Terms of use

1. This agreement

K53 Simulator is made by Kindly Made, a small independent app maker based in South Africa (“we”, “us”). By installing or using K53 Simulator you agree to these terms, to Google Play’s own terms of service, and to our privacy policy, which explains how information is handled.

We give you a personal, non-exclusive licence to use K53 Simulator on Android devices you own or control, for your own use. The app is built with open-source software, which comes under its own licences.

If you are under 18, please use the app with a parent’s or guardian’s knowledge, and ask them before you buy the pass. Nothing in these terms takes away rights you have under consumer law, such as South Africa’s Consumer Protection Act. Where these terms and that law disagree, the law wins.

2. Independent practice, not the official test

• K53 Simulator is not made by, endorsed by or linked to the Department of Transport, the Road Traffic Management Corporation (RTMC), eNaTIS or any driving licence testing centre.
• Its questions are our own. They are not the official question bank, and they are not copied from it.
• The mock test follows the format testing centres use: 64 questions in 60 minutes, with a pass mark for each section. The real test’s questions, look and rules can differ, and can change.
• Passing our mock tests doesn’t promise that you will pass the real test. Book and take your real test through your testing centre.

3. Our questions and the law

We write every question ourselves and check it against the National Road Traffic Act 93 of 1996 and the National Road Traffic Regulations, 2000. Every explanation shows the regulation, section or sign it comes from. Where a sign’s full meaning isn’t in the published law, we check it against the Department of Transport’s own guides. We draw every sign ourselves.

We work hard to get every answer right, but the law changes and mistakes can happen. K53 Simulator is for practice and learning. It is not legal advice: on the road, the law itself, and the directions of traffic officers, are what count. If you think an answer is wrong, tap “Report a mistake” under its explanation, or email us. We read every report.

4. What is always free

Whether or not you buy the pass, and after it ends, these stay free:

• One mock test a day, started on that calendar day.
• The results of every test you take, with the walk-through: every question, your answer, the right one, why, and its source.
• The Signs library and every sign’s page.
• The topic pages, with each topic’s questions, answers and explanations.

5. The 3-day free start

• For your first 3 days, everything in K53 Simulator is free. The 3 days are calendar days, counting the day you start your first mock test or practice round: start on a Tuesday, and Thursday is your last free day. Installing the app, choosing your code or reading the Signs library uses none of them.
• You don’t need a card or an account, and there is nothing to cancel: when the free start ends, no payment is taken. The pass only starts if you choose to buy it.
• It is K53 Simulator’s own free start, not a Google Play free trial. If you buy the pass during the 3 days, its month starts that day, and the free days you have left are not added on.
• When the free start ends, K53 Simulator carries on with what is always free (section 4).

6. The one-month pass

• What it adds: unlimited mock tests, and every practice round: by section, by topic and of your weak spots, with each answer marked as you go.
• Price: Google Play shows the price in your currency, with any tax, before you pay.
• Payment: Google Play takes the payment, under the Google Play Terms of Service. We never see your card details.
• It never renews: the pass is a one-off payment for one month (a Google Play prepaid plan). Google Play doesn’t charge you again, and there is nothing to cancel. Need more time? Buy another month. If you buy it before your month ends, Google Play adds the new month on.
• Refunds: refunds are handled by Google Play under its refund policy. If Google can’t help, write to us and we will look at your request fairly. This doesn’t affect any right to a refund that consumer law gives you.
• Price changes: we may change the price of the pass for future purchases. A pass you have already bought keeps the time you paid for.
• A new phone: the pass belongs to the Google account you bought it with. On a new phone, sign in to the Play Store with that account, open K53 Simulator, and tap Restore purchases on its pass screen if the pass isn’t back on by itself.
• When it ends: when the month is over, or if the pass is refunded, the app goes back to what is always free (section 4). Your results and progress stay.

7. Your results and progress

Your results, progress and settings live on your phone. We don’t hold a copy and can’t get them back for you. If your phone is lost or reset, or the app is deleted, they may be lost, unless Android’s backup to your own Google account brings them back (see the privacy policy).

8. Using K53 Simulator fairly

Please don’t try to get around the free start or the pass, copy or resell the app, its questions or its sign drawings, or take it apart to make your own version. Use K53 Simulator to prepare for your own test, as it is meant to be used.

9. Changes to the app

We keep improving K53 Simulator. We add questions, and we change or remove them when the law changes or when we find a mistake or a clearer way to explain. Because the app works on your phone alone, it doesn’t depend on any server of ours. If we ever stop offering K53 Simulator, we will say so on this website and in Google Play.

10. Our responsibility to you

We build K53 Simulator with care and check it thoroughly, but no software is perfect. In plain words:

• K53 Simulator is provided “as is”. We don’t promise that it will always work without errors or interruptions, or that it suits every purpose.
• We are not responsible for the result of your real learner’s licence test, or for a fine or other loss that comes from relying on an answer in the app instead of the law.
• We are not responsible for indirect or consequential loss.
• If we are responsible for a loss, the most we will pay is what you paid for the pass in the 12 months before the problem.
• None of this limits our responsibility where the law doesn’t allow it to be limited, such as for death or personal injury caused by negligence, for fraud, or for your rights as a consumer.

11. Stopping

You can stop using K53 Simulator at any time by uninstalling it. The pass never renews, so there is nothing to cancel. We may stop providing the app or the pass to someone who seriously breaks these terms.

12. The law that applies

These terms are governed by the law of the Republic of South Africa, where Kindly Made is based, and disputes go to the South African courts. If you are a consumer living in another country, you also keep the protection of the laws of your country. Before going to court, please write to us: most problems can be sorted out with an email.

13. Changes to these terms

If we change these terms, we will update this page and the dates at the top. If a change is important, such as one about payments, we will post it here before it applies and, where we can, tell you in the app. If you carry on using K53 Simulator after a change, the new terms apply. If you don’t agree with them, you can stop using the app.

14. Contact us

Kindly Made, South Africa
support@kindlymadeapps.com

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