DEKKCA TERMS OF USE & SERVICES
PLEASE READ THESE TERMS CAREFULLY WHEN USING OR ACCESSING THE DEKKCA WEBSITE (“Website”) PLATFORM OR SERVICES (“Services”).
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, BY CLICKING THE “SUBMIT” OR “ACCEPT” OR “BUY” OR “SELL” BUTTONS ON OUR WEBSITE OR RELATED TO OUR SERVICES, YOU AND/OR ANY ENTITY (the “User”) USING THIS WEBSITE AND SERVICES, REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE WEBSITE AND SERVICE AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS, AND (iii) YOU HAVE READ AND UNDERSTOOD THE RISKS OF TRADING AND /OR HOLDING CRYPTO ASSETS AS SET OUT HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CREATE AS USER ACCOUNT AND MUST CEASE USING THE SERVICES WE OFFER.
THE USER ACKNOWLEDGES AND ACCEPTS THAT THE SITE TERMS ARE LEGALLY BINDING AND ENFORCEABLE AND AMOUNTS TO A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND DEKKCA, WHICH IS A COMPANY INCORPORATED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA.
1. The Platform and Services
1.1. The terms and conditions of the website ("Site Terms") apply to any individual (acting personally or on behalf of an entity) who registers and opens a User Account ("Account") on www.dekkca.com or any associated mobile applications hosting the Platform and Services. The User agrees to comply with the Site Terms as long as the User has an Account.
1.2. The Platform allows individuals or juristic entities who sign up to use our Services to buy or sell crypto assets ("Crypto") listed on our Platform ("Services").
2. Acceptance of Terms
2.1. The User acknowledges and accepts that the Site Terms are legally binding and constitute a legally binding agreement between the User and Dekkca,
2.2. The User acknowledges that it is solely responsible for understanding and complying with all applicable laws and regulations in its jurisdiction regarding the use of the Website, Application, Platform, Services, and Account. These laws may include but are not limited to the relevant financial industry regulations, taxes, and other statutory laws that find applicability in relation to the Services (“Laws”).
2.3. Dekkca reserves the right to delay or refuse any transaction if there are reasonable grounds to suspect fraud, suspicious activity, suspicious transactions and/or illegal activity, or if a technical error may have occurred in respect of the Services. Dekkca shall not be liable to the User in such circumstances where a transaction delay or non-completion occurs.
3. Registration and Eligibility
3.1. To utilize the Platform and Services, you must register and create an Account in accordance with the Platform's requirements:
3.2. You may only create an Account if:
3.2.1. You are at least 18 years old, or if under 18, you can provide evidence of parental/guardian permission to use the Services.
3.2.2. You provide accurate, complete, and truthful information and documentation as required during our Account creation process.
3.2.3. You provide the required FICA [LB1] and KYC (Know Your Customer) documentation for verification purposes, which include a valid identity document or passport, proof of address, email address and any additional information required by Dekkca.
3.2.4. You agree to provide true, accurate, and current information to our authorized compliance officer for onboarding and verification purposes, complying with applicable Know Your Client (KYC) and anti-money laundering legislation.
3.2.5. You consent to us contacting you telephonically or via email about your Account and your User profile (including to verify the personal information [LB2] and any other information that you have provided to us in your Account and User profile) or the Services.
3.2.6. If deemed necessary, you acknowledge and agree to our authorized compliance officer conducting enhanced due diligence and verification checks, including full KYC processes and screening checks:
3.2.6.1. Your Account is integral to the Services and may be used to access your customer data. You are solely responsible for maintaining the confidentiality of your Account and password and accept responsibility for all activities under the Account. By creating an Account, you authorize Dekkca to use your personal information for identity verification purposes.
3.2.6.2. Dekkca conducts all Services and handles User personal information in strict compliance with relevant legislation, including the Protection of Personal Information Act and Financial Intelligence Centre Act and Regulations.
3.2.6.3. If we are not satisfied with verification outcomes, we may, in our sole discretion, refuse to open or terminate your Account based on internal policies.
3.2.6.4. You must promptly report any unauthorized access or use of your Account or breaches of our Platform by submitting a support request on our website or within the App.
3.2.6.5. You acknowledge that anyone accessing your Account can enter into transactions on your behalf, and Dekkca has no obligation to verify such instructions.
3.3. Importantly, you agree that you will:
3.3.1. Not to share your password or security-related information;
3.3.2. Not to permit others to use or access your Account;
3.3.3. To notify us of any unauthorized Account use; and
3.3.4. To maintain only one Account and not register under multiple personas.
3.4. By registering, you warrant and represent that:
3.4.1. You have the legal capacity to enter transactions and be bound by these Terms and the Privacy Policy;
3.4.2. You will open only one Account in your name;
3.4.3. You will not use your Account for third-party transactions without providing necessary documentation;
3.4.4. You will not attempt or aid unauthorized Account access;
3.4.5. you will provide security for transactions carried out through your Account. You will ensure that there is sufficient local currency or Crypto (as the case may be) in your Account in advance of any transaction;
3.4.6. You will secure transactions through your Account and maintain sufficient funds;
3.4.7. Deposits and withdrawals will adhere to prescribed requirements;
3.4.8. you will not use your Account for or in relation to any illegal activity, in violation of any laws, statutes, directives or regulations, or in breach of the Site Terms.
3.5. Risks of Trading and/or Holding Digital Currencies:
3.5.1. Prior to utilizing our Platform and Services, users must comprehensively understand and evaluate the risks associated with Crypto.
3.5.2. Users are obligated to ensure they comprehend the risks involved in purchasing, selling, or trading Crypto before utilizing the Platform, App and Services. Given the volatility of cryptocurrency markets, prices can fluctuate significantly, potentially resulting in sudden and substantial changes in the value of their deposits and transactions.
3.5.3. Users should meticulously evaluate whether their financial circumstances and risk tolerance are suitable for engaging in the buying, selling, or trading of Crypto. Users acknowledge and agree that they bear sole responsibility for any decisions regarding the purchase, sale, trade, or retention of Crypto on the Website and Platform.
3.6. In light of the above, you acknowledge and agree that:
3.6.1. Trading and/or holding Crypto differs significantly from traditional currencies, goods, or commodities. It entails notable and exceptional risks, with potential substantial losses. Individuals should carefully assess whether engaging in Crypto trading or holding aligns with their financial circumstances and risk tolerance, seeking independent financial advice when necessary.
3.6.2. We have not provided advice or recommendations regarding the use of the Platform, App and/or Services, or trading and/or holding Crypto.
3.6.3. Once a transaction involving the transfer of Crypto is completed, it is irreversible due to the immutable nature of blockchain technology.
3.6.4. Unlike traditional currencies, Crypto lacks backing from central banks, governments, or legal entities. Consequently, the value of Crypto is highly volatile and subject to fluctuations influenced by various factors such as market conditions, investor confidence, regulatory changes, and technical issues. Dekkca does not offer warranties or representations regarding the future value of any Crypto and bears no liability for changes in the value of users' portfolios.
3.6.5. Users must exercise utmost caution when handling their private keys associated with Crypto. Unauthorized access to private keys can result in the transfer of Crypto. In the event of forgetting or losing a private key or password, users acknowledge that Dekkca does not retain a record of the private key, cannot provide a backup, and users will lose access to their Crypto.
3.6.6. If users opt to provide Dekkca with an address for Crypto transfers, it is their sole responsibility to ensure the accuracy and validity of the provided wallet address, specifically one based in South Africa[GK3] . Address details are subject to verification and disclosure procedures by Dekkca. Dekkca bears no responsibility or liability for any loss of Crypto resulting from users providing incorrect wallet addresses.
3.6.7. Dekkca does not assume responsibility for providing support, advice, or communication regarding users' Crypto once received by users.
4. Disclosures
You acknowledge and accept that Dekkca does not issue or provide financial products or offer any financial advice as defined by the Financial Advisory and Intermediary Services Act 37 of 2022. Additionally, no offer or disclosure document has been or will be prepared concerning the Services, the Platform, App and/or any Crypto under the relevant statutory legislation and regulations.
5. Appointment
You authorize Dekkca, and Dekkca agrees to act as your agent for purchasing Crypto that you have ordered through your Account on our Platform and or App, in accordance with the Site Terms.
6. User Obligations
6.1. You acknowledge and consent that Dekkca will execute your transactions through the Platform based on your instructions. It is imperative to carefully verify all instructions before placing any orders for Digital Currency. In the event of an error in these instructions, you assume full responsibility and liability for any resulting loss, indemnifying Dekkca from any associated claims. Dekkca does not accept responsibility or liability in such instances.
6.2. The aim of our Platform, App and Service regulations is to streamline and ensure a smooth, secure, and satisfying experience for all users.
6.3. When you use our Platform, App or Services, you warrant and agree that you will:
6.3.1. Always adhere to South African law[GK4] [LB5] [BP6] .
6.3.2. Refrain from interfering with or attempting to compromise our computer systems, including transmitting viruses, worms, or other harmful files.
6.3.3. Avoid using unauthorized automated means, such as robots or scrapers, to access the Platform, Services, or displayed content.
6.3.4. Do not attempt to gain unauthorized access to any part of the Platform or Services, including accessing another person's Account.
6.3.5. Do not attempt to reverse engineer, disassemble, or replicate the Platform's source code, formulas, or processes.
6.3.6. Ensure all information provided to us is current, complete, and accurate, including contact details.
6.3.7. Refrain from engaging in restricted or criminal activities, such as financing terrorist organizations, money laundering, or illegal gambling. This includes involvement in child abuse syndicates, fraud, drug distribution, malicious hacking, or any form of criminal activity.
6.3.8. Do not use the Platform or Services for wire transfers between bank accounts, or any illegal activities in your jurisdiction.
6.3.9. Avoid using the Platform for competitive commercial purposes or activities detrimental to our interests.
6.3.10. Use the Platform and Services solely for exchanging fiat and Crypto on your own behalf, not for others.
6.3.11. Do not employ systematic or repetitive methods that place an unreasonable load on the Platform's infrastructure.
6.3.12. Avoid actions that interfere with or negatively impact the Platform's operation or other users' enjoyment of the Services.
6.3.13. Dekkca encourages users to report any issues or vulnerabilities with our Platform and Services by submitting a support request on our website.
7. Transactions and Service Fees
7.1. To exchange Crypto using the Platform and Services, follow these steps:
7.1.1. Log into your Account.
7.1.2. Select your desired Crypto.
7.1.3. Specify the amount of money you intend to spend on the Platform, up to a maximum order total of R 1,000,000.00 (one million rand) or a lower amount set by us ("Received Amount").
7.1.4. Upon selection, you'll be presented with an estimated rate indicating how much of your chosen Crypto can be purchased[GK7] [LB8] or sold with the Received Amount. Note that this rate is subject to change due to the volatile nature of Crypto and includes applicable fees.
7.1.5. Acknowledge that Dekkca does not accept cash payments.
7.1.6. Agree that Dekkca is authorized to deduct its Service Fees in real-time from the Received Amount you have paid.
7.1.7. Acknowledge that Dekkca may deduct its fees from the Received [LB9] Amount if your Account is terminated or banned due to non-compliance or engaging in prohibited activities, with any remaining balance refunded to you less applicable fees.
7.2. To complete the transaction and exchange the Fiat or Crypto, you must:
7.2.1. Enter an amount of no less than 400 ZAR up to a maximum based on your authorised transaction limit.
7.2.2. Insert your full name, email and mobile phone number as per your verification data.
7.2.3. Enter your Bank account details to receive the funds into.
7.2.4. Confirm your order by clicking the button “Send (Amount) Now”.
7.2.5. Send the exact designated fiat or Crypto amount to the wallet address or bank account we provide to you within 15 minutes.
7.3. You acknowledge and agree that:
We will execute the purchase of any Crypto on your behalf upon receiving:
7.3.1. Confirmation of payment through one of the provided payment options on our site, cleared into our designated bank account or wallet address (details provided upon order confirmation).
7.3.2. Completion of steps outlined in 7.2 and confirmation of payment through our Site, after which the transaction cannot be cancelled or amended by you. You are liable for payment.
7.3.3. We will endeavour to process your transaction promptly, aiming for no later than 1 working day upon confirmation of receipt on our end, depending on the selected payment gateway.
7.3.4. You acknowledge that payment of the Received Amount through our payment gateways may take 24 to 48 hours to reflect in our nominated bank account or wallet address. Nonetheless, we will make reasonable efforts to meet the processing timeline outlined in 7.3.3
7.3.5. The buying, selling or exchange of Crypto on the Platform are considered to occur in South Africa. Upon transaction completion, you are considered to take possession of your Crypto in South Africa, based on the provided wallet details.
7.3.6. Services are subject to exchange fees and rates at the time of exchanging the relevant Crypto on your behalf. These rates may differ from those displayed at the time of order placement. Dekkca bears no responsibility or liability for any changes in exchange fees or rates resulting in value loss during order processing
7.4. We reserve the right to delay, suspend or cancel a transaction if:
7.4.1. we believe the transaction may include, enable or be linked to illegal activity, including the activities outlined above;
7.4.2. there are technical reasons that prevent us from completing the transaction; or
7.4.3. we receive a request from a law enforcement or government agency to do so.
7.4.4. you fail to notify us within 10 working days after you have clicked “SEND NOW” and deposited the Received Amount into our bank account or wallet , that you have not received delivery of your Crypto or Fiat.
7.4.5. We may exercise our rights under clause 8.2.4 at our sole discretion and are not required to provide our reasons for doing so.
8. Transactions On Cryptocurrency Networks
8.1. Dekkca's transactions are documented in the public ledger linked to the respective cryptocurrency. The responsibility for verifying and validating these transactions lies with the cryptocurrency network. Dekkca does not possess the capability to confirm, cancel, or reverse transactions on a cryptocurrency network. Instead, Dekkca informs the User once the relevant network has finalized the transaction.
8.2. The User accepts and agrees that:
8.2.1. After submission to the cryptocurrency network, a transaction is confirmed only when the network obtains sufficient confirmation. Transactions remain incomplete while pending, with associated funds not accessible in the User's wallet until verification occurs.
8.2.2. By initiating a cryptocurrency transfer from the Account, the User authorizes Dekkca to submit a transaction request to the relevant cryptocurrency network. Once submitted, the network autonomously completes or rejects the request, rendering neither the User nor Dekkca capable of cancelling or modifying the transaction.
8.2.3. Cryptocurrency networks are operated by independent Third Parties and are not owned, controlled, or managed by Dekkca. Consequently, Dekkca cannot guarantee the confirmation of transaction details submitted by the User. Users acknowledge the possibility of incomplete or significantly delayed transactions due to the cryptocurrency network's processing.
8.2.4. Dekkca shall not be held not liable under any circumstances for Users sending Crypto to incorrect wallet addresses, incorrect blockchains and or to a previously used wallet address. The user acknowledges that a new wallet address is generated for every new transaction and acknowledges and agrees to hold Dekkca harmless from any loss that may occur due to user errors.
9. Withdrawals
9.1. Withdrawals are executed by Dekkca based on the User's instructions, provided such instructions adhere to Dekkca's withdrawal policy and procedure.
9.2. The User bears sole responsibility for ensuring the completeness and accuracy of any withdrawal instructions provided. The User acknowledges that Dekkca is not obligated to reverse or amend any withdrawal instructions under any circumstances. While Dekkca strives to process withdrawals promptly, no guarantee is provided regarding processing times. The User acknowledges that withdrawals to unverified third-party bank accounts are strictly prohibited. [GK10] [LB11] [BP12]
10. Network Protocols and Operating Rules
10.1. The software protocols governing the functionality of Crypto are open source, allowing anyone to utilize, modify, copy, and distribute them. Dekkca does not own or control these protocols. By using the Website, Platform, App and Services, the User acknowledges and agrees that:
10.1.1. Dekkca is not accountable for the operation of any cryptocurrency network's underlying software protocols and does not guarantee their security, operation, or functionality;
10.1.2. The underlying software protocols may undergo sudden changes in operating rules from time to time, which could significantly impact the value, function, and/or name of any cryptocurrency stored in the User's Account.
11. Service Limits Representations, Warranties and Disclaimers
11.1. No warranties
11.1.1. Services provided in connection with Dekkca are offered "AS IS" without any express or implied representation or warranty. To the fullest extent permitted by applicable law, we expressly disclaim and exclude all implied warranties, representations, and conditions enforceable under statutory and common law.
11.1.2. Dekkca does not warrant that the Platform, App and Services will be free from viruses, malware, or other harmful material. We do not guarantee uninterrupted access to the Platform, App and Services at all times. However, Dekkca will strive to address any issues that may affect User access to the Platform, App and Services.
11.1.3. Dekkca shall not be liable for any direct or indirect loss incurred by the User as a result of actions taken or reliance on material or information contained on or accessed through the Platform, App and Services.
11.1.4. Each warranty provided by the User will be considered separately and will not be restricted by any other warranty or terms in the Site Terms. These warranties will remain in force regardless of the status of the Account and will be deemed material.
11.1.5. Users acknowledge that any transactions conducted using the Platform, App or Services are done at their own risk. Users are solely responsible for the outcomes of their use of the Platform, App and Services. While Dekkca endeavors to ensure the accuracy of information available through the Platform, App and/or Services, Users acknowledge their responsibility to conduct their own research and make informed decisions based on that information.
11.1.6. The Platform, App and Services are provided on an "as is" and "as available" basis, and we expressly disclaim all express warranties and exclude all implied conditions or warranties. We do not provide any guarantees or warranties regarding the Platform, App and Services:
11.1.6.1. We do not provide any warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.1.6.2. We do not guarantee that the Platform, App and/or the Services will be compatible with your equipment.
11.1.6.3. We do not guarantee that the Platform and/or the Services will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that they will be timely or secure.
11.2. You acknowledge that the Platform may not encompass all the information necessary for evaluating whether to invest, use, or trade in a Digital Currency. We do not warrant the accuracy or correctness of information displayed on the Platform, and we disclaim all warranties or guarantees and accept no liability (except as required by law) regarding the statements, representations, and information presented on the Platform.
11.3. You are responsible for independently verifying the accuracy of all information provided through the Platform.
11.4. You affirm that you are fully responsible for any tax obligations that may arise with regulators in your jurisdiction, including any remittances you may be required to make.
11.5. You recognize that there are regulatory limitations regarding exchange control transactions involving the exportation of capital and/or capital rights. You agree not to exploit the Services to circumvent exchange control regulations or any tax obligations unless:
11.5.1. You have informed, applied, and instructed your authorized dealer (e.g., bank) to report the intended transaction to Dekkca as falling within your Single Discretion Allowance of up to R 1,000,000.00 (one million rand).
11.5.2. You have obtained approval from your authorized dealer confirming that the transaction has been reported to the National Treasury and approved.
11.5.3. Dekkca has received evidence from you or your authorized dealer confirming that the intended transaction was reported and/or approved[GK13] [LB14] [BP15] .
12. Termination
12.1. Dekkca retains the right to close, terminate, enable, or disable the Platform, App, Services, and Account at its discretion and without prior notice. Similarly, the User retains the right to close the Account at any time and for any reason.
12.2. The User acknowledges full responsibility for any fees incurred or linked to the closure of the Account, including those associated with Third Parties.
12.3. Furthermore, Dekkca reserves the right to suspend, limit, restrict, or deactivate access to the Platform, App and Services, including the User's Account, at its sole discretion:
12.3.1. In the event of a serious complaint or multiple complaints from third parties, supported by investigation findings, we reserve the right to take action.
12.3.2. Unauthorized access or attempted access to the Platform or another user's Account will result in suspension.
12.3.3. Technical or operational difficulties may lead to temporary restrictions.
12.3.4. Any conduct by you that breaches the Site Terms, as determined by us at our discretion, may result in account suspension.
12.3.5. Use of the Platform for illegal activities, whether intentional or unintentional, will result in account suspension.
12.3.6. Participation in any pending investigation, litigation, or government proceedings may lead to temporary account suspension.
12.3.7. Failure to pay for transactions or fraudulent payment attempts will result in account suspension.
12.3.8. Breach of the Site Terms will lead to account suspension.
12.3.9. Conduct deemed to harm Dekkca's reputation or image may result in account suspension.
12.3.10. Engagement in pyramid schemes, ponzi schemes, or scams will result in account suspension.
12.3.11. Compliance with valid requests from law enforcement or government agencies may lead to account suspension.
12.4. Following the provisions of clause 12, we will make reasonable efforts to restore access to the Platform and Services, including your Account, within 7 days upon demonstrating, in a reasonable manner, that the reason for suspension no longer applies.
13. Limitation of liability
13.1. Under no circumstances will Dekkca be liable to the User for any costs, claims, damages (including, without limitation, indirect, special, punitive, exemplary, or consequential loss or damage), penalties, actions, judgments, suits, expenses, fines, or other amounts sustained or suffered (or threatened) directly or indirectly due to any act or omission in the implementation of these Site Terms of Platform and Services or in the discharge or exercise of obligations or rights by the parties, their employees, agents, professional advisors, or delegates in terms of these Site Terms.
13.2. Dekkca will not be liable to the User for damages in the form of actual, punitive, or Crypto resulting from any malfunction or system error, including technology, internet connection, software, hardware, networks, etc. Additionally, Dekkca will not be liable for losses or damage arising from network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking, or cyber security breaches, including but not limited to:
13.2.1. Data or information corruption or loss;
13.2.2. Transmission of malware to your computer through the Services and/or the Platform;
13.2.3. Interruption, suspension, or discontinuance of the Platform or the Services;
13.2.4. Time delays or differences between the time recorded on our systems and that on your computer or mobile device (as the date and time displayed when using the Services are based on your device's settings).
13.2.5. Despite clause 13 and any other claims under these Site Terms, if Dekkca's conduct amounts to wilful misconduct or gross negligence resulting in loss, cost, damage, or expense arising from your use of the Platform or the Services, our maximum aggregate liability to the User will be limited to 1 % of the total value paid to us in the previous twelve months.
13.2.6. We bear no liability for any lack of performance, unavailability, or failure of the Platform and/or the Services, or failure to comply with these Site Terms due to circumstances beyond our control, including changes in law, regulations, policy, or force majeure events.
14. Indemnity
14.1. You agree to indemnify and hold harmless Dekkca (including our shareholders, directors, members, and employees, to whom this constitutes a stipulation capable of acceptance in writing at any time) from any claim by any third party for costs, damages (including, without limitation, indirect, special, penal, punitive, or exemplary loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines, or other amounts arising from:
14.1.1. Your use of the Platform and/or the Services;
14.1.2. Any action taken by Dekkca under your instruction;
14.1.3. Any breach of these Site Terms or Privacy Policy;
14.1.4. Any information provided by you to us via this Platform;
14.1.5. Liability relating to intellectual property rights and breaches of privacy; and
14.1.6. Any breach of your obligations or duties under these Site Terms..
15. Use of our Platform and Services
15.1. Security
15.1.1. The User acknowledges and agrees that:
15.1.2. the transmission of information over the internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means; and
15.1.3. emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
15.2. Linking
15.2.1. This Platform may contain links to other websites or Services (“Third Party Websites”). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that referral.
15.2.2. We make no representation or warranty as to, and are not responsible or liable for, the Third Party Website, the accuracy, legality, decency or any other aspect of any content that is on that Third Party Website (“Third Party Content”) nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.
15.2.3. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author. The inclusion of a Third-Party Website does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.
15.3. Cookies
We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.
15.4. Supported mobile devices and browsers
15.4.1. For optimum performance, we recommend that you use the latest version of our application and or your current Web browser to access the Platform. It is the intent of Dekkca that all of its Web pages and Web-based applications will work well with Google Chrome and the current stable release of Android mobile operating system and one previous release of the Android operating system.
15.4.2. Web browsers and operating systems that are fully compatible with these browsers and mobile operating systems and older versions of these may also be suitable, but Dekkca does not design or maintain services, or test for browsers that are not listed above.
16. Financial Advice
16.1. No information posted on the Website will constitute financial advice nor do we offer brokerage services, which may include investment advice or portfolio management in relation to our Platform and Services.
16.2. No information from any Dekkca employee, agent or affiliate will constitute financial advice or an offer of Brokerage Services.
16.3. The financial decisions that the User makes are the User’s alone and it is the Users prerogative as to what happens to the Digital Currency and actual currencies. Any tax (or related) matters should be discussed with a professional in your region.
17. Duty to Report
17.1. In accordance with these Site Terms, you acknowledge and accept that as part of our Services, we have a reporting duty to our banking and payment partners in respect of any transactions conducted on our Platform. This reporting responsibility applies to the applicable regulatory authorities of South Africa which includes the Financial Intelligence Centre, SARS, central banks and financial surveillance department.
17.2. in respect of clause 17.1 above, you acknowledge and consent to us disclosing your transaction information and User Data to our banking, payment partners and applicable regulatory authorities regarding the use of our Services.
18. Auditing and Monitoring
18.1. As part of Dekkca's risk management and compliance program (to manage compliance with these Site Terms and any law or requirement by any authority), we reserve the right to:
18.2. review, audit and monitor (manually or through automated means) your use of the Platform and/or the Services;
18.3. take any action we deem appropriate in our sole discretion in accordance with our policies, including suspending or terminating your Account, editing, removing or blocking any content that we deem inappropriate or unacceptable, and in the case of any illegal or suspected illegal activity, reporting any matters to the appropriate authority; and
18.4. access, collect, preserve or disclose information about your use of the Services and/or the Platform (including your communications and content you submit) as is necessary to:
18.4.1. comply with any legal process;
18.4.2. enforce these Site Terms;
18.4.3. respond to any claims or complaints about any content you submit, or act or omissions by you;
18.4.4. respond to your customer service requests; and
18.4.5. protect the rights, property, safety of us, any user or the public.
19. Intellectual Property
19.1. All Intellectual Property Rights in and to the Platform, Application, the Services, and the software and other material underlying and forming part of the Platform and the Services (“Platform Material”) is owned by us (and/or our suppliers and licensors), except where expressly stated otherwise in these Site Terms or elsewhere on the Platform.
19.2. When using this Platform and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use those software, tools or applications only as required for your use of the Platform and the Services and as expressly permitted in these Site Terms.
19.3. You may download and print content from this Platform for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, create derivative works from any part of the Platform or the Services without our prior written consent or otherwise do anything that would infringe our Intellectual Property Rights in the Platform or the Platform Material.
19.4. Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.
19.5. We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this clause 17.
20. Privacy, Recordkeeping & Data Retention
20.1. Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.
20.2. Dekkca shall maintain accurate records pertaining to the User verification documentation and transactions related to the Services for a minimum period of five (5) years from the date of the User’s first transaction or from the date of termination of the Services. Furthermore, Dekkca shall adhere to applicable laws and regulations governing data retention, ensuring the secure storage and confidentiality of such records during the designated retention period. Upon termination or expiration of this agreement, the Parties shall collaborate to appropriately dispose of or transfer the records in accordance with applicable legal requirements and procedures.
21. Force Majeure Event
21.1. This means any event beyond Dekkca’s or the Users reasonable control, including, but not limited to, flood, earthquake, extraordinary weather conditions, or other act of God, fire, war, insurrection, riot, accident, labour dispute, action of government, power failure, communications, failure in bank performance, or software or equipment malfunction, including network splits or unexpected changes in a computer network upon which the Services rely.
21.2. If by reason (in whole or in part) of any Force Majeure Event, either the User or Dekkca are delayed or prevented from complying with this Site Terms or any other terms related to Dekkca and User, then such delay or non-compliance shall not be deemed to be a breach of the Site Terms and no loss or damage shall be claimed by the User or Dekkca by reason thereof.
21.3. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate these Site Terms immediately on written notice while the party’s performance continues to be prevented.
22. Amendments to these Terms
22.1. Dekkca may amend these Site Terms (and the Privacy Policy) from time to time at any time for any reason and this may be done unilaterally by us.
22.2. We reserve the right to amend or modify (“Amendments”) these Site Terms in whole or in part by posting a link to the revised version at least 7 days in advance of the effective date of any amendment on the homepage of our website www.dekkca.com.
22.3. If you continue to use the Platform and/or the Services after the expiry of any notice period, you will be deemed to have accepted the Amendments, which will apply to your use of the Platform and Services going forward. If you do not agree with the Amendments, in whole or in part, you must not access the Platform or the Services.
22.4. Should you not agree with any of the new Site Terms or amendments thereto, the User has the option of deleting the Account with Dekkca.
23. Entire Agreement
The Site Terms, together with the Privacy Policy sets out the entire agreement between Dekkca and the User, and supersedes all prior representations, written or oral, between with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations.
24. Severability
If any provision of the Site Terms, as amended from time to time, is construed as being illegal, invalid or unenforceable, in whole or in part, under any law, then such provision shall not form part of the whole the Site Terms (or the Privacy Policy). Such invalid terms will be replaced as soon as possible to give effect as close as possible to the intended and original illegal or invalid term(s).
25. General
25.1. These Terms are governed by the laws of the Republic of South Africa, and the User expressly agrees that any and all disputes arising under this Site Terms shall be settled exclusively before courts of competent jurisdiction in the Republic of South Africa
25.2. By using our Platform, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions you conduct through our Services.
25.3. If we do not exercise or enforce any rights available to us under these Site Terms that does not constitute a waiver of those rights.
25.4. You may not assign, transfer and/or subcontract any of your rights under these Site Terms.
25.5. We may provide you with notices, including notices relating to these Site Terms by way of electronic communications, including by email or other electronic communication on the Platform or through the Services.
25.6. For any complaints about our Services, please contact us at [email protected].
25.7. For any other questions about the Platform or the Services, please contact us at [email protected].
25.8. In these Site Terms, (a) words importing the singular include the plural and vice versa; (b) the words “including” means “including but not limited to”; and (c) words importing gender include all genders.