Terms of service

Governing the Use of the Website, Digital Communications and Engagement Channels of Kora Consulting (Pty) Ltd

Preamble

These Terms of Use "Terms" constitute a legally binding agreement between Kora Consulting (Pty) Ltd Registration No. K2025980746, a private company duly incorporated under the laws of the Republic of South Africa ("Kora Consulting", “the Company", "we", "us", or "our", and any person who accesses, browses, uses, or otherwise interacts with the Company's website at www.koraconsulting.co.za including all subdomains and associated pages and any other digital or communications channel operated by or on behalf of the Company collectively, "the Platform".

These Terms are published in compliance with, and give effect to, the provisions of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, the Promotion of Access to Information Act 2 of 2000 ("PAIA"), and all other applicable South African legislation.

BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE PLATFORM. CONTINUED USE OF THE PLATFORM FOLLOWING THE PUBLICATION OF AMENDED TERMS CONSTITUTES ACCEPTANCE OF THE AMENDED TERMS.

1. Definitions

1.1 In these Terms, unless the context indicates otherwise, the following terms shall bear the meanings assigned to them:

· “Company" - Kora Consulting (Pty) Ltd Registration No. K2025980746;

· “Confidential Information" - any information, whether written or oral, that is designated as confidential or that ought reasonably to be understood as confidential in the circumstances of its disclosure, including but not limited to proposals, pricing, client lists, methodologies, research outputs, engagement briefs, and financial information;

· “Content” - all text, graphics, images, data, software, audio, video, information, materials, and other content available on or through the Platform",

· "ECTA" - the Electronic Communications and Transactions Act 25 of 2002, as amended

· "Engagement Agreement" - a written agreement concluded between the Company and a client for the provision of professional consulting services";

· "Intellectual Property" - all patents, trade marks, service marks, registered designs, applications for any of the above, copyright including copyright in computer software, database rights, unregistered trade marks and design rights, know-how, trade secrets, and all other intellectual property rights subsisting in any territory;

· "Platform" - he Company's website at www.koraconsulting.co.za and all subdomains, pages, digital platforms, email communications, social media channels, and other digital engagement channels operated by or on behalf of the Company;

· "User", "any natural or juristic person who accesses, browses, or otherwise uses the Platform",

· “You / Your" - the User.

1.2 The interpretation rules set out in section 1.2 of the Company's Privacy Policy apply mutatis mutandis to these Terms.

2. Company Info

2.1 In accordance with section 43 of ECTA, the following information is provided:

· Full Legal Name: Kora Consulting (Pty) Ltd

· Registration Number: K2025980746

· Type of Entity: Private Company incorporated under the Companies Act 71 of 2008

· Website: www.koraconsulting.co.za

· General Email: info@koraconsulting.co.za],

2.2 The Company is duly incorporated and operates in accordance with the laws of the Republic of South Africa. The Company is registered with the Information Regulator of South Africa in terms of POPIA.

3. Access and Use

3.1 Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for lawful purposes only and in accordance with these Terms.

3.2 You represent and warrant that:

· You have the legal capacity and authority to enter into these Terms;

· If you are accessing the Platform on behalf of a juristic person, you have the authority to bind that juristic person to these Terms;

· Your use of the Platform will comply with all applicable laws, regulations, and these Terms;",

· "You will not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform.",

3.3 PROHIBITED CONDUCT

You are expressly prohibited from using the Platform to:

Engage in any activity that is unlawful, fraudulent, harmful, or in contravention of applicable South African law;

· Transmit, upload, or distribute any unsolicited commercial communications, spam, phishing messages, or any other communications that are deceptive or harmful;

· Attempt to gain unauthorised access to any portion of the Platform, the Company's information systems, networks, databases, or accounts;

· Harvest, scrape, extract, copy, republish, or systematically collect any Content from the Platform without the Company's prior written consent;

· Introduce, upload, or transmit any malware, virus, Trojan horse, worm, spyware, ransomware, or any other malicious or harmful code or software;

· Impersonate the Company, any of its directors, team members, representatives, or any other person or entity;

· Use the Company's name, logo, trade marks, branding, or intellectual property in any manner not expressly authorised in writing by the Company;

· Engage in any conduct that could constitute harassment, defamation, or an invasion of privacy in respect of any person;

· Circumvent, disable, or interfere with any security feature of the Platform, including features that prevent or restrict the use or copying of any Content;

· Use any automated means, including robots, spiders, or scrapers, to access, monitor, or copy any Content from the Platform;

· Frame or mirror any portion of the Platform without the prior written consent of the Company;

· Violate any applicable law or regulation, including without limitation any intellectual property, privacy, or data protection law.

3.4 The Company reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to the Platform at any time and without notice, including where it has reason to believe that you have breached any provision of these Terms.

4. Intellectual Property

4.1 All Content on or accessible through the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, capability statements, proposal templates, research methodologies, strategic frameworks, pitch decks, and all other materials, constitutes the exclusive intellectual property of Kora Consulting (Pty) Ltd or is licensed to the Company by third parties, and is protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and all other applicable intellectual property legislation of the Republic of South Africa and international treaty obligations.

4.2 The Company's name, trade mark, and logo "Kora Consulting" and the associated branding are the property of the Company and may not be used without the prior written consent of the Company. Nothing in these Terms shall be construed as granting any licence or right to use any trade mark of the Company.

4.3 You are expressly prohibited from:

· Reproducing, copying, distributing, republishing, downloading, displaying, posting, transmitting, or otherwise exploiting any Content, in any form or by any means, without the prior written consent of the Company;

· Modifying, adapting, translating, reverse-engineering, disassembling, or creating derivative works from any Content;

· Using any Content for any commercial purpose or for any public display, whether commercial or non-commercial;

· Removing any copyright, trade mark, or other proprietary rights notice from any Content.",

4.5 Client Deliverables

The ownership of intellectual property in deliverables produced by the Company pursuant to a concluded Engagement Agreement shall be governed exclusively by the terms of that Engagement Agreement. In the absence of a specific provision in an Engagement Agreement, all intellectual property in all deliverables including reports, analyses, frameworks, models, and strategies shall vest in and remain the property of Kora Consulting (Pty) Ltd, and the client shall be granted a non-exclusive, non-transferable licence to use such deliverables solely for the purpose for which they were commissioned.

4.6 Any infringement of the Company's intellectual property rights shall entitle the Company to seek all available legal remedies, including urgent interdictory relief, an award of damages, and an account of profits, in addition to any other remedies available at law or in equity.

5. Confidentiality

5.1 All proposals, engagement briefs, fee schedules, methodologies, research outputs, strategic frameworks, client lists, financial projections, and any other materials or information shared by the Company with you in the course of a prospective, active, or concluded engagement "Confidential Information" are disclosed on a strictly confidential basis.

5.2 By receiving, accessing, or reviewing any Confidential Information, you irrevocably undertake:

· To hold all Confidential Information in strict confidence and not to disclose it to any third party without the prior written consent of the Company;

· To use Confidential Information solely for the purpose for which it was disclosed and for no other purpose;

· To take all reasonably practicable steps to protect Confidential Information from unauthorised access, disclosure, or use;

· To promptly notify the Company upon becoming aware of any unauthorised access to or disclosure of Confidential Information;

· To return or, at the Company's election, securely destroy all materials containing Confidential Information upon the Company's request or upon the conclusion of the relevant engagement process.

5.3 The obligations of confidentiality in this section shall:

· Apply regardless of whether a formal non-disclosure agreement has been concluded between the parties;

· Survive the termination of any engagement, the conclusion of any contractual relationship, and the cessation of your interaction with the Company;

· Not apply to information that is or becomes publicly available through no act or omission of the receiving party, or that was independently developed by the receiving party without reference to the Confidential Information.

· 5.4 The Company's obligations in respect of your confidential information are governed by any applicable non-disclosure or confidentiality agreement concluded between the parties, and in the absence thereof, by the common law duty of confidentiality.

6. DISCLAIMER OF PROFESSIONAL ADVICE

6.1 All Content published on the Platform, including articles, case studies, thought leadership pieces, industry commentary, and general information about the Company's services, is provided for general informational and marketing purposes only and does not constitute, and shall not be construed as, professional management consulting advice, legal advice, financial advice, tax advice, investment advice, or any other form of regulated or professional advice.

6.2 No reliance should be placed on any Content published on the Platform as a substitute for professional advice tailored to the specific circumstances of your situation. You are advised to seek independent professional advice before making any decision based on any Content published on the Platform.

6.3 No professional consulting relationship between the Company and any User is created by virtue of any User's access to or use of the Platform. A professional relationship is established only upon the execution of a signed Engagement Agreement, the terms and conditions of which shall govern the professional relationship in its entirety.

6.4 Where the Platform references third-party sources, publications, or information, such references are provided for contextual purposes only. The Company does not endorse, verify, or take responsibility for the accuracy, completeness, or reliability of any third-party information referenced on the Platform.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 To the maximum extent permitted by applicable South African law, including section 435 and 6 of ECTA, the Company, its directors, shareholders, team members, associate consultants, and agents collectively, the "Company Parties" shall not be liable, whether in contract, delict including negligence, statute, or otherwise, for:

· Any direct, indirect, special, incidental, consequential, or punitive loss or damage of any kind arising from or in connection with your access to or use of, or inability to access or use, the Platform or any Content thereon;

· Any loss of data, revenue, profits, goodwill, or business opportunity arising from or in connection with the Platform;

· Any inaccuracy, error, omission, or incompleteness in any Content published on the Platform;

· Any interruption, suspension, restriction, or termination of access to the Platform, whether due to technical failure, maintenance, or any other reason;

· Any reliance placed on general Content published through the Platform or through the Company's communications channels;

· Any damage to your computer system, device, software, or data resulting from your access to or use of the Platform, including any damage caused by any virus, malicious code, or distributed denial-of-service attack.

7.2 The Company does not warrant or represent that:

· The Platform or its Content will be accurate, complete, reliable, or error-free;

· The Platform will be available on an uninterrupted or continuous basis;

· Any defects in the Platform will be corrected;

· The Platform is free from viruses or other harmful components.

7.3 Nothing in these Terms shall operate to exclude or limit:

· The Company's liability for fraud or fraudulent misrepresentation;

· The Company's liability for gross negligence resulting in death or personal injury;

· Any liability that cannot be excluded by applicable South African law;

· Any rights you may have as a consumer under the Consumer Protection Act 68 of 2008.

7.4 Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, losses, liabilities, costs, damages, and expenses including reasonable legal fees arising out of or in connection with:

· Your use of or access to the Platform;

· Your breach of any provision of these Terms;

· Your infringement of any third-party right, including any intellectual property right or privacy right;

· Any claim that your conduct caused damage to a third party.

8. PARTY LINKS AND PLATFORMS

8.1 The Platform may contain hyperlinks to third-party websites, platforms, or resources "Third-Party Sites", including but not limited to LinkedIn, the Information Regulator, government portals, and professional associations. These hyperlinks are provided for convenience and reference purposes only.

8.2 The Company does not control, monitor, endorse, or accept any responsibility for the content, privacy practices, terms of use, accuracy, or reliability of any Third-Party Site. The inclusion of any hyperlink does not imply an affiliation, endorsement, or recommendation of the Third-Party Site by the Company.

8.3 Your access to and use of any Third-Party Site is at your own risk and is governed exclusively by the terms and conditions and privacy policy of that Third-Party Site. The Company strongly encourages you to review the terms and policies of any Third-Party Site you visit.

8.4 The Company shall not be liable for any loss or damage arising from your reliance on or use of any Third-Party Site or any content, goods, or services available through any Third-Party Site.

9. PRIVACY AND PERSONAL INFORMATION

9.1 The Company processes personal information in accordance with its Privacy Policy, which is incorporated into these Terms by reference and forms an integral part hereof. The Privacy Policy is available at www.koraconsulting.co.za and upon request from the Information Officer.

9.2 By using the Platform, you acknowledge that you have read and understood the Privacy Policy and consent to the processing of your personal information as described therein.

9.3 The Company is registered with the Information Regulator of South Africa as required by POPIA.

10. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT COMPLIANCE

10.1 In accordance with section 43 of ECTA, the Company provides the following disclosures:

· The Company does not engage in automated decision-making that produces legal effects concerning Users without human oversight;

· Where electronic contracts are concluded through the Platform, the Company will confirm receipt of your acceptance in accordance with section 23 of ECTA;

· The Company maintains adequate records of electronic transactions as required by section 16 of ECTA;

· Any contract concluded electronically through the Platform shall be deemed to have been concluded at the time the Company's information system receives the acceptance, in accordance with section 222 of ECTA.

10.2 In terms of section 45 of ECTA, the Company does not send unsolicited commercial electronic communications "spam" to Users. Any commercial electronic communications sent by the Company shall comply with the provisions of section 45 of ECTA, and Users shall at all times have the ability to opt out of receiving further commercial communications from the Company.

11. GOVERNING LAW AND DISPUTE RESOLUTION

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

11.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, or termination, shall be subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.

11.3 Notwithstanding section 11.2, in the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of not less than 30 thirty calendar days from the date on which one party notifies the other of the dispute in writing, before initiating any formal legal proceedings.

11.4 Nothing in this section shall prevent either party from seeking urgent or interim relief from a court of competent jurisdiction where the circumstances so require.

12 GENERAL PROVISIONS

12.1 Severability. If any provision of these Terms is found by a court or regulatory authority of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed from the Terms. The remaining provisions shall continue in full force and effect as if the severed provision had never been included.

12.2 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Engagement Agreement, constitute the entire agreement between the Company and the User in respect of the subject matter hereof and supersede all prior representations, warranties, undertakings, and agreements, whether oral or written.

12.3 No Waiver. No failure or delay by the Company to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

12.4 Amendments. The Company reserves the right to amend these Terms at any time. Amendments shall take effect upon publication of the updated Terms on the Platform. It is the User's responsibility to review these Terms periodically. Continued use of the Platform following the publication of amended Terms constitutes acceptance of the amended Terms.

12.5 Assignment. The Company may assign or transfer its rights and obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company.

12.6 Notices. All notices, requests, and other communications required or permitted under these Terms shall be in writing and shall be delivered by email or by hand to the addresses set out in section 2 of these Terms.

12.7 Language. These Terms are drafted in the English language. In the event of any inconsistency between an English version and a translated version of these Terms, the English version shall prevail.

13. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

14. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any written agreements, constitute the entire agreement between you and Kora Consulting regarding the Services.

15. CHANGES TO TERMS

We may update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

16. CONTACT INFORMATION

For questions regarding these Terms, contact:

Kora Consulting (Pty) Ltd
Email: info@koraconsulting.co.za