TERMS & CONDITIONS

1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the website located at kbmining.co.za (“Website”), which is owned and operated by KB Mining (Pty) Ltd (“KB Mining”, “we”, “us” or “our”).

By accessing, browsing, using, submitting information to, or otherwise interacting with this Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from using this Website.

2. Company Information

The Website is operated by:

KB Mining (Pty) Ltd
Registration Number:
Physical Address:
Postal Address:
Telephone:
Email:
Website: kbmining.co.za

3. Nature and Purpose of the Website

This Website is provided for general corporate, informational and communication purposes. It is intended to provide users with information regarding KB Mining, its business activities, service offering, capabilities, project profile, contact channels and related corporate content.

Unless expressly stated otherwise in writing by KB Mining, nothing on this Website constitutes:

a binding offer to contract;
a formal quotation;
professional, technical, engineering, safety, legal or commercial advice;
a representation that services are available in all locations or for all projects; or
a guarantee that KB Mining will accept any enquiry, bid, application, supplier approach or commercial proposal.

Any contract, appointment, subcontract, supply arrangement or commercial engagement with KB Mining will arise only once formally reduced to writing and signed by duly authorised representatives of KB Mining, unless otherwise expressly agreed.

4. Eligibility and Authority

By using this Website, you warrant that you are legally capable of entering into binding obligations or, where acting on behalf of a company, organisation or other person, that you are duly authorised to do so.

If you use this Website on behalf of an entity, you bind both yourself and that entity to these Terms.

5. Permitted Use

You may use this Website only for lawful purposes and in accordance with these Terms. Permitted use includes viewing the Website, learning about KB Mining’s services, submitting genuine business enquiries, making contact requests, and accessing publicly available corporate information.

You may download or print limited extracts from the Website for lawful, internal, non-commercial reference, provided that all proprietary notices remain intact and the content is not altered, misrepresented or taken out of context.

6. Prohibited Conduct

You may not:

use the Website in any way that is unlawful, fraudulent, misleading, defamatory, abusive or harmful;
attempt to gain unauthorised access to any part of the Website, its servers, systems, databases or connected infrastructure;
interfere with the Website’s security, operation, performance or availability;
introduce malware, viruses, malicious code, harmful scripts or other disruptive technology;
scrape, copy, harvest, mirror or systematically extract data or content from the Website without KB Mining’s prior written consent;
use the Website in a manner that infringes the rights of KB Mining or any third party;
submit false, misleading, incomplete or inaccurate information;
impersonate another person or misrepresent your identity, authority or affiliation; or
use the Website for unsolicited marketing, spam, speculative supplier dumping, recruitment abuse or any purpose not reasonably connected to legitimate engagement with KB Mining.

KB Mining reserves the right to restrict, suspend or terminate access to the Website where it reasonably believes that a user has breached these Terms or is engaging in conduct that may prejudice the Website, KB Mining or any third party.

7. Intellectual Property

All content on this Website, including but not limited to text, branding, names, logos, graphics, icons, layouts, designs, photographs, documents, downloads, videos, illustrations, trade dress, software elements and other material, is owned by KB Mining, licensed to KB Mining, or otherwise lawfully used by KB Mining, and is protected by applicable intellectual property laws.

Nothing on this Website grants any licence, title or right to use any intellectual property without the prior written consent of KB Mining or the relevant rights holder.

You may not reproduce, distribute, publish, adapt, transmit, display, exploit or create derivative works from any content on this Website without prior written permission, except to the limited extent permitted by law.

8. Accuracy of Information

KB Mining takes reasonable care in preparing and maintaining Website content. However, while we aim to keep information accurate, current and responsibly presented, we do not warrant that all content on the Website is complete, accurate, current, error-free or suitable for any particular purpose.

Website content may be updated, changed, removed or corrected at any time without notice.

Users are responsible for independently verifying any material information before relying on it for technical, operational, financial, contractual, regulatory or commercial purposes.

9. No Professional or Technical Advice

The content made available on this Website is of a general nature only. It is not intended to constitute mining, engineering, geotechnical, occupational health and safety, environmental, legal, procurement, tax, financial or other professional advice.

No person should act or refrain from acting solely on the basis of Website content. Appropriate professional advice must be obtained in relation to the specific facts and regulatory environment of any project, operation, site, contract or legal issue.

10. Enquiries, Requests and Website Submissions

If you submit an enquiry, contact request, CV, supplier profile, proposal, supporting documentation or other content through the Website, by email, or through any linked digital channel, you warrant that:

the information submitted is true, accurate and not misleading;
you are entitled to provide that information;
the submission does not infringe any third-party rights;
the information does not contain harmful code or malicious material; and
the submission is relevant to lawful engagement with KB Mining.

KB Mining reserves the right, without obligation, to review, disregard, reject, remove or not respond to any submission.

Submission of information through the Website does not create any obligation on KB Mining to consider, accept, respond to or contract with the submitting party.

11. Recruitment and Career-Related Submissions

Where the Website permits the submission of CVs, applications, certifications or related documents, such submissions will be treated as expressions of interest only unless otherwise expressly stated.

Submission of an application does not create any offer of employment, representation of future appointment, or obligation on KB Mining to shortlist, interview or engage the applicant.

Applicants remain responsible for the accuracy and lawfulness of all documents and information submitted.

12. Supplier and Commercial Approaches

Any supplier, subcontractor, consultant, tenderer or commercial party engaging KB Mining through the Website acknowledges that Website engagement alone does not create approved vendor status, preferred supplier status, tender participation rights or any entitlement to work.

Any such relationship will be governed exclusively by a separate written contract or procurement process, where applicable.

13. Third-Party Links and External Content

This Website may contain links to third-party websites, platforms or resources for convenience only. Such links do not imply endorsement, approval or association unless expressly stated.

KB Mining does not control and is not responsible for the availability, security, content, accuracy, policies or practices of third-party websites or services. Access to any third-party site is at the user’s own risk.

14. Privacy and Personal Information

KB Mining may collect and process personal information through the Website and related communications in accordance with its Privacy Policy and applicable law, including the Protection of Personal Information Act, 4 of 2013. Users should review KB Mining’s Privacy Policy to understand how personal information is processed. s and Website Technologies

The Website may use cookies, analytics tools, server logs and similar technologies to support functionality, security, administration, performance and user experience.

By using the Website, you acknowledge that such technologies may be used in accordance with KB Mining’s Privacy Policy and any applicable cookie notice presented on the Website.

16. Website Availability

KB Mining does not guarantee uninterrupted or error-free access to the Website. The Website may be unavailable, suspended or limited from time to time due to maintenance, upgrades, technical failures, cyber incidents, connectivity issues, third-party service disruptions or factors beyond KB Mining’s control.

KB Mining reserves the right to modify, suspend or discontinue any aspect of the Website at any time and without prior notice.

17. Security

Users must not attempt to violate or circumvent the security of the Website.

Although KB Mining implements reasonable safeguards, no Website, server or online transmission can be guaranteed to be fully secure. To the fullest extent permitted by law, KB Mining does not warrant that the Website, its servers, downloads or communications are free from viruses, malware, harmful code or other destructive components.

Users are responsible for implementing their own appropriate cybersecurity protections.

18. Disclaimer

The Website and all content made available through it are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, KB Mining makes no express or implied warranties, representations or guarantees regarding:

the continuous availability of the Website;
the accuracy, completeness, reliability or currency of Website content;
the suitability of Website content for any specific project, decision or purpose;
the security of the Website;
the absence of defects, interruptions, delays or harmful components; or
the outcome of any enquiry, application, commercial approach or engagement initiated through the Website.

19. Limitation of Liability

To the fullest extent permitted by law, KB Mining, its directors, officers, shareholders, employees, representatives, contractors and agents shall not be liable for any direct, indirect, incidental, special, consequential, punitive or economic loss, damage, cost or liability arising from or in connection with:

access to, use of, inability to use, or reliance on the Website;
any inaccuracies, omissions or errors in Website content;
any interruption, delay, defect, system failure or unavailability;
any malware, cyber incident or unauthorised access;
any third-party website or external platform linked to or from the Website;
any submission, enquiry, application or proposal made through the Website; or
any decision taken or not taken on the basis of Website content.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by law.

20. Indemnity

You agree to indemnify, defend and hold harmless KB Mining, its directors, officers, employees, representatives and agents from and against any claim, loss, damage, liability, cost or expense, including reasonable legal costs, arising out of or in connection with:

your breach of these Terms;
your unlawful use of the Website;
any information or material submitted by you;
your infringement of any rights of KB Mining or a third party; or
your negligent, fraudulent or unlawful conduct.

21. Breach and Remedies

Without prejudice to any rights available at law, KB Mining may, where it reasonably considers it necessary, suspend or terminate a user’s access to the Website, refuse to receive or process submissions, remove content, block technical access points, issue warnings, or take appropriate legal action in response to any breach of these Terms or any misuse of the Website.

22. Electronic Communications

By communicating with KB Mining electronically through the Website, email or any related digital channel, you consent to receive communications from KB Mining electronically, subject to applicable law.

Any electronic records, logs, clicks, transmissions, submissions or stored data generated through lawful use of the Website may be relied upon by KB Mining, to the extent permitted by law, for operational, evidential, administrative or legal purposes.

23. No Waiver

Any failure or delay by KB Mining to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

24. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be severed to the extent necessary, and the remaining provisions shall continue in full force and effect.

25. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Subject to any mandatory legal provisions to the contrary, any dispute arising from or in connection with these Terms, the Website, or its use shall be subject to the jurisdiction of the South African courts having jurisdiction over KB Mining or the cause of action.

26. PAIA

Requests for access to records held by KB Mining must be made in accordance with the Promotion of Access to Information Act, 2 of 2000 (“PAIA”) and KB Mining’s PAIA Manual, once published and made available. The Information Regulator requires private bodies to make their PAIA manuals publicly available.

27. Changes to These Terms

KB Mining reserves the right to amend these Terms at any time. Updated Terms will be published on the Website together with the revised effective date. Continued use of the Website following publication of updated Terms constitutes acceptance of the amended Terms.

28. Contact Details

For any questions relating to these Terms, the Website, legal notices, privacy matters or formal requests, please contact:

KB Mining (Pty) Ltd

Physical Address:
Email:
Telephone: