- Advice or Warranties
The Information on the App or web portals including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information on the web portal without seeking the advice of a professional. File4U (Pty) Ltd is not responsible for any content or information that you may find undesirable or objectionable.
File4U (Pty) Ltd will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the web portal or in reliance on the information available on the web portals, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
- Either Party may need to provide, collect, use, store or process Personal Information of the other Party. Each Party hereby authorises such collection, use, storage and processing where the need arises.
- Each Party shall only provide, collect, use, store or process Personal Information:
- in compliance with the South Africa Protection of Personal Information Act (POPI);
- as is necessary for the purposes of this agreement; and
- in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
- Both Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
- The Supplier shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy available at the website as may be notified to the Customer from time to time, as such document may be amended by the Supplier in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by the Supplier in accordance with the archiving procedure described in its Back-Up Policy. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by the Supplier to perform services related to Customer Data maintenance and back- up).
- The Supplier shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by the Supplier in its sole discretion.
- If the Supplier processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
- The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
- the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
- the Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
- each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
Every effort is made to ensure that all information provided at the App or web portals does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your system.
- Conformance with Law
Your use of the App or web portals shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
- Applicable Law
The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
- Disclaimer of Warranties and Limitation of Liability
File4U (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the App or web portals or the information, content, materials or products included on this SaaS App or web portals. You agree that the use of this App or web portals is at your sole risk. You should not assume that the App or web portals will be error-free or that the App or web portals will operate without interruption. File4U (Pty) Ltd does not warrant that this App or web portals, its servers, or e-mails sent from it are free of viruses or other harmful code. File4U (Pty) Ltd will not be liable for any damages of any kind arising from the use of this App or web portals, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages. You agree to indemnify us against all liability related to your use of our products and services.
- System Security
File4U (Pty) Ltd is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.
- Transaction limits
File4U (Pty) Ltd may need to impose certain transaction limits due to varying credit card levies imposed by the banking and credit card industry.
- Payment and pricing
- All transactions will be processed in SA Rand.
- We reserve the right to change pricing without notice. Pricing changes will only affect future orders.
- We accept MasterCard, Visa and EFT through the payment gateway PayFast.
- To view PayFast’s security measures please visit the PayFast site.
- We endeavor for our services to be available during working hours but cannot guarantee availability.
- We reserve the right to interrupt our service to you for maintenance purposes. We will endeavor to give you advance notice, but a lack of notice does not constitute a breach on our part.
- Should the product or service be unavailable when you try to access it please log a support request.
- You may not disrupt, or attempt to disrupt or compromise the security or stability of any part of our website.
- You may not access, or attempt to access, any part of our website except through the interface we make available to you.
- We employ a variety of security measures to safeguard your personal information including authentication, hashing and SSL.
- If you breach these terms we reserve the right to take appropriate action.
- Breach in respect of one order will constitute breach in your other orders.
- Neither party is responsible for a breach of these terms and conditions due to circumstances beyond their control.
- Governing law & jurisdiction
- This agreement is governed by South African Law.
- You consent to Magistrate Court jurisdiction.
BY REGISTERING ON THIS APP OR WEB PORTALS AND / OR USING ANY SERVICES OFFERED, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.
By using our services you agree to the following. Please do not order our services if you do not agree with all of the terms and conditions.
File4U (Pty) Ltd
072 611 8322 / 011894 8004
21 Tassenberg Road, Alphen Park, Benoni, South Africa
Directors: Ms J M A Zackey-Tinkler and Mr Thomas Tinkler