Terms and Conditions of Use
Fire System Inspection Application — KYNOTEK (PTY) LTD
These Terms and Conditions govern the use of the fire system inspection application ("the App") developed and operated by KYNOTEK (PTY) LTD.
By registering for and using this App, the user agrees to the following terms.
1. Acceptance of Terms
By creating an account and using this App, the user confirms that they have read, understood, and agree to be legally bound by these Terms and Conditions.
The user further confirms that they are authorised to submit information relating to the site, company, and fire protection systems they register on the App.
2. Ownership and Use of Data
By registering and submitting information through the App, the user grants KYNOTEK (PTY) LTD a perpetual, worldwide, non-exclusive, royalty-free right to collect, store, analyse, and use all information submitted through the App.
This includes but is not limited to:
- Personal information provided during registration
- Company information
- Site information
- Fire system inspection records
- Weekly inspection sheets
- Maintenance records
- Service reports
- Uploaded documentation and photographs
- Any other data captured within the App
The user acknowledges and agrees that this information may be used by KYNOTEK (PTY) LTD for operational, analytical, research, system improvement, or commercial purposes.
3. POPIA Compliance (South African Data Law)
The user acknowledges that by using the App they voluntarily provide personal and operational information.
KYNOTEK (PTY) LTD will process personal information in accordance with the Protection of Personal Information Act (POPIA) of South Africa, but the user grants consent for the storage and processing of such information for the operation and improvement of the App.
4. No Warranty
The App is provided "as is" and "as available" without warranties of any kind.
KYNOTEK (PTY) LTD does not guarantee that:
- inspection records are accurate
- the system will identify faults
- inspections are compliant with regulations
- the system will prevent fire incidents
- the App will operate without interruption or errors.
The App is intended as a record-keeping and assistance tool only.
5. User Responsibility
The user remains solely responsible for:
- ensuring that inspections are performed correctly
- ensuring compliance with fire safety regulations
- ensuring that maintenance is performed by qualified professionals
- ensuring that fire protection systems remain operational and compliant.
The use of the App does not replace professional inspection, certification, or maintenance services.
6. Limitation of Liability
To the fullest extent permitted by South African law, KYNOTEK (PTY) LTD, its directors, employees, agents, and affiliates shall not be liable for any loss, damage, injury, or death arising from:
- the use of the App
- reliance on any information within the App
- failure of any fire protection system
- incorrect inspection data
- missed inspections
- system failures or malfunctions
- any decisions made based on information recorded in the App.
This limitation includes but is not limited to: loss of life, personal injury, property damage, business interruption, financial loss, consequential or indirect damages.
7. Indemnification
The user agrees to indemnify, defend, and hold harmless KYNOTEK (PTY) LTD, its directors, employees, and agents against any claims, damages, losses, liabilities, costs, or expenses arising from:
- the user's use of the App
- inaccurate information entered by the user
- failure to maintain fire protection systems
- failure to comply with safety regulations.
8. Legal Costs
Should any legal action be instituted against KYNOTEK (PTY) LTD by a user in relation to the App or its use, the user agrees that they shall be responsible for all legal costs incurred by KYNOTEK (PTY) LTD, including attorney and legal fees, on an attorney-and-own-client scale, regardless of the outcome of such proceedings, to the extent permitted by law.
9. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any disputes arising from the use of the App shall be subject to the jurisdiction of the courts of South Africa.
10. Amendments
KYNOTEK (PTY) LTD reserves the right to modify these Terms and Conditions at any time. Continued use of the App after changes are made constitutes acceptance of the updated Terms.
11. User Declaration
By selecting "Accept Terms and Conditions" during registration, the user confirms that:
- they have read these Terms
- they understand the Terms
- they agree to be legally bound by these Terms.
