TERMS OF USE & PRIVACY POLICY

DATE LAST MODIFIED: These terms of this policy were last updated on: 18 May 2021

1. INTERPRETATION

The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention clearly appears:

• 1.1. words importing:
  • 1.1.1. any one gender include the other two genders;
  • 1.1.2. the singular include the plural and vice versa; and
  • 1.1.3. natural persons include created entities (corporate or unincorporate) and the state and vice versa;
• 1.2. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:
  • 1.2.1. “Agreement” means these Terms of Use and all documents incorporated by reference;
  • 1.2.2. “App” means the mobile and online dating application known as KOER owned and operated by Koer, as updated from time to time, including any web-based derivatives thereof;
  • 1.2.3. “Data Subject”, for the purposes of POPI, means a User;
  • 1.2.4. “ECTA” means the South African Electronic Communications and Transactions Act No. 25 of 2002;
  • 1.2.5. “Information Officer” means the person appointed by us from time to time as contemplated by Part B of POPI, currently being the person nominated in clause 11 below;
  • 1.2.6. “KOER” means Die Bende (Pty) Ltd, a private company with registration number 2019/42247/07, duly incorporated in terms of the laws of South Africa, and “we”, “us”, “our” and “ours” will have a corresponding meaning;
  • 1.2.7. “Minor” means any person under the age of 18 (eighteen) years and “child” will have the same meaning;
  • 1.2.8. “PAIA” means the Promotion of Access to Information Act 2 of 2000, including all regulations promulgated thereunder;
  • 1.2.9. PAIA Manual means the document contemplated by clause 10 below, which can be accessed through this link: PAIA MANUAL
  • 1.2.10. “POPI” means the Protection of Personal Information Act 4 of 2013, including all regulations, codes of conduct, compliance manuals and guidelines that may from time to time be promulgated thereunder;
  • 1.2.11. “Process” or “Processing” means operations and activities related to collecting, receipt, recording, organisation, collating, storage, updating or modifying, retrieval, alteration, consultation and use, dissemination, transmission and sharing, deleting and destroying of personal information;
  • 1.2.12. “Regulator” means the National Information Regulator established in terms of Part A of Chapter 5 of POPI;
  • 1.2.13. “Service” means social and dating enabling service rendered by the App which, inter alia, entails collecting your personal information and making same available to third parties on the terms recorded herein;
  • 1.2.14. “Terms of Use” means the provisions as contained in these terms of use;
  • 1.2.15. “User” means a consumer that uses the App and the terms “you”, “your” and “yours” when used in these Terms of Use means any user of the App and “use”, “using” and “used” means the accessing of the App and viewing of the App’s content.

2. AGREEMENT AND GENERAL ACCEPTANCE OF THESE TERMS OF USE

• 2.1. By accessing or using this App, you agree to these Terms of Use and all applicable annexures and hyperlinks hereto, which form a legally binding agreement (“Agreement”). If you do not agree, please exit this App.
• 2.2. Access to and use of this App and the information, products and services available through this App are subject to these Terms of Use and to all applicable laws and regulations, including the provisions of ECTA, POPI and PAIA, where applicable.
• 2.3. All content on this App belongs to Koer, unless indicated otherwise. Content of advertisements belong to the advertisers, but Koer owns the compilation. Any personal information you may upload to the App belongs proprietary to you, but Koer has the right to make such information available to other users of the App (in accordance with your profile settings) and potential advertisers in terms of the license your grant below. We deal with aspect in more detail below. By using the App, you consent to us collecting, storing, disseminating and using your personal information, subject to the terms and conditions recorded herein. Please make sure you fully understand the extent of the consent you give us. We strictly adhere to the provisions of POPI and are here to assist you to fully understand your rights under said Act, too.
• 2.4. This App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this App complies with all applicable laws and regulations. Koer accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
• 2.5. Koer may at any time, without notice, impose further and additional Terms of Use relating to the use of this App. The user's agreement to these Terms of Use automatically binds the user to the additional Terms of Use.
• 2.6. The latest Terms of Use will be posted on the App, and you should always review these Terms of Use prior to using the App to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this App. If you cannot access the Terms of Use via the Internet, a copy of the most recent Terms of Use can be provided by e-mail upon request.

3. CONDITIONS OF USE

If you access and/or use the App in any way, you warrant that:

• 3.1 You are 18 years and older and of sound mind;
• 3.2 You have not been convicted of any crime related to assault, murder, battery, harassment, stalking or any offence contemplated by the South African Sexual Offences Act 23 of 1957, as amended from time to time;
• 3.3 You are ordinarily resident and domiciled within the Republic of South Africa;
• 3.4 Any information you may provide or content you may upload to the App is truthful, correct and accurate and not in any way aimed at misleading or deceiving any other User and does not infringe on any third party’s intellectual property rights.

4. OUR LICENSE

• 4.1. Koer’s license to your Content shall be non-exclusive, except that Koer’s license shall be exclusive with respect to derivative works created through use of the Service.
• 4.2. You agree that any Content you place or that you authorize us to place on the App may be viewed by other users and may be viewed by any person visiting or participating in the Service as well as potential advertisers.
• 4.3. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement, is contrary to the spirit of KOER or may harm the reputation of the Service.
• 4.4. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy also available on the App.
• 4.5. Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. You are bound by the community rules provided for below, which may be amended by Koer from time to time.
• 4.6. Although Koer reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report to us at complaints@koer.co.za.
• 4.7. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
• 4.8. Notwithstanding the foregoing, all personal data provided to us as a result of this App will be handled in accordance with our Privacy Policy and in adherence with ECTA and POPI.
• 4.9. The confidentiality of your username and password is solely your responsibility.

5. PERSONAL INFORMATION

• 5.1. By creating a profile and using the App, you will be providing us with certain information personal to you. This information may include:
  • 5.1.1. Your name, nickname or chosen profile name;
  • 5.1.2. Your email address;
  • 5.1.3. Your location (not specific, but area at least);
  • 5.1.4. Your date of birth;
  • 5.1.5. Your gender;
  • 5.1.6. Your sexual orientation and/or preferences;
  • 5.1.7. Your interests and hobbies;
  • 5.1.8. A description of yourself;
  • 5.1.9. Your photos and/or images of yourself; (hereinafter referred to as “your personal information”)
• 5.2. You may further send messages to other users via our App. If you do so, please bear in mind that such messages may contain more information about yourself, which may include information related to your religious and philosophic beliefs, race and ethnic origin, trade union membership, political persuasions, health or sex life (hereinafter referred to as “your private information”), which information is treated as special personal information in terms of POPI.
• 5.3. For billing purposes, you will also provide us with your credit card details or other billing information reasonable required for you to transact on the App. These we will keep strictly confidential and not disclose to any other party whatsoever. Koer keeps all financial information that it records strictly confidential and will not disclose it to any third party that has no right or title to the information.
• 5.4. In processing our personal and private information, we adhere to all legislative requirements, including the requirements of accountability, processing limitation, purpose specific, further processing limitation, information quality, openness, security safeguards and data subject participation, as referred to in clauses 8 to 25 of POPI,
• 5.5. You provide us with the information entirely voluntarily. Bear in mind however that where you refuse to provide us certain information, which may be your right to do, it may make it impossible for us to render the Service which may cause you not to have full use and enjoyment of the App.
• 5.6. You always have the right, as more fully provided for herein, to:
  • 5.6.1. Have notice of the information we collect from you and to be notified of any unauthorised use of or access to your information;
  • 5.6.2. Have access to your personal information kept by us, and to request changes or corrections thereto or deletions thereof;
  • 5.6.3. Object to the processing or use of your personal information (if you wish to lodge any such objection, please use the following prescribed form to do so: objection form;
  • 5.6.4. Object to any direct marketing practice;
  • 5.6.5. Not have your personal information used for direct marketing purposes without your consent;
  • 5.6.6. Not be subjected to decisions made by way of automated process;
  • 5.6.7. Submit complaints to the Regulator; and
  • 5.6.8. To institute civil proceedings as contemplated by section 99 of POPI.
• 5.7. Koer will not be held liable for any personal information that you disclose to a third party whose link may be found on this App. Ensure that you refer to that third party’s privacy policy before you disclose any of your personal information.
• 5.8. The Koer App may make use of cookie and tracking technology, whereby information that you send whilst on the site, is saved on your hard drive and the Koer App will know who you are when you next visit. This technology is useful for gathering information such as browser type and operating system, for tracking the number of visitors to a site and understanding how visitors use the App. Personal information cannot be collected via cookie technology.

6. CONSENT TO PROCESSING

• 6.1. You consent to us processing your personal information for the following purposes:
  • 6.1.1. Deliver and improve the Services;
  • 6.1.2. Create and manage your account;
  • 6.1.3. Provide you with user support and respond to your requests;
  • 6.1.4. Facilitate and complete your transactions;
  • 6.1.5. Communicate with you about our services, including order management and billing;
  • 6.1.6. Analyse your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to other users;
  • 6.1.7. Show users’ profiles to one another
  • 6.1.8. Link the various devices you use to your profile;
  • 6.1.9. Administer promotions, internal marketing and offers, contests, discounts or similar advances;
  • 6.1.10. Develop, display and track content and advertising tailored to your interests;
  • 6.1.11. Communicate with you by email, phone, social media or mobile device about the Service;
  • 6.1.12. Administer focus groups and surveys;
  • 6.1.13. Conduct research and analysis of users’ behaviour to improve our services and content;
  • 6.1.14. Develop new features and services for the App;
  • 6.1.15. Address ongoing or alleged misconduct or breaches of these Terms and Conditions, both on and off-platform;
  • 6.1.16. Perform data analysis to better understand and design countermeasures against these activities;
  • 6.1.17. Retain data related to fraudulent activities to prevent against recurrences;
  • 6.1.18. Comply with legal requirements;
  • 6.1.19. Assist law enforcement; and
  • 6.1.20. Enforce or exercise our rights.
• 6.2. As for your private information, you consent to us processing this information for the limited purpose of:
  • 6.2.1. Investigating any complaints of infringement of another user’s rights or breach of the provisions of our Terms of Use, Privacy Policy or other rules;
  • 6.2.2. Enforcing our rights;
  • 6.2.3. Aiding any criminal investigation; or
  • 6.2.4. If subpoenaed in any civil proceedings.
  • 6.3. We will not process your personal information beyond what is reasonably required for the aforesaid purposes.
  • 6.4. You may at any time withdraw your consent for us to process your information. In this regard, please bear in mind that:
  • 6.4.1. You need to advise us in writing;
  • 6.4.2. You need to give us a reasonable time to process and give effect to your request; and
  • 6.4.3. Your request may lead to the termination of the Service.
• 6.5. Please bear in mind that you may also at any time lodge an objection with us or the Regulator if you feel we are not processing your information lawfully.

7. CROSS-COLLECTION CONSENT

• 7.1. We collect your personal information from you directly. You may also choose to make us of your existing Facebook or Apple profiles when creating a profile on the App. If you elect to make use of such a third-party site to create your profile, you consent to us accessing your profile and collecting such personal information from that site as may be reasonably necessary for the purpose of rendering the Service as more fully set out above.
• 7.2. All information we may collect from such other sources shall be dealt with in accordance with these terms of use.

8. RETENTION OF INFORMATION

• 8.1. In addition to you consenting to use processing your information, you also consent to us retaining and storing it. You consent to us storing your information for as long as you have a profile with us and for an indefinite period thereafter.
• 8.2. We retain and store your information even after you have deleted your profile for the following limited purposes:
  • 8.2.1. For the reactivation or reloading of your profile, should you wish to do so in the near future; and
  • 8.2.2. For purposes of internal research and further App development.
• 8.3. You may instruct us, in writing, to permanently delete all information we retain on your behalf at any time. We will then destroy it digitally in such a manner that no person can use it or reconstruct it in any way again. You can find the applicable request form here: request form

9. ADVERTISING AND FURTHER PROCESSING

• 9.1. We have mentioned above that we may use your information for internal marketing purposes, i.e. marketing of KOER’s existing and new serves and offerings to Users. We may also use your information for purposes of securing third party advertisements on the App, and you consent thereto, subject to these terms. In this regard, please note that:
  • 9.1.1. Where we make your information available to any third-party advertiser, it will be subject to the same or similar terms of privacy and confidentiality as recorded herein;
  • 9.1.2. It will be for the purposes of “in-App” advertisements only;
  • 9.1.3. Your personal information will not be used for direct marketing purposes, unless you specifically consent thereto by, for instances, clicking on ‘opt in’ in any advertisement.

10. PROMOTION OF ACCESS TO INFORMATION

• 10.1. We have to comply with PAIA alongside POPI and, to this end, make available our PAIA manual as contemplated by section 51 of PAIA (read in conjunction with section 17 of POPI) here: PAIA MANUAL
• 10.2. Any request for information you may wish to direct to us is to be addressed, and will be dealt with, as provided for in the above PAIA Manual. We undertake to provide you with such information as may be lawfully permitted and required.

11. SECURITY SAFEGUARDS

• 11.1. Koer will take all reasonable steps to ensure that your personal information is kept confidential and secure by storing it on our secure database.
• 11.2. Koer will endeavour to take all reasonable and necessary precautions to secure access to your transactions - however, it cannot guarantee the confidentiality of your transactions.
• 11.3. We make use of the latest anti-hacking and firewall technology to safeguard your personal information. If you have any queries on the safety systems we use, you may direct your enquiry to our Information Officer.
• 11.4. Our staff and agents undergo routine training in order to identify potential risks and to establish and maintain appropriate safeguards.
• 11.5. We undertake to notify you as soon as reasonably possible via your profile and via separate email to the email address linked to your account should we become aware of any security breaches or unlawful access to or use of your personal information.

12. INFORMATION OFFICER, OBJECTIONS, QUERIES AND COMPLAINTS

• 12.1. Please direct all objections, queries and complaints to our Information Officer, who’s details are set out in our PAIA Manual. You can access it here: PAIA MANUAL.
• 12.2. If you wish to lodge an objection to any aspect of our processing of your personal information, please make use of the following objection form: objection form.
• 12.3. Our Information Officer will:
  • 12.3.1. Ensure that we comply with these terms and all provisions of POPI, ECTA and PAIA;
  • 12.3.2. Receive, process and deal with any query and complaint, as required; and
  • 12.3.3. Provide assistance to the Regulator, when needed.
• 12.4. Should you wish to direct a complaint directly to the Regulator, you may do so on the form you can find here: complaint form
• 12.5. The Regulator’s details are as follows: The National Information Regulator JD House 27 Stiemens Street Braamfontein Johannesburg 2001 Complaints.ir@justive.gov.za

13. OWNERSHIP

• 13.1. Unless otherwise indicated, this App and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this App are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Koer or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws.
• 13.2. The posting of any such elements on this App does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this App. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
• 13.3. Permission is hereby granted to the extent necessary to lawfully access and use this App and/or information, products and/or services available on it to display, download, archive and print in hard copy, portions of this App, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use.

14. TRADEMARKS

The marks KOER and the KOER logo are pending trademarks and are the exclusive property of Koer. The unauthorized use of these marks in trade, or marks considered to be confusingly similar thereto in law, is strictly prohibited and may result in action based on trademark infringement, passing-off or unlawful competition being taken against you.

15. HYPERLINK DISCLAIMER

• 15.1. This App may contain links and/or advertisements to other apps and websites maintained by unrelated companies and persons (“Third-Party Sites”). An advertisement of, or link to, a Third-Party Site does not mean that we approve, endorse or accept any responsibility for that Third Party Site, its content or use, or the use of products and services made available through such Third-Party Site.
• 15.2. Koer is not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such Third-Party Site, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such Third-Party Site.
• 15.3. Such Third-Party Sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any apps or sites which you may access through this App, the content thereof, or the products and/or services made available through such sites/apps. If you decide to leave our App and access these other sites/apps, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such sites/apps will apply.

16. LINKS FROM OTHER APPS

• 16.1. Any link to this App without our written permission is prohibited. Notwithstanding authorisation to link to this App, linking to any page other than the home page is prohibited. Persons providing access to this App via link from another site/app are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source site/app and for any representations made or impressions created concerning Koer.
• 16.2. Authorisation by us to link to this App is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this App at any time and for any reason.
• 16.3. Anyone providing access to, or information relating to this App, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

17. COMMUNITY RULES

By using the Service, you agree that you will not:

• 17.1. use the Service for any purpose that is illegal or prohibited by this Agreement.
• 17.2. use the Service for any harmful or nefarious purpose
• 17.3. use the Service in order to damage Koer
• 17.4. violate our Community Guidelines, as updated from time to time.
• 17.5. spam, solicit money from or defraud any users.
• 17.6. impersonate any person or entity or post any images of another person without his or her permission.
• 17.7. bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
• 17.8. post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• 17.9. post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• 17.10. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• 17.11. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• 17.12. use another user’s account, share an account with another user, maintain more than one account, or use an account to represent more than one person.
• 17.13. create another account if we have already terminated your account, unless you have our permission.
• 17.14. share personal contact information or links to external sites or services on your public profile.
• 17.15. promote any business or service without our explicit permission.

18. NO WARRANTIES

• 18.1. Any views or statements made or expressed on this App are not necessarily the views of Koer, its affiliates, subsidiaries, holding companies, partners, employees, officers, servants or agents. Any statements we may make or advise we may give on the App should not be considered as any professional advice of any sort and we accept no liability should you act on such advice to your detriment.
• 18.2. This App is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, Koer, its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise.
• 18.3. Without limiting the foregoing, Koer, its affiliates, service providers and licensors do not represent or warrant to you or your company and Koer, its affiliates, service providers and licensors hereby disclaim:
  • 18.3.1. all warranties of merchantability, fitness for a particular purpose, title and non-infringement;
  • 18.3.2. warranties relating to delays, interruptions, errors, or omissions in the operation of this App or any part of it;
  • 18.3.3. warranties relating to the transmission or delivery of this App or its availability at any particular time or location;
  • 18.3.4. warranties relating to the Use, validity, accuracy, currency or reliability of, or the results of the Use of this site or any information published on this site; and
  • 18.3.5. warranties relating to Apps to which this App is linked.
• 18.4. Any representation or warranty, which is not recorded in these Terms of Use, is specifically excluded and the User may not rely thereon in any manner and Koer, its affiliates, service providers and licensors accepts no responsibility for any losses the User may incur as a consequence of using the App.
• 18.5. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this App or any App with which it is linked.

19. EXCLUSION OF LIABILITY

• 19.1. To the fullest extent permitted by applicable laws, Koer excludes liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this App or any App with which it is linked.
• 19.2. You assume total responsibility for establishing such procedures for data back up and virus checking as may be necessary.
• 19.3. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis.
• 19.4. We do not seek to exclude or limit liability for fraudulent misrepresentation.

20. INDEMNITY AND RELEASE

You agree to indemnify, release and hold Koer, as well as our officers, directors, agents, representatives and employees, harmless from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this App or any of the information, materials, products or services available through this App.

21. MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this App (or any portion thereof) and/or the information, materials, products and/or services available through this App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this App.

22. ENTIRE UNDERSTANDING

• 22.1. These Terms of Use and any documents incorporated by reference contain the entire understanding between you and Koer with respect to this App and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
• 22.2. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

23. WAIVER

• 23.1. Koer's failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right and any and/or all waivers must be in writing.
• 23.2. Unless the written waiver contains an express statement to the contrary, no waiver by Koer of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

24. LAW & JURISDICTION

• 24.1. The App is controlled and operated by Koer from its offices within the Republic of South Africa and make no representation that the information contained herein is appropriate or available for use in other locations outside South Africa
• 24.2. The law in certain countries other than South Africa may prohibit the Use of this App or information products and/or services on this App or jurisdictions and you are responsible for compliance with any applicable laws of the country from which you are accessing this App.
• 24.3. You agree that the laws of the Republic of South Africa shall govern any controversy or claim of whatever nature arising out of or relating to the Use of this App, without regard to any conflict of law provisions, and you hereby irrevocably consent and submit yourself to the personal jurisdiction of the courts of the Republic of South Africa for all such purposes.
• 24.4. The foregoing notwithstanding, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.