Clause 1 – Introduction:
1.1 The website
https://saikidokapital.com/ (“the Website”) is operated and/or owned by the registered company, SAIKIDO KAPITAL – Durban, South Africa (hereinafter referred to as “Saikido Kapital,” “we,” “our,” or “us”). The Terms herein are entered into by and between Saikido Kapital and the User. Any reference to “Saikido Kapital,” “we,” “our,” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers, and suppliers.
1.2 These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”), apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User,” “you,” or “your”).
1.3 Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, comply, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
1.5 Accessing and/or use of the website furthermore signifies compliance that use of the website will be in accordance with applicable local laws in the jurisdiction of the user.
Clause 2 – Terminology:
2.1 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours; 2.3 “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
2.4 “Goods” shall mean the products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following: Investment education and tools;
2.5 “Party” or “Parties” shall mean Saikido Kapital (Lilongwe, Malawi) and/or or the User as the context implies;
2.6 “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
2.7 “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
2.8 “Services” shall refer to the Services provided by us to the User as set out in clause Clause 4 below;
2.9 “Terms” shall mean these Terms of Service as read together with the Privacy Policy, which Privacy Policy may be found at Our Privacy Policy; and 2.10 “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.
2.11 Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Clause 3 – Your agreement to these Terms:
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
3.2 Saikido Kapital reserves the right to automatically terminate the granted license of use to users should a violation of any terms, conditions, limitations, and restrictions occur, and users will then be required to destroy, disengage and dispose of any downloaded or saved elements of content or materials originally obtained from the website under the license of use.
Clause 4 – Description of our Services:
4.1 The Website enables you to shop for and purchase Goods.
Clause 5 – Registration Process:
5.1 Only Users may order and purchase Goods through the Website.
5.2 In order to register as a User, you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.
5.3 The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy.
5.4 In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at admin@saikidokapital.com.
Clause 6 – Purchase of Goods:
6.1 The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
6.2 The cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.
6.3 Saikido Kapital does not provide refunds on the purchase of goods and services on its website.
Clause 7 – Payment:
7.1 Payment may be made in one of the following manners:
7.1.1 Credit Card – where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Goods will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
7.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
7.1.3 COD (Cash on Delivery) – Where users have selected cash on delivery, a User shall be required to make payment of the Goods, prior to their release at the chosen delivery address.
7.2 Users to the Website making use of the EFT option are required to select the option for EFT and follow the payment process in the relevant tab.
7.3 Users making use of the COD option are required to select the option for COD, and the cash shall be collected by Saikido Kapital from the User upon delivery of the Goods.
7.4 No payment shall be considered to have been made until it has reflected in our bank statement.
7.5 Users making use of any of the payment options do so at their own risk, and at the discretion of Saikido Kapital. We do not offer any form of insurance or warranty as to the availability, acceptance, performance or satisfaction of any of the payment options offered.
7.6 We reserve the right to refuse to accept and/or execute an order without giving any reasons. We also reserve the right to cancel orders in whole or in part as circumstances dictate. In such instances, we shall not be liable for any loss, which may be sustained by a User who has submitted an order to us which we have cancelled and we also reserve the right to terminate an agreement as a result of a breach of the Terms. Should we exercise this right, you will be given seven (7) Business Days’ notice thereof, and you agree that you will have no claim of any nature against us in respect of any such termination.
Clause 8 – Delivery:
8.1 We do not provide free delivery.
8.2 Users will be given a choice of the various delivery methods that are available for Users.
8.3 The cost for delivery is indicated upon checkout and will be payable by the User in addition to the cost of the Goods. We reserve the right to request additional sums from a User for delivery of Goods where the delivery address falls outside of a specified free delivery zone, but shall only do so following written confirmation from the User.
8.4 Orders are dispatched once payment reflects on the bank statement of Saikido Kapital and delivery times shall be between 10 and 20 Business Days, and an additional 10-15 Business Days where international delivery is selected.
Clause 9 – Export Restriction:
9.1 The offering on this website is available to everyone in any country.
Clause 10 – Return Policy: 10.1 Saikido Kapital does not provide refunds on the purchase of goods and services on its website.
Clause 11 – Disclaimer of Warranties; Limitation of Liability:
11.1 We will exercise reasonable skill and care in providing our services and provide Goods that are of satisfactory quality.
11.2 We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.
11.3 We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content on the Website.
11.4 To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
11.5 We will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, or products included on the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
11.6 Users agree that, subject to applicable laws, Saikido Kapital is not liable to a User or any third party for any damage, security breaches, financial or other loss, or any other negative effects arising from the use of our Website.
Clause 12 – Indemnification:
12.1 You agree to indemnify, defend, and hold harmless Saikido Kapital, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
Clause 13 – Privacy:
13.1 Our Privacy Policy governs the processing of all Personal Information provided by you.
Clause 14 – Governing Law:
14.1 These Terms and your use of this Website are governed by, and construed in accordance with the laws of the Republic of Malawi. Users agree that any claim relating to the Website shall be subject to the exclusive jurisdiction of the courts located within Malawi.
Clause 15 – Compliance with Laws:
15.1 You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Clause 16 – Severability:
16.1 If any provision of these Terms is held to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Clause 17 – Entire Agreement:
17.1 These Terms constitute the entire agreement between you and Saikido Kapital with respect to the use of the Website and the purchase of Goods and services.
Clause 18 – Changes to Terms:
18.1 We reserve the right to make changes to our Website, policies, and these Terms at any time. Your use of this Website and your orders will be subject to the most current version of the Terms posted on the Website at the time of such use.
Clause 19 – Contact Information:
19.1 Questions about the Terms should be sent to us at admin@saikidokapital.com.
Clause 20 – Terms & Conditions Acceptance:
20.1 By using this Website, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our Website. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.
Thank you for using Saikido Kapital. We appreciate your business.
WEBSITE DISCLAIMER
The information provided by Saikido Kapital (“we,” “us,” or “our”) on https://saikidokapital.com/ (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFESSIONAL DISCLAIMER
The Site cannot and does not contain financial, tax, investment, or legal advice. The financial, tax, investment, or legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial, tax, investment, or legal advice.
THE USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
AFFILIATES DISCLAIMER
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences.
YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio, and/or video and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.
