Terms of Service

Last updated: July 2024

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR UTILISING ITS SERVICES. YOUR CONTINUED BROWSING/USE OF THIS WEBSITE AND/OR UTILISATION OF ITS SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT BROWSE/USE THIS WEBSITE AND/OR ITS SERVICES IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE. 

1. Introduction 

1.1 The website www.pumpkn.io and Web Application, as relevant (both referred to as “the Website”) is operated and/or owned by AG Digital Venture (Pty) Ltd (registration number: 2022 / 434429 / 07) (hereinafter referred to as "Pumpkn", "we", “our" or "us"). The Terms herein are entered into by and between Pumpkn and the Browser/User. Any reference to "Pumpkn", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers, licensors and suppliers. 

1.2 These terms, including any document or policy incorporated by reference herein (collectively, the "Terms") apply to any Browser/User who uses any one or more of the services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, "you" or "your").  

1.3 Accessing and/or use of the Website and/or its services will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. 

1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website and/or its services.

2. Terminology 

2.1 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the services offered by us; 

2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa; 

2.3 "Party” or “Parties” shall mean Pumpkn and/or the Browser/User as the context implies; 

2.4 “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User; 

2.5 “Services” shall refer to the services provided by us to the Users as set out in clause Clause 4 below; 

2.6 “Terms” shall mean these Terms of Service; and 

2.7 “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services. 

2.8 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

3. Your agreement to these Terms 

3.1 Subject to, and on the basis of a Browser’s / User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access. 

4. Description of our Services 

4.1 Pumpkn is a registered Credit Provider in terms of the National Credit Act no. 34 of 2005 (“NCA”). Our services, accessed via the Website, include the provision of access to short-term business loans for Small and Medium-sized Enterprises (“SME’s”) and the facilitation of access to a range of financial products through our lending partners. 

4.2 The provision of our Services is subject to the terms and conditions of the lending contracts that Users are obligated to enter into in order to make use of the Services.

4.3 We reserve the right, but are not obligated, to limit the provision of our Services to any User, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to amend the Services that we offer, at our sole discretion. We reserve the right to discontinue the offering of any of our Services, at any time.

5. Eligibility and Registration of Accounts  

5.1 Only Users may make use of the Services offered through the Website.

5.2 To register for a User account (an "Account"), go to the Website, click “Apply Now” and provide the requested information.  By registering, you represent and warrant that (a) You are eligible for an Account as set forth in these Terms; and (b) the information you include as part of the registration process is accurate and not misleading.  Accounts may be created and used only by (i) individual, independent adults who are eighteen (18) years or of legal age in their country of residence if such age exceeds eighteen (18) and (ii) individuals with the right and authority to act on behalf of the entity for which they purport to act for the purposes of using the Services provided on the Website.  

5.3 Upon obtaining an Account, you shall have access to the Services as specified on the Website and/or in clause 4 above, as provided by Pumpkn from time to time and in our sole discretion.  We may add, delete or change some or all of the Services provided as part of the Account at any time.  You will be notified of any changes and given the option to continue to use or to terminate your Account.  You may not transfer or share your Account with anyone.

5.4 As a registered User, you further agree to update your personal information as and when there is any change in such information. You also accept the Terms of our Privacy Policy which is incorporated, by reference, into these Terms

5.5 You hereby agree that we may contact you on your email address or via Whatsapp with personal communications related to your account, including but not limited to queries, requests, notices and updates.  You will be able to opt out of any future electronic communication as and when you may wish to do so, save to the extent necessary for us to deal with any Contract or Agreement.

5.6 In order to comply with regulatory requirements, we may request additional documents relating to the User, its beneficial owners, or a specific Payment Operation before permitting the User full access to the Website at any time during the term of the service. 

5.7 We reserve our right to revoke accounts immediately, if we suspect fraud, misleading activities, or dishonest practices in relation to any User account.

5.8 In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at support@pumpkn.ioxxxx. 

6. Service Provision Process 

6.1 Upon the creation of an account with us, Users will be guided through the service provision application process and further processes, step by step, via the Website and/or any other communication channels that we may use, at our discretion.

7. Warranties by the User 

7.1 The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.  

7.2 The User further warrants that when registering on the Website or engaging us, it: 

7.2.1 is not impersonating any person; and 

7.2.2 is not violating any applicable law regarding use of personal or identification information. 

7.2.3 Further and insofar as the Registration Process is concerned, the User warrants that the login details shall: 

7.2.3.1 be used for personal use only; and 

7.2.3.2 not be disclosed by a User to any third party. 

7.3 The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the login details is unauthorised or fraudulent, the User will be liable for payment of any actions taken thereafter, inclusive of any signing of tick-box contracts.

8. Warranties by Pumpkn 

8.1 We make no representation or warranty (express or implied) that the Website or Services will: 

8.1.1 meet a User’s needs; 

8.1.2 be accessible at all times; 

8.1.3 be accurate, complete or current; or 

8.1.4 be free from viruses. 

8.2 Subject to any express terms, Pumpkn makes no representation or warranty as to the volume or subject area of the Services accessible through the Website. 

8.3 Except for any express warranties in these Terms, the Services are provided “as is”. Pumpkn makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website. 

8.4 Pumpkn does not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy. 

8.5 Pumpkn shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Pumpkn. While a User may have statutory rights, the duration of any such statutory warranties, will be limited to the shortest period to the extent permitted by required law. 

8.6 Pumpkn further provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements and/or achieve any intended results, including, but not limited to the receipt of funding. It is also herein recorded that we are not responsible for any funding decisions made by third parties.

9. Unauthorised use of the Website, email addresses and Services as provided by us 

9.1 A User or Browser may not use the Website for any objectionable or unlawful purpose. 

9.2 A User, apart from uploading Personal Information as required when completing the Registration Process, or any part of the Service process journey,  may also, after the contracting for Services, add a review or comment relating to the Services.

9.3 We reserve the right to remove any such review in the event that same is untrue, inflammatory, malicious or defamatory.

9.4 A User or Browser undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques. 

9.5 A User or Browser shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us. 

9.6 A User or Browser may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent. 

9.7 A User or Browser may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails and/or other communication channels. 

9.8 A User or Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website and the Services. 

10. Links to other Websites 

10.1 The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website, as further alluded to in our Privacy Policy. 

11. Limitation of Liability and Indemnity 

11.1 The Website shall be used entirely at a User’s own risk. 

11.2 We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance. 

11.3 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email or other means will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue. 

11.4 A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements. 

11.5 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website. 

11.6 You expressly agree that your use of, or inability to use, the Website or Services is at your sole risk. 

11.7 In no case shall Pumpkn be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Website or Services or for any other claim related in any way to your use of the Website or Services, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Website or Services.

11.8 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.  

12. Copyright 

12.1 Pumpkn and the contents of the Website are the property of Pumpkn, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws. 

12.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the exceptions under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

12.3 Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion. 

12.4 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers. 

13. Intellectual Property 

13.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us. 

13.2 We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

13.3 All intellectual property relating to the subject matter of these Terms, inclusive of copyrights (as per clause 15 above), trademarks and any other intellectual property rights, in and to any of the content of the Website or the Services, where not evidently that of third parties, are the exclusive property of Pumpkn. 

 

14. Breach 

14.1 If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.  

15. Termination

15.1 At any time and with or without cause, Pumpkn may immediately terminate either these Terms or any or all rights and privileges granted to the User herein, including suspending a User’s access to and/or use of the Website and/or the Services provided by Pumpkn. In no event shall any such termination or suspension by Pumpkn relieve the User of any obligation that has accrued under these Terms prior to the date of such termination or suspension.

15.2 A User may terminate these Terms at any time by ceasing to enter the Website and using the services.

15.3 On any expiry or termination of these Terms, Pumpkn may delete any websites, web pages, files, graphics, media or other content or material relating to Users use of the Website and/or the Services provided and Pumpkn shall have no liability to the User or any person for doing so.

15.4 The expiry or termination of these Terms shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

 

16. Dispute Resolution

16.1 Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing. 

16.2 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred. 

16.3 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA. 

16.4 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

16.5 The arbitration shall be held – 

16.5.1 at/in Western Cape, virtually or any manner or venue agreed by the parties in writing; 

16.5.2 in English; and 

16.5.3 immediately and with a view to its being completed within 21 (twenty one) days after it is demanded. 

16.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:

16.5.4.1 shall be final and binding upon them; 

16.5.4.2 shall be carried into effect; 

16.5.4.3 may be made an order of any court of competent jurisdiction. 

16.6. It is herein recorded that the rest of clause 19 above does not apply when it comes to any debt contractually due and owing by a User to Pumpkn based on entering into a contract for Services. In that event, clause 14 (Breach) applies and Pumpkn is entitled to pursue any debt collection measures as per what the law dictates.

17. Assignment, Cession and Novation:  

17.1 We may assign, cede or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign, cede or novate any of his/her/its rights. 

18.  Force Majeure: 

18.1 The failure of either Party to fulfill any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event. 

18.2 During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.  

19. Severance 

19.1 If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. 

20. Domicilium Citandi Et Executandi and Contact Information 

21.1 The User and Pumpkn choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following: 

21.1.1 Pumpkn: The Heritage, Rosebank Firestation, 16 Baker Street, Rosebank, Johannesburgxxxx. Email: contact@pumpkn.ioxxxx 

21.1.2 User: The addresses as provided when registering on the Website. 

21.2 Both the User and Pumpkn may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such 

change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium. 

21.3 All notices to be given in terms of these Terms will: 

21.3.1 be given in writing; 

21.3.2 be delivered or sent by email; and 

21.3.3 be presumed to have been received on the date of delivery.

22. Protection of Personal Information

22.1 Pumpkn commits to respect your privacy and ensure the lawful processing of all of your personal information as defined in and in line with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).

22.2  By accepting these Terms, you also undertake to comply with all of the applicable prescripts and requirements of POPIA, as may be relevant to you.

22.3 Pumpkn’s Privacy Policy is incorporated, by reference, into these Terms.

23. NCA Compliance 

23.1 Pumpkn is a registered credit provider under the NCA. Our registration number is xxxx, assigned by the National Credit Regulator.

23.2 The prescripts of the NCA are applicable to our Services.

24. General 

24.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall, subject to the dispute resolution provisions above, be adjudicated by competent South African courts having the requisite jurisdiction to hear the matter. 

24.2 Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Western Cape or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference. 

24.3 This Agreement constitutes the entire Agreement between the Parties

Terms of Service

Last updated: January 19, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Delaware, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pumpkn Inc. represented in South Africa by its fully-owned subsidiary Ag-Digital Ventures (Pty) Ltd, Network Space, Suite 8, 1 Sturdee Avenue, Rosebank, Gauteng (RSA), 2196.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website and the pumpkn.io Web Application (WebApp).
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Pumpkn.io, accessible from <https://pumpkn.io/>
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the areement that operates between You and the Company. These Terms andConditions set out the rights and obligations of all users regarding the useof the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Funding Application

Upon submitting the funding application, you grant Pumpkn permission to assess your financial reliability and creditworthiness. This may include obtaining credit reports and other relevant financial histories. Please be aware that any default in payment may be reported to credit bureaus. In certain instances, providing your ID Number might be necessary to facilitate these credit checks.

Should you believe that Pumpkn has incorrectly reported information about your account to a credit bureau, you reserve the right to inform us. Please communicate your concerns to our Customer Service team at support@pumpkn.io and include:

(i) Your name and account number,

(ii) Your registered service address,

(iii) A detailed explanation outlining why you think the reported information about your account is inaccurate.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability  

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law  

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution  

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance  

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability  

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver  

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any

Translation Interpretation  

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions  

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: info@pumpkn.io
  • By mail: Network Space, Suite 11, 1 Sturdee Avenue, Rosebank, Gauteng (RSA), 2196