Terms & Conditions

The section headings below or in any other policy document on this website are for reading convenience only and have no legal or contractual effect.

Glossary of Terms

  • “Website” or “us” or “our” refers to the Internet domain kosonline.co.za and the entity KOS.
  • “User” or “you” or “visitor” or “customer” refers to a visitor to this website, whether a person or not, from anywhere in the world using any means, whether registered or not.
  • “Conditions” refers to this Terms & Conditions document.
  • “Media” refers to local, national or International broadcast, film, video, print, publishing, electronic, Internet, social, or any other communication media in its broadest definitions.

Scope and Acceptance

By visiting our website, or by registering as a website user, or by making online purchases through this website, you agree to accept and comply with all Terms & Conditions set out on this document, together with any other terms, conditions and policies set out elsewhere on this website.

Operation, Licensing and Ownership

This website (KOSonline.co.za) is operated by Kom Ons Spaar (Pty) Ltd, VAT no. 4440269415, Company Reg. no.: 2010/018392/07, a company registered in the Republic of South Africa that allows online shopping of fresh produce, non-perishable foodstuffs, and other items. Kom Ons Spaar (Pty) Ltd is trading as KOS

Eligible Users

Only natural Earth-dwelling persons aged eighteen (18) or older may register as KOS users. Please note that KOS only operates within South Africa and only delivers to the indicated Hub addresses where customers may collect their goods.

Bank Security Checks

We reserve the right to suspend or delay products and services pending the outcome of bank security checks. If verification fails we reserve the right to:

  • not approve an account registration
  • suspend an account subsequent to account registration or approval

Order Placement

As soon as a customer confirms an order on the KOS system, they are liable to pay for that order in full.

Store Credit

Each customer has a Store Credit account which is zero right after registration. When customers are refunded, their Store Credit accounts increase accordingly. Store Credit can be used as payment for subsequent orders.

Store Credit is on par with South African currency (ZAR) and is indicated as Rands.

We are not a banking institution, do not guarantee funds, nor do we issue interest on funds.

Transactions are charged and balances displayed on the website in South African Rands (ZAR).

Your positive credit balance does not earn interest regardless of how long it is held by KOS.

There are no fees for receiving or using Store Credit as payment. An admin fee may be charged for a Store Credit refund (see below).

Store Credit Refunds

KOS offers Store Credit Refunds (less admin fee) under the following circumstances:

  • full or partial refund of account balance (Store Credit) as requested by the user at any time
  • full refund of account balance (Store Credit) after permanent account deactivation

Note: Refunds will only be made to the bank account or card of the person on record with us.

Responsibility

Kom Ons Spaar (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution, and delivery of goods.

Your Data

We respect your personal information and undertake to comply with relevant Data Protection legislation. You should be aware that: If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and we reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.

Please read our Privacy Policy to learn more.

Usernames

A username selected by you when registering is seen by us as user supplied content. Please select your username carefully since it may be visible to others and to the media.

User Supplied Content

We reserve the right to view, review, and request modification or removal of user supplied content which KOS deems inappropriate. Valid reasons include, but are not limited to: offensiveness, poor quality, copyright take-down notices, etc. If the user does not comply, we reserve the right to:

  • block the inappropriate content
  • remove the inappropriate content
  • suspend the account associated with the content

Any user reviews or testimonials submitted to our websites, via email, or via any of our other communication channels may be used for marketing purposes, including the mention of the quoted person’s name and the KOS Hub which they operated through. No other personal details will be published. User-generated content (such as reviews or testimonials) is owned by the user and licensed for an indefinite period to Kom Ons Spaar (Pty) Ltd.

Prohibited Conduct

You promise that you will not:

  • use a false email address, impersonate others, or misrepresent your affiliation with other people or entities;
  • attempt to gain unauthorised access to KOS computer systems or content;
  • enter any arrangements that are not consistent with these Conditions;
  • use information gathered from KOS in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like this site);
  • attempt to or actually interrupt, negatively impact or alter KOS’s operation in any way;
  • use the KOS site or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through KOS, other than in accordance with these terms.

Liability

We accept no liability (to the fullest extent permitted by law) for the accuracy of information on our website, which may contain technical inaccuracies or typographical errors. Our liability to you in connection with any order will not exceed the total price charged for the relevant credit purchases, products or services and, save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these conditions and policies.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in delivery or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, acts of God, war, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

We Reserve the Right

Temporarily or permanently we may modify or withdraw, the Website (or any part thereof) with or without notice and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or we may change these conditions from time to time and your continuing use of the Website (or part of it) after the change shall be deemed your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you should stop using the Website. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

Anti-Money Laundering / Counter Terrorism

Money laundering is the act of converting money or other monetary instruments gained from illegal activity into money or investments that appear to be legitimate, so that any illegal source cannot be traced. Domestic and International laws that apply to companies, whose customers can deposit and withdraw funds from their accounts, make it illegal for KOS, or its employees or agents, to knowingly engage, or attempt to engage in a monetary transaction of criminally derived property.

IMPLEMENTED PROCEDURES: The objective of the Anti-Money laundering procedures that we implement is to ensure that customers engaging in certain activities are identified to a reasonable standard, while minimizing the compliance burden and impact on legitimate customers. We are committed to assisting governments to combat the threat of money laundering and the financing of terrorist activities around the world. For this purpose we have established a sophisticated electronic system. This system documents and verifies client identification records, and tracks and maintains detailed records of all transactions.

We carefully track suspicious and significant transaction activities, and may report such activities ‘providing timely and comprehensive information’ to law enforcement bodies, if required from us. To uphold the integrity of reporting systems and to safeguard businesses, the legislative framework provides legal protection to providers of such information.

In order to minimize the risk of money laundering and financing terrorist activities, we neither accept hard cash deposits nor disburse hard cash. We reserve the right to refuse to process a transaction at any stage, where we believe the transaction to be connected in any way to money laundering or criminal activity. It is forbidden for us to inform users that they have been reported for suspicious activity.

Intellectual Property

This website is copyright Kom Ons Spaar (Pty) Ltd, all rights reserved.

Entire Agreement

With the exception of other Policy documents on this website, these Conditions contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

Variation

Kom Ons Spaar (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Law

Until further notice, the Conditions will be exclusively governed in accordance with the laws of the Republic of South Africa.