Terms & Conditions

1. Introduction

Welcome to Kaleido Westown (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”) govern your use of our website located at https://kaleidowestown.co.za (the “Service”) operated by Kaleido Westown.

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (together, the “Agreements”). By using the Service, you acknowledge that you have read and understood the Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. Please email info@kaleidowestown.co.za so we can try to find a solution.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out by following the unsubscribe link or by emailing info@kaleidowestown.co.za.

3. Contests, sweepstakes and promotions

Any contests, sweepstakes or other promotions (“Promotions”) made available through the Service may be governed by rules separate from these Terms. If Promotion rules conflict with these Terms, Promotion rules will apply.

4. Content

Content found on or through this Service is the property of Kaleido Westown or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

5. Prohibited uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

1. In any way that violates any applicable national or international law or regulation.
2. To exploit, harm, or attempt to exploit or harm minors in any way.
3. To transmit or procure the sending of advertising or promotional material including junk mail, chain letters, spam, or similar solicitation.
4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes the rights of others, or is illegal, threatening, fraudulent, or harmful, or connected with unlawful activity.
6. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm or offend the Company or users or expose them to liability.

Additionally, you agree not to:

7. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
8. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose without our prior written consent.
9. Use any manual process to monitor or copy any of the material on the Service without our prior written consent.
10. Use any device, software, or routine that interferes with the proper working of the Service.
11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
12. Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
13. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
14. Take any action that may damage or falsify the Company rating.
15. Otherwise attempt to interfere with the proper working of the Service.

6. Analytics

We may use third-party service providers to monitor and analyse the use of our Service.

7. No use by minors

The Service is intended only for individuals at least eighteen (18) years old. By accessing or using the Service, you warrant that you are at least eighteen (18) years of age and have full authority to enter into these Terms.

8. Intellectual property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kaleido Westown and its licensors. The Service is protected by copyright, trademark, and other laws.

9. Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes copyright or other intellectual property rights.

10. DMCA notice and procedure for copyright infringement claims

You may submit a DMCA notification by providing the following information in writing (see 17 U.S.C. 512(c)(3) for details):

1. A physical or electronic signature of the person authorised to act on behalf of the copyright owner.
2. A description of the copyrighted work claimed to have been infringed, including the URL where the work exists or a copy of the work.
3. Identification of the URL or other specific location of the material claimed to be infringing.
4. Your address, telephone number, and email address.
5. A statement of good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
6. A statement made under penalty of perjury that the information is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.

You can contact our Copyright Agent via email at info@kaleidowestown.co.za.

11. Error reporting and feedback

You may provide feedback directly at info@kaleidowestown.co.za or via third-party tools. You acknowledge and agree that the Company may use feedback without restriction and without any obligation of confidentiality, subject to applicable law.

12. Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by Kaleido Westown. We assume no responsibility for their content, privacy policies, or practices. We strongly advise you to read the terms and privacy policies of any third party sites you visit.

13. Disclaimer of warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. WHERE LIABILITY IS FOUND, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, SUBJECT TO APPLICABLE LAW.

15. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. If you wish to terminate your account, you may discontinue using the Service. Provisions that by their nature should survive termination will survive.

16. Governing law

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

17. Changes to service

We reserve the right to withdraw or amend the Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

18. Amendments to terms

We may amend these Terms at any time by posting the amended terms on this site. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

19. Waiver and severability

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.

20. Acknowledgement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

22. Data collection and use (Rainmaker Marketing technology and marketing services)

Where the Service and/or Platform is designed, developed, hosted, and/or managed by Rainmaker Marketing (Pty) Ltd (“Rainmaker Marketing”), Rainmaker Marketing may collect and process personal information through forms, platform usage, and related marketing channels to operate the Service, provide marketing and sales enablement, measure performance, prevent fraud, and communicate with users, as described in the applicable Privacy Notice. Such processing will be carried out in accordance with applicable law and the relevant privacy notice.