) Warrant that the Material does not infringe the intellectual property rights of any third party.
(d) Unconditionally waive rights (as defined by the Copyright Act 1978) which you may have in respect of the Material.
(e) Give permission to Hola Kids Pty Ltd to make available the Material and also the name, address, and contact details for the Child Care Provider for publication on third party websites (for example in a list of Child Care Providers in a particular locality).
(f) Acknowledge that Hola Kids Pty Ltd may remove or alter any or all of the Material in its sole discretion without prior notice to you.
(g) Except in relation to any of your Material uploaded to the Website, you do not have any right, title or interest in or relating to our Website and you may not use any Material on our Website in any publication without giving due acknowledgment and credit to Hola Kids Pty Ltd.
16.2. Hola Kids Pty Ltd lead generation service does not guarantee any minimum number of leads will be generated for Child Care Providers, nor do we guarantee to Child Care Providers that the lead will convert to a place/enrolment at your service.
16.3. Agencies and Child Care Providers shall be responsible for keeping their listings (including vacancy and fee information) current and up to date on the Website. You shall indemnify Hola Kids Pty Ltd against all damages, losses and expenses incurred to Hola Kids Pty Ltd arising as a result of any material posted, submitted, or linked to our Website by You and subsequently published.
17. TERMINATION
17.1. We may terminate this agreement, or the subscription services provided to you without cause by giving you at least 30 days’ notice. Without limiting our other rights, we may immediately terminate or suspend in part or entirely this agreement or your services if:
(a) You fail to pay any fees or charges due to us within 30 days after the due date;
(b) Any of your warranties, representations or undertakings in agreement are incorrect; or;
(c) You are in material breach of your obligations under this agreement;
(d) You are in breach of this Agreement whether or not the breach is material, and fail to rectify the breach within 7 days of us giving you written notice of the breach and requiring that it be remedied;
(e) In the event that we exercise our right to terminate or suspend this Agreement pursuant to THIS agreement, you will remain liable for any Fees until the date of termination.
18. GENERAL PROVISIONS
18.1. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties regarding the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
18.2. The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
18.3. The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
18.4. This Agreement shall be governed by the laws of South Africa.
19. MISCELLANEOUS
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service and Use to be unenforceable, the remainder of the Terms of Service and Use will continue in full force and effect.
You must not assign these Terms of Service and Use or assign any rights or delegate any obligations under these Terms of Service and Use, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances may you hold Hola Kids liable for any delay or failure in performance of the Hola Kids service or App.
These Terms of Service and Use constitute the entire agreement between you and Hola Kids and you expressly represent that you do not rely on any prior or contemporaneous understanding, representation or agreement.
Any waiver of any provision of the Terms of Service and Use by a party will be effective only if in writing and signed by a party.
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(Version: September 2022)