Terms and Conditions

1. Introduction

1.1 This agreement constitutes the Standard Terms and Conditions (STC) and regulates the terms of use of the Kelp Play Website.

1.2 In this agreement, where we use "Us", "We", or "Kelp Play" we mean Kelp Play (Pty) Ltd and where we make reference to "you", we mean you as the user of the Kelp Play Website (this includes the Website and Application/App).

1.3 The STC will be applicable to registered and non-registered users, unless stated otherwise.

1.4 Use of the Kelp Play Website is also subject to our Privacy Policy.

1.5 By using the Kelp Play Website, you agree that you have read, understood and regard the STC and Privacy Policy as binding on you.

2. Important Notice

2.1 These STCs apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA"), where applicable.

2.2 These STCs contain provisions that appear in similar text and style to this clause and which:

• 2.2.1 may limit our risk or liability;
• 2.2.2 may create a risk or a liability for you; and/or
• 2.2.3 may compel you to indemnify Kelp Play; and/or
• 2.2.4 serves as an acknowledgement, by you, of a fact.

2.3 You need to take special notice of these specific terms as they are important and should be carefully noted.

2.4 If there is any provision in these STCs that you do not understand, it is your responsibility to ask Kelp Play to explain it to you before you accept the Terms and Conditions or continue using the Kelp Play Website.

2.5 Nothing in these STCs is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or Kelp Play in terms of the CPA or any other act or applicable law.

2.6 Kelp Play permits the use of the Kelp Play Website subject to these STCs. By using the Kelp Play Website in any way, you shall be deemed to have accepted all the STCs unconditionally. You must not use the Kelp Play Website if you do not agree to the STCs.

3. Use of the Kelp Play Website

3.1 By using the Kelp Play Website you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Kelp Play Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STCs and to be liable and responsible for you and all your obligations under these STCs.

3.2 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Kelp Play Website, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Kelp Play Website or the information contained therein, without the prior written consent from an authorised Kelp Play representative.

3.3 You may not in any way display, publish, copy, print, post or otherwise use the Kelp Play Website and/or the information contained therein without the express prior written consent of an authorised Kelp Play representative.

3.4 In using Kelp Play, you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.

3.5 In using Kelp Play, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Kelp Play, is objectionable, or which may expose others to any harm.

3.6 In using Kelp Play, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

4. User-Generated Content

4.1 By uploading, posting, or submitting any content to the Kelp Play Website (including but not limited to reviews, photos, comments, and feedback), you grant Kelp Play a perpetual, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

4.2 You retain all ownership rights in your user-generated content and agree that Kelp Play may use such content for marketing, advertising, and website improvement purposes without further compensation to you. If you do not wish Kelp Play to use your content in this way, please indicate this in writing at support@kelpplay.com.

5. Consent to Obtain Personal Information

5.1 You acknowledge that, to provide the services offered on the Kelp Play Website, it may be necessary for Kelp Play to obtain information of a personal nature, other than information you specifically provide during registration and the use of the Kelp Play Website.

5.2 You hereby give Kelp Play the necessary permission in order to access certain third-party databases and obtain the information that may be necessary to provide you with the offered services, subject to the conditions stated in the Privacy Policy. Kelp Play will obtain your express, informed, written consent before processing your personal information. This consent is documented via:

• Tick boxes on the registration form;
• Your acceptance of these Terms and Conditions; and
• Your continued use of the Kelp Play Website.

6. Product Warranties

6.1 Kelp Play sells physical products ("Products") through the Website. All Products come with the statutory warranties required by South African law, including but not limited to the Consumer Protection Act, 68 of 2008.

6.2 All Products also come with the manufacturer's warranty as described on the product description page. The manufacturer's warranty terms apply in addition to statutory warranties.

6.3 To make a warranty claim, please contact Kelp Play at support@kelpplay.com with proof of purchase and a description of the defect within 30 days of purchase.

7. Payments and Refunds

7.1 Payment Methods: Kelp Play accepts the payment methods displayed at checkout, including credit cards, debit cards, and electronic fund transfers. Payment currency is South African Rand (ZAR) unless otherwise stated.

7.2 Payment Processing: Payment processing is handled by our third-party payment service provider. Kelp Play does not store your full payment card details. Your payment card information is subject to the payment processor's privacy and security terms.

7.3 Refund Policy: Refunds are available within 30 days of purchase for unopened, unused Products in original packaging. Products that show signs of use, damage, or misuse are not eligible for refund. Shipping costs are non-refundable. Refunds will be processed within 10 business days of receipt and inspection of the returned Product.

7.4 Refund Exceptions: Refunds do not apply to custom orders, clearance items, or digital content once accessed.

7.5 Failed Payments: If your payment fails, you will receive notification. You may retry payment. If payment fails three times, your order will be cancelled automatically.

7.6 Double Charges: In the event of duplicate charges, contact Kelp Play immediately at support@kelpplay.com with your transaction details. Kelp Play will investigate and issue a refund within 5 business days if an error is confirmed.

8. Errors

8.1 We do not warrant the accuracy or completeness of any third-party content used on the Kelp Play Website.

9. Changes to these STCs

9.1 Kelp Play may change any of these STCs at any time. We will provide you with at least 30 days' notice of material changes by email or by posting the updated STCs on the Kelp Play Website. It is your responsibility to regularly check these STCs and make sure that you are satisfied with the changes.

9.2 Your continued use of the Kelp Play Website after such amended STCs have been displayed on the Kelp Play Website will constitute your acceptance of such changes. If you do not agree with the changes, you must stop using the Website and may request account cancellation.

10. Electronic Communications

10.1 When you visit the Kelp Play Website or send emails to us, you consent to receiving communications from us or any of our related and inter-related companies and third-parties electronically in accordance with our Privacy Policy.

11. Ownership and Copyright

11.1 The contents of the Kelp Play Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in the Kelp Play Website ("Kelp Play Website Content") are protected by law, including but not limited to copyright and trademark law. The Kelp Play Website Content is the property of Kelp Play, its advertisers and/or sponsors and/or is licensed to Kelp Play.

11.2 You will not acquire any right, title or interest in or to the Kelp Play Website or the Kelp Play Website Content.

11.3 Any use, distribution or reproduction of the Kelp Play Website Content is prohibited unless expressly authorised in terms of these STCs or otherwise provided for in law.

11.4 Where any of the Kelp Play Website Content has been licensed to Kelp Play or belongs to any third party, your rights of use will also be subject to any STCs which that licensor or third party imposes from time to time and you agree to comply with such third party STCs.

12. Disclaimer

12.1 The use of the Kelp Play Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Kelp Play Website or reliance on any information on the Kelp Play Website.

12.2 Whilst Kelp Play takes reasonable measures to ensure that the content and functioning of the Kelp Play Website is accurate and complete, Kelp Play makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Kelp Play Website or as to the accuracy, completeness or reliability of any information on the Kelp Play Website. If any such representations or warranties are made by Kelp Play representatives, Kelp Play shall not be bound thereby.

12.3 Kelp Play disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Kelp Play Website and/or any content therein unless otherwise provided by law.

12.4 In addition to the disclaimers contained elsewhere in these STCs, Kelp Play also makes no warranty or representation, whether express or implied, that the information or files available on the Kelp Play Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Kelp Play, its employees, agents or authorised representatives. Kelp Play thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Kelp Play Website.

13. Linking to Third Party Websites

13.1 The Kelp Play Website may contain links or references to other Websites ("Third Party Websites") which are outside of our control, including those of advertisers. These STCs do not apply to those Third Party Websites and Kelp Play is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

13.2 Notwithstanding the fact that the Kelp Play Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

14. Limitation of Liability

14.1 Kelp Play's maximum total liability to you for any claims arising out of or relating to these STCs, the Kelp Play Website, or any Products shall not exceed the total amount you paid to Kelp Play in the 12 months preceding the claim, or ZAR 1,000 if you have made no payment.

14.2 You hereby indemnify Kelp Play against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Kelp Play Website and/or any Third Party Websites or from your breach of these STCs.

14.3 This limitation of liability does not apply to either party's liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be excluded by law.

15. Availability and Termination

15.1 Service Level Agreement: We aim to maintain the Kelp Play Website with 99.5% uptime, calculated on a monthly basis and excluding scheduled maintenance. Scheduled maintenance typically occurs on Sundays from 00:00 to 02:00 SAST and will be announced at least 7 days in advance where possible.

15.2 Availability: We will use reasonable endeavours to maintain the availability of the Kelp Play Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Kelp Play Website or any part thereof with 30 days' notice to you, except in cases of emergency or security issues.

15.3 Service Changes: Kelp Play may modify the Kelp Play Website features and functionality with 30 days' notice. Non-essential changes may be implemented immediately.

15.4 Account Termination for Breach: If you fail to comply with your obligations under these STCs, Kelp Play may, in its discretion, suspend or terminate your access to the Kelp Play Website. For material breaches, Kelp Play will provide 7 days' written notice giving you the opportunity to cure the breach. Kelp Play may terminate immediately without notice in cases of fraud, illegal activity, or serious harm to other users.

15.5 Voluntary Termination: At any time, you can choose to stop using the Kelp Play Website and request account cancellation. Your account will be deactivated within 2 business days. Any pending transactions will be processed normally. Your personal data will be retained in accordance with the Privacy Policy and applicable law.

15.6 Kelp Play reserves the right to terminate or suspend your account with or without notice only in cases where continued operation poses a security risk or facilitates illegal activity. Processing of transactions made before such termination will continue where possible.

16. Dispute Resolution

16.1 Complaints Process: If you have a complaint or dispute with Kelp Play, please contact us at support@kelpplay.com or submit a complaint form on our website.

16.2 Response Time: Kelp Play will acknowledge receipt of your complaint within 24 business hours and will provide a substantive response within 5 business days.

16.3 Escalation: If your complaint is not resolved to your satisfaction, you may escalate to our management at support@kelpplay.com with the subject line "Escalation Request".

16.4 Consumer Goods and Services Ombud: If Kelp Play fails to resolve your dispute within 30 days, you may refer your complaint to the Consumer Goods and Services Ombud at https://www.cgso.org.za/

17. Partnerships and Endorsements

17.1 NSPCA Endorsement: Kelp Play has an endorsement agreement with the Society for the Prevention of Cruelty to Animals (NSPCA) in South Africa. This endorsement indicates that NSPCA has reviewed and approved our business practices as aligned with animal welfare standards.

17.2 Endorsement Details: The endorsement is subject to the conditions of the endorsement agreement between Kelp Play and NSPCA. Details of the endorsement and any associated commitments are available on request from support@kelpplay.com

17.3 No Additional Obligation: This endorsement does not create any additional rights or obligations for users of the Kelp Play Website beyond those stated in these STCs.

18. Governing Law and Jurisdiction

18.1 These STCs and our relationship and/or any dispute arising from or in connection with these STCs shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Kelp Play Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these STCs.

18.2 Nothing in this clause or the STCs limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, 68 of 2008.

19. Information

19.1 For the purposes of the Electronic Communications and Transactions Act, 25 of 2002 (the "ECT Act"), Kelp Play's information is as follows:

• Full Name: Kelp Play (Pty) Ltd
• Company Registration Number: Available upon request
• Main Business: Premium beach products
• Physical Address: 34 Kruger Drive, Craighall Park, South Africa
• Office Bearers: Robert James Inglis
• Phone: 083 6457953
• Email: support@kelpplay.com
• Website: www.kelpplay.com

19.2 PAIA Manual: The manual published in terms of section 51 of the Promotion of Access to Information Act, 2000 may be downloaded from our website or requested from support@kelpplay.com

20. Contact Information

Support & Inquiries:

• Email: support@kelpplay.com
• Phone: 083 6457953
• Hours: Monday to Friday, 09:00 to 17:00 SAST

Data Protection Officer / Privacy Inquiries:

• Email: privacy@kelpplay.com

Legal Notices: Please send legal correspondence to the physical address listed in Section 19.

21. General

21.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these STCs to any third party.

21.2 Any failure on the part of you or Kelp Play to enforce any right in terms hereof shall not constitute a waiver of that right.

21.3 If any term or condition contained herein is declared invalid, the remaining STCs will remain in full force and effect.

21.4 No variation, addition, deletion, or agreed cancellation of the STCs will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

21.5 No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show, grant or allow to the other (the "grantee") shall constitute a waiver by the grantor of any of the grantor's rights.

21.6 These STCs contain the whole agreement between you and Kelp Play and no other warranty or undertaking is valid, unless contained in this document between the parties.