Terms & Conditions

1. Introduction and acceptance of these Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website at www.kaycie.co.za (the “Website”) and the kaycie system and related services made available through it (the “Service”). The Website and Service are owned and operated by Kaycie Compliance (Pty) Ltd, a private company incorporated in the Republic of South Africa with registration number 2026/533062/07 (“kaycie”, “we”, “us” or “our”).

By registering an account, subscribing, or otherwise using the Website or the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website or the Service.

If you are entering into these Terms on behalf of an organisation, company or other juristic person, you warrant that you are authorised to bind that entity, and “you” refers to that entity.

2. Definitions

• “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
• “CPA” means the Consumer Protection Act 68 of 2008.
• “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002.
• “Subscription” means a paid monthly or annual subscription granting access to the Service.
• “Billing Period” means the monthly or annual period for which Subscription fees are paid in advance.
• “Consumer” means a user who qualifies for protection under the CPA, being a natural person, or a juristic person whose asset value or annual turnover is below the threshold determined by the Minister under section 6 of the CPA (currently R2 million).

3. Information about us (section 43 of the ECT Act)

In compliance with section 43 of the ECT Act, we record the following information:

• Full name and legal status: Kaycie Compliance (Pty) Ltd, a private company, registration number 2026/533062/07.
• Physical and registered address: 56 Patrysbos, George, Western Cape, 6530
• Email address: info@kaycie.co.za
• Support portal: www.kaycie.co.za/support
• Website: www.kaycie.co.za

The Service is a digital subscription system, described in more detail on the Website. Subscription fees, inclusive of any applicable taxes, are displayed on the Website before you subscribe.

4. The Service and the demo site

Each kaycie system is custom created and configured for the individual organisation that subscribes. For this reason we do not offer free trials of the live Service. Instead, we make a full demonstration version of the Service available at demo.kaycie.co.za (the “Demo”) so that you can explore and evaluate the system before subscribing.

We strongly encourage you to use the Demo before purchasing a Subscription — it is your opportunity to satisfy yourself that the Service meets your needs.

The Demo is provided for evaluation purposes only, may be reset or changed without notice, and does not form part of any paid Subscription.

5. Accounts and registration

To use the Service you must register an account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.

6. Subscriptions, fees and billing

Plans

We offer monthly Subscriptions (billed monthly in advance) and annual Subscriptions (billed annually in advance). The applicable fees are displayed on the Website at the time you subscribe.

Immediate access

Access to the Service is activated immediately (or as soon as reasonably possible) upon confirmation of payment.

Renewal

Subscriptions renew automatically at the end of each Billing Period unless cancelled in accordance with clause 7. Where you are a Consumer on an annual (fixed-term) Subscription, we will notify you of the impending expiry and any material changes not less than 40 and not more than 80 Business Days before the end of the term, as required by section 14 of the CPA, and the Subscription will thereafter continue on a month-to-month basis unless you elect otherwise.

Fee changes

We may adjust Subscription fees from time to time. Fee changes will not affect a Billing Period already paid for, and we will give you at least 30 days’ notice before a fee change takes effect.

Failed payments

If a payment fails or is reversed, we may suspend access to the Service until payment is received.

7. Cancelling your Subscription

You may cancel your Subscription at any time, for any reason, through your account settings, via our support portal at www.kaycie.co.za/support, or by written notice to info@kaycie.co.za.

Monthly Subscriptions

Cancellation takes effect at the end of the current monthly Billing Period. You will retain access until that date and will not be billed again. No cancellation fee is charged.

Annual Subscriptions — Consumers

If you are a Consumer, you may cancel an annual Subscription before the end of its term on 20 Business Days’ written notice in terms of section 14(2) of the CPA. In that case we will refund the unused portion of the prepaid fee for the period after the cancellation takes effect, less a reasonable cancellation charge as contemplated in section 14(3) of the CPA and its regulations.

Annual Subscriptions — other subscribers

If you are a juristic person that does not qualify as a Consumer, section 14 of the CPA does not apply to you. An annual Subscription runs for its full term; you may cancel to stop renewal, and cancellation takes effect at the end of the annual term already paid for. No refund is made for the remaining portion of the term.

8. Refund policy

No refunds on activated Subscriptions

Because each kaycie system is custom created for your organisation, because you receive immediate access to the Service as soon as your payment is confirmed, and because the Demo allows you to evaluate the Service before purchase, all Subscription fees are non-refundable once access has been activated or work on the creation of your system has commenced, except as set out in this clause 8 or where a refund is required by law.

Statutory cooling-off (section 44 of the ECT Act)

Section 44 of the ECT Act gives natural-person consumers a seven-day cooling-off right for certain electronic transactions. In terms of section 42(2) of the ECT Act, this cooling-off right does not apply to (i) services where performance has begun, with the consumer’s consent, before the end of the seven-day period, or (ii) goods made to the consumer’s specifications or clearly personalised. By subscribing, you expressly request and consent to the creation of your custom system and the commencement of the Service immediately upon confirmation of payment, and you acknowledge that the section 44 cooling-off right accordingly does not apply once the Service has commenced.

Exceptions — where we will refund

• you were charged in error, charged twice, or charged after a valid cancellation took effect;
• you are a Consumer and are entitled to a refund of the unused portion of an annual Subscription under clause 7; or
• a refund is required under the CPA, including under section 54(2) where we have materially failed to deliver the Service to the standard required and have not remedied the failure.

Nothing in these Terms excludes, limits or overrides any right you have under the CPA, the ECT Act or any other law that cannot lawfully be excluded, limited or overridden.

Approved refunds are processed to the original payment method within 30 days.

9. Acceptable use

You may use the Service only for lawful purposes. You must not:

• share, resell or sublicense access to the Service without our prior written consent;
• attempt to gain unauthorised access to the Service, other users’ data, or our systems;
• reverse engineer, decompile, copy or create derivative works of the Service, except as permitted by law;
• use the Service to store or transmit unlawful, infringing or harmful material, or to violate the rights of any person;
• interfere with or disrupt the integrity or performance of the Service.

We may suspend or terminate access for material breach of this clause, without a refund, after giving you notice and a reasonable opportunity to remedy the breach where it is capable of remedy.

10. Intellectual property

All intellectual property in the Website and the Service, including software, designs, logos, trade marks and content, remains our property or that of our licensors. Your Subscription grants you a limited, non-exclusive, non-transferable right to use the Service for the duration of the Subscription, in accordance with these Terms. You retain all rights in the data you upload to the Service.

11. Your data and privacy

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Our Privacy Policy explains what information we collect and how we use and protect it, and forms part of these Terms.

On termination of your Subscription, you may request an export of your data within 30 days of termination, after which we may delete it in accordance with our data retention practices and applicable law.

12. Availability, support and maintenance

We aim to keep the Service available at all times but do not guarantee uninterrupted availability. We may perform scheduled maintenance, and will use reasonable efforts to give advance notice of maintenance likely to cause material disruption.

Support is available through our support portal at www.kaycie.co.za/support or by email at info@kaycie.co.za, on weekdays from 09:00 to 16:00 (SAST), excluding South African public holidays.

13. Disclaimers and limitation of liability

The Service is provided on an “as is” and “as available” basis. To the extent permitted by law, we do not warrant that the Service will be error-free or meet your specific requirements. Where the CPA applies to you, nothing in this clause limits your statutory rights, including the right in section 54 of the CPA to services of a quality that persons are generally entitled to expect.

To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service shall not exceed the Subscription fees paid by you in the 12 months preceding the event giving rise to the claim, and we shall not be liable for any indirect, special or consequential loss, loss of profits, or loss of data. Nothing in these Terms limits liability for gross negligence, fraud, or any liability that cannot lawfully be limited (including under section 51 of the CPA).

14. Suspension and termination by us

We may suspend or terminate your access to the Service if you materially breach these Terms and fail to remedy the breach within 10 Business Days of written notice, or immediately where the breach is not capable of remedy or poses a risk to the Service or other users. We may also discontinue the Service entirely on at least 60 days’ written notice, in which case we will refund the unused portion of any prepaid Subscription fees.

15. Changes to these Terms

We may amend these Terms from time to time. Material changes will be notified to you by email or through the Service at least 30 days before they take effect. Changes will not apply retrospectively to a Billing Period already paid for. If you do not agree with an amendment, you may cancel your Subscription in accordance with clause 7 before the amendment takes effect.

16. General

Governing law

These Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts.

Disputes

If you have a complaint, please contact us first via our support portal at www.kaycie.co.za/support or at info@kaycie.co.za and we will attempt to resolve it. Where the CPA applies, you may also refer a dispute to the Consumer Goods and Services Ombud, the National Consumer Commission, or another forum contemplated in the CPA.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, it will be severed and the remaining provisions will continue in force.

Entire agreement

These Terms, together with the Privacy Policy and any plan-specific terms displayed at checkout, constitute the entire agreement between you and us in relation to the Service.

No indulgence

No failure or delay by us to enforce any provision of these Terms is a waiver of our rights.

Contact

Kaycie Compliance (Pty) Ltd · 56 Patrysbos, George, Western Cape, 6530 · info@kaycie.co.za · www.kaycie.co.za/support