Terms & Conditions

Here are our terms and conditions. Please contact us here, if you have any other questions. Thanks for connecting. The Kadas terms & conditions (13 August 2018) provide a guideline to help you understand Kadas, as well as your own obligations and responsibilities whilst using the Kadas Platform. User Agreement: Kadas.co.za Kadas is a cloud-based platform allowing customers to post a task, edit task, apply for leaves or loans, clock in and out and generate reports, connect with Head of Departments (HOD). Kadas allows an accessible Human Resources, Administration and Performance management. Please read these terms and all policies including the Privacy Policy and the community guidelines carefully before using the Kadas Platforms. These policies are incorporated into this agreement by reference.

For purposes of this Agreement, the following terms shall have the following meanings:

• “Kadas” as stipulated, shall be known as Kadas.
• “Services” means any and all services specified in the Scope of Kadas.
• “Fees” means the transaction fees, charges, or purchase consideration that the User will pay to TradeSafe in respect of escrow Services provided by the Platform;
• d. “Parties” collectively refers to all legal persons that form party to the transaction and can include:
  • the Buying Party;
  • the Selling Party;
  • other beneficiaries that are Party to the transaction and require payment i.e. sub-agents, advisors or consultants, lawyers, delivery companies etc

• Kadas provides a commercial HR management Platform that allows for small to medium size businesses to manage their staff compliment through the use of a cloud-based application. This enables the business to run smoothly with regards to their HR function on all aspects of both office employees and site employees
• Kadas has multiple functionalities, mainly:
  • Profile Setting: through web-based platform, the administration can add or remove new staff members, they can add their information on it; that include, their name and surname, phone number, their addresses, their email addresses, their picture, etc. On the mobile application, staff can then register on their profile created by their companies. They can add their profile picture, change password and update settings
  • Tasks Allocation: employees can post their tasks on their own application platform. They can view their past tasks (completed and pending), enter new tasks, view future tasks, view tasks assigned to them by HOD and they can upload documents. Therefore, HOD can assign tasks to their team. Employees can check a task as complete or can edit or delete it.
  • Leave Application: staff can apply on their mobile application for a leave request with details on their leave type, reason for leave, the date and time of leave. They then can check the status of the leave request (rejected, approved or pending).
  • Loan Application: staff can apply on their mobile application for a loan request with details on their loan type, loan amount, deduction amount, the date and time. They then can check the status of the loan request (rejected, approved or pending).
  • Time and Attendance: staff can now clock in or out from their work and lunchbreaks to register timings and location.
  • Ticketing System: there are both internal and external; internal, when an employee encounters a problem within the company, they can request a ticket from the department responsible to solve it. The problem will be forwarded to HOD too. When the ticket’s turn comes, their problem will be communicated within the company. External, a ticket will be sent from the company to Kadas in which they will receive a ticket for their turn to solve their problem, when it is their ticket turn, their problem will be communicated with us.
  • Reporting System: a daily and weekly report can be generated according to performance on Kadas, in terms of tasks (completed and pending), attendances and leaves. Can be downloaded as a document.
• Other functionalities that are available include adding events to calendar by HOD and team members. After any of the abovementioned functions have been carried out, an email will be sent to employee notify action taken on their profile.
• Kadas allows HR professionals to manage multiple aspects of the workforce and workflow such as administration, performance, attendance, leaves, payroll and submissions, and more through their web-based platforms.
• On web-based platform, the company can add departments and assign staff to their HOD.

• Kadas provides the Kadas Platform only, enabling companies and staff to manage their day-to-day tasks and administration work.
• Kadas only permits individuals over 18 years of age to become users.
• Users must be a minimum of two people within business entities. Kadas can provide demo or premium packages but it can be custom-designed for the company-customer.
• At its absolute discretion, Kadas may refuse to allow any company or person to register or create an account with Kadas or cancel or suspend any existing account.
• Registering and creating an account with Kadas is not free, the pricing guide are listed on Site; however, the Kadas platforms can be branded for the company at a sales price. There are no extra charges on company or any member to work on platforms after payments have been made.
• KADAS accepts no liability for any aspect of the company-customer and their staff interaction, including but not limited to the tasks, leave or loan requests or attendances.
• Except for liability in relation to any Non-Excludable Condition, the Kadas Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implications of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law
• Kadas has no obligation to any user to assist or involve itself in any dispute, although we may do so to improve user experience.

You will at all times:

• comply with this Agreement (including all Policies) and all applicable laws and regulations;
• only post accurate information on the Kadas Platform;
• promptly and efficiently perform under a Kadas contract;
• ensure that you are aware of any laws that apply to you as a company-customer or staff member, or in relation to using the Kadas Platform.
• You agree that any content (whether provided by Kadas, users or a third party) on the Kadas Platform may not be used on third party sites or for other business purposes without Kadas's prior permission.
• You must not use the Kadas Platform for any illegal or immoral purpose.
• You must maintain control of your Kadas account and must not deal your account in any way, including: allowing others to use your account, or by transferring or selling your account or any of its content to another person.
• You grant Kadas an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Kadas Platform for the purpose of publishing material on the Kadas Platform and as otherwise may be required to provide the Kadas Service, for the general promotion of the Kadas Service, and as permitted by this Agreement
• You agree that any information posted on the Kadas Platform must not, in any way whatsoever, be potentially or actually harmful to Kadas or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Kadas.
• Without limiting any provision of this Agreement, any information you supply to Kadas must be up-to-date and kept up to date and must not:
• be false, inaccurate or misleading or deceptive;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
• violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
• be defamatory, libellous, threatening or harassing;
• be obscene or contain any material that, in Kadas's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
• ontain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Kadas Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
• The Kadas Platform may engage location-based or map-based functionality. The Kadas Platform may display the location of members of the company to company and HOD engaged in supervision on the Kadas Platform.
• If You are a User, you must have the right to provide work under a Kadas contract and to work in South Africa. You must meet the requirements assigned to you, otherwise, you will not be granted access to Kadas platforms.
• Users and Company-Customer must comply with the Kadas contract, unless the actions are prohibited by law, this Agreement, an agreement between the Users and a Third-Party Provider or by any of our Policies.
• If Kadas determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to terminate the use of the Kadas Service or cancel or suspend your account and/or any Kadas contracts.
• KADAS indemnifies itself from failures in performance of the Company-Customer or its users and third parties.
• Each Kadas partner is responsible to declare and file their own personal / entity taxes, VAT and any other legal obligation.

• Kadas may use Identity Verification Services.
• You agree that Kadas Identity Verification Services may not be fully accurate as all Kadas Services are dependent on User-supplied information and/or information or verification services provided by third parties.
• You are solely responsible for identity verification and Kadas accepts no responsibility for any use that is made of a Kadas Identity Verification Service
• Kadas Identity Verification Services may be modified at any time.
• The Kadas Platform may also include a User-initiated feedback system to help evaluate Users.

• You can complain about any issue made on the Kadas Platform by contacting Kadas via information on Site’s Contact Us
• Kadas is entitled to suspend or terminate Your account at any time if Kadas, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback to be problematic for other Kadas Users.

• Kadas's Privacy Policy, which is available at here, applies to all users and forms part of this Agreement. Use of the Kadas Platform confirms that you consent to, and authorize, the collection, use and disclosure of your personal information in accordance with Kadas's Privacy Policy.
• Sharing of contact details and direct contact between Company users is only limited by Company and in contravention of the agreement and term and conditions.

• Kadas reserves the right to adjust and/or change and aspect of the Terms and Conditions. All Kadas users will be notified before affected to the Terms and Conditions.
• Kadas may modify this Agreement or the Policies (and update the Kadas pages on which they are displayed) from time to time. Kadas will send notification of such modifications to your Kadas account or advise you the next time you log in.
• When You actively agree to the terms (for example, by clicking a button saying, "I accept") or use the Kadas Platform in a manner, including engaging in any acts in connection with a Kadas contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to you.
• If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Kadas who will terminate your Kadas account and stop using the Kadas Services. Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any Kadas Policy cannot be amended except in writing signed by Your and Kadas.

• No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Kadas, its related entities or affiliates in any way whatsoever.

• Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Kadas's contact address as displayed on the Kadas Platform, or to KADAS Users' contact address as provided at registration. Any notice shall be deemed given:
  • if sent by email, 24 hours after email is sent, unless the user is notified that the email address is invalid, or the email is undeliverable, and
  • if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside South Africa. In this section, "Business Day" means a day on which banks are open for general business in South Africa, other than a Saturday, Sunday or public holiday.

• Kadas encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Kadas may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
• Kadas may provide access to a Third-Party Dispute Service. If such a service is provided, either party may require the other party to submit to the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Kadas confirms that Third Party Dispute Service is a Third-Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.
• Disputes with any Third-Party Partner Agent must proceed pursuit to any dispute resolution process set out in the terms of service of the Third-Party Partner Agent.
• If You have a complaint about the Kadas Service, please contact us at complaints@kadas.co.za
• If Kadas provides information of other Kadas Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Kadas against any claims relating to any other use of information not permitted by this Agreement.

• Either You or Kadas may terminate your account and this Agreement at any time for any reason.
• Termination of this Agreement does not affect any performances that has been made on Kadas by Users. If You have entered a Kadas contract You must comply with the terms of that Kadas contract
• Sections related to Fees, Limitation of Liability and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
• Violations of the Terms and Conditions may lead to termination of your account and Kadas reserves its legal rights therein.
• If Your account or this Agreement are terminated for any reason, then You may not without Kadas's consent (in its absolute discretion) create any further accounts with Kadas and we may terminate any other accounts You operate.

• This Agreement is governed by the laws of South Africa. You as the user, and Kadas submit to the exclusive jurisdiction of the courts of South Africa
• The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
• This Agreement may be assigned or novated by Kadas to a third party without your consent. In the event of an assignment or novation you, the User will remain bound by this Agreement.
• This Agreement sets out the entire understanding and agreement between you, the User and Kadas with respect to its subject matter.

• This Kadas contract is created when the Company-Customer starts using Kadas
• This Contract will continue until terminated in accordance with clause 6.

• Each user warrants that the information provided in the creation of this Kadas contract is true and accurate.
• The user warrants that he/she has the right to work and hold relevant licenses in South Africa.
• The parties incorporate the Consumer Guarantees into this Kadas contract, even if they are not already incorporated by law.

• Upon the entering into and accepting this Kadas contract, the company-customer must have already made their payment in the Designated Payment Gateway Account

• Except for liability in relation to a breach of a Non-Excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the use of its users, and any claims by any third person, or this Kadas contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
• The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the job Payment.

• Except for liability in relation to a breach of a Non-Excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the use of its users, and any claims by any third person, or this Kadas contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
• The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the job Payment.

• If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation.
• If the parties are unable to resolve the dispute in accordance with clause 5.1, either party refer the dispute to the Third-Party Dispute Service and act in accordance with the Third-Party Dispute Service's terms and conditions.

• This Kadas contract will terminate when:
  • the use of Kadas has not been paid for
  • a party is terminated or suspended from the Kadas Platform, at the election of the other party;
  • when otherwise agreed by the parties or the Third-Party Dispute Service; or
  • notified by Kadas in accordance with the party's Kadas Agreement.

• The parties incorporate by reference the applicable Policies.

• This Kadas contract is governed by the laws of South Africa. The parties submit to the exclusive jurisdiction of South Africa.

• "Agreement" means the most updated version of the agreement between Kadas and you, the User.
• "Kadas" "we" "us" "our" means Kadas or Sobek IT (Pty) Ltd.
• "Kadas Platform" means the Kadas website www.kadas.co.za, Kadas smartphone app, web-based platform, cloud-based platform and any other affiliated platform that may be introduced from time to time.
• "Kadas Services" means the service of providing the KADAS Platform.
• "Company" or “Company-Customer” means the company that purchased Kadas to use for their own company staff.
• "Business Partner" means the business or individual that enters into an agreement with Kadas to acquire Business Services.
• "Consequential Loss" means any loss, damage or expense recoverable at law:
  • other that a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
  • which is a loss of:
    • opportunity or goodwill;
    • profits, anticipated savings or business;
    • data; or
    • value of any equipment,
    and any costs or expenses incurred in connection with the foregoing.
• “Payment Gateway Account" is a payment Gateway and its transaction are subject to rules and conditions listed on their sites. Kadas uses www.paygate.co.za
• "Designated Payment Gateway Provider" means an entity that manages the Designated Payment Gateway Account.
• "Fees" means all fees payable to Kadas by company-customer including the Service Fee.
• "Identify Verification Services" means the tools available to help Users to verify the identity members of team including mobile phone verification, References, integration with social media, Kadas Badges and Verification Icons.
• "Marketing Material" means any updates and news in relation to Kadas or its Third-Party Services.
• "Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
• "Policies" means the policies posted by Kadas on the Kadas Platform, including but not limited to the Privacy Policy and Community Guidelines.
• "Service Fee" means the fee payable by the company-customer as consideration for Kadas depending on package choice.
• "Site" means the website at www.kadas.co.za .
• "Removal Notice" means any such request for Kadas to remove content on the Kadas Platform due to a claim of copyright infringement.
• "Kadas contract" means the contract which is formed for the company-customer and its users, the terms of which is including in Appendix A to the Agreement.
• "Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes, the applicable dispute resolution mechanism shall be mediation then arbitration according to rules and regulations of the Association of Arbitrators of South Africa.
• "User" means the person who has signed up to use the Kadas Platform, whether as the Company-Customer, staff member, or otherwise.
• Rules of Interpretation: In the Kadas Agreement and all Policies, except where the context otherwise requires:
  • the singular includes the plural and vice versa, and a gender includes other genders;
  • another grammatical form of a defined word or expression has a corresponding meaning;
  • a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  • a reference to R is to South Africa currency; ZAR.
  • a reference to time is to the time in South Africa;
  • a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity
  • a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  • the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
  • headings are for ease of reference only and do not affect interpretation;
  • any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
  • a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.