WEBSITE TERMS AND CONDITIONS
BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THE TERMS AND CONDITIONS SET OUT BELOW. IF THE USER DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE OR ANY ASSOCIATED SERVICES.
ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT BELOW BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN FUNDFIND (PTY) LIMITED TRADING AS FUNDFIND (‘’FUNDFIND’’) AND THE USER. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME, WILL GOVERN THE USE OF THIS WEBSITE AND ASSOCIATED SERVICES.
2.1 IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE WEBSITE TERMS AND CONDITIONS ARE DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.
2.2 IF YOU DO NOT UNDERSTAND ANY PROVISIONS CONTAINED IN THESE WEBSITE TERMS AND CONDITIONS, PLEASE CONTACT FUNDFIND ON (012) 993 5302 OR EMAIL: STEVE@FUNDFIND.CO.ZA.
2.3 YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:
2.3.1 LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF FUNDFIND;
2.3.2 ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER;
2.3.3 INDEMNITIES IN FAVOUR OF FUNDFIND; OR
2.3.4 AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.
2.4 SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.
3.1 In this agreement, the following terms will have the meanings assigned to them in this clause:
3.1.2 ‘’associated services’’ means the crowdfunding platform offered via the website and/or any services made available to project creators or funders by Fundfind;
3.1.3 ‘’CPA’’ means the Consumer Protection Act, 2008, as amended from time to time;
3.1.4 ‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;
3.1.5 ‘’Fundfind’’ means Fundfind (Pty) Limited, whose further details are set out in clause 4 below;
3.1.6 ‘’funder’’ means a User who contributes funds to the funding of a project published on the website;
3.1.7 “Intellectual Property Rights” means all patents, trademarks (registered or unregistered), service marks, design rights, copyright, trade or business names, know-how, confidential or proprietary information, databases, software or code, or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any part of the world;
3.1.8 ‘’project creator’’ means a User who creates and publishes a new project on the website;
3.1.9 “the User” means any person accessing, browsing and using this website or any associated services;
3.1.10 ‘’user account’’ means a profile created by a User on this website, which can be accessed by a user by inputting their username and password;
3.1.11 “User Generated Content” means any data, images, videos, comments, posts or other content created, uploaded, shared, published or distributed by a User using this website, either directly or indirectly;
3.1.12 “website” means the website found at www.fundfind.co.za, and includes any sub-pages, content, display elements, domain names and other components making up the website, but excludes any links to external websites not associated with Fundfind.
3.2 Any reference in this user agreement to:
3.2.1 the singular includes the plural and vice versa;
3.2.2 ‘’person/s’’ includes natural and juristic person/s;
3.2.3 any one gender includes the other genders;
3.3 Clause headings have been inserted for reference purposes only and must not be taken into account when interpreting this user agreement.
3.4 Terms not specifically defined in clause 3.1 will be given their normal grammatical meaning, and any terms, acronyms, or phrases known in the information communication and technology industry will be interpreted in accordance with their generally accepted meaning in that industry.
3.5 Any reference to ‘’days’’ means business days, which excludes Saturday, Sunday and South African public holidays.
3.6 When calculating any number of days for the purposes of this user agreement, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
3.7 If the due date for performing any obligation or exercising any right in terms of this user agreement is a day which is not a business day, then the due date will be the next business day.
3.8 If any obligation or act is to be performed on a particular day, it must be performed by 16h00 on that day.
3.9 No provision in this agreement must be interpreted to the disadvantage of a party because that party introduced or caused that provision to be included in this user agreement.
3.10 The word “include” means “include without limitation”.
3.11 A requirement that any request, claim, demand or other communication made in terms of this user agreement must be in writing and will be met if it is in the form of a data message as defined in the ECT Act, and is accessible in a manner usable for subsequent reference.
3.12 All amounts quoted on this website include value-added tax (VAT), unless explicitly stated.
4.1 The following information is disclosed in terms of section 43(1) of the ECT Act:
4.1.1 Website owner: Fundfind (Pty) Limited, trading as Fundfind;
4.1.2 Legal status of website owner: A private company with limited liability duly incorporated in South Africa
4.1.3 Registration number: 2013/060525/07
4.1.4 Registered office address: 9 Greenwoods, 693 Floris Street, Faerie Glen, 0043
4.1.5 Directors: Stephen Ross Larter
4.1.6 Physical business address: 9 Greenwoods, 693 Floris Street, Faerie Glen, 0043
(at which address Fundfind chooses as its domicilium citandi et executandi for the purposes of accepting delivery and service of all documents and process in terms of this User Agreement);
4.1.7 Telephone number: (012) 993 5302
4.1.8 Website address: http://www.fundfind.co.za
4.1.9 Email address: firstname.lastname@example.org
4.1.10 Fundfind is not a member and/or does not subscribe to any self-regulatory or accreditation bodies.
4.1.11 Fundfind does not subscribe to any code of conduct.
5.1 Users should regard nothing contained in this website as an offer but rather as an invitation to do business with other users.
5.2 Unless specific arrangements are made directly with Fundfind, this website and the associated services are only available to South African clients.
6.1 Subject to your compliance with these terms and conditions, Fundfind grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this website and any content published herein.
6.2 This license does not entitle you to resell or otherwise make commercial use of this website or any content published therein; or to create any derivative use of any content published herein.
6.3 No content published on this website may be reproduced, sold, or otherwise exploited for any commercial purpose without the prior written consent of Fundfind.
7.1 While Fundfind will use all reasonable endeavours to ensure that the website is available 24 hours a day with minimum disruptions, it cannot guarantee such availability.
7.2 Fundfind will not be held liable for any loss or damage caused to a User or any third party by the non-availability or disrupted availability of this website or any part thereof.
7.3 Fundfind is entitled, without incurring any liability, and at its sole discretion, to refuse, limit, suspend or interrupt access to this website or any part thereof for any reason valid in law.
7.4 Fundfind reserves the right to prevent or prohibit any User from accessing or using the website or any associated services due to any contravention by the User of this agreement, or for any other reason valid in law.
8.1 The website may only be used by Users who are 18 years of age or older, unless they are assisted by or under the supervision of their parent or guardian.
8.2 Users warrant that they shall not, when accessing and using this website:
8.2.1 intentionally access or intercept any data contained in this website without authority or permission;
8.2.2 interfere with any data contained in this website in such a way which causes such data to be modified, destroyed or otherwise rendered ineffective;
8.2.3 take any action that imposes or may impose an unreasonable or disproportionately large load on Fundfind’s web servers and/or which impairs the functionality of the website;
8.2.4 use any device or computer program which is designed primarily to overcome security measures used on this website to protect data, or perform any act with regard to a username, password, access code or other similar data with the intent to unlawfully utilise such item to gain access to or interfere with data on this website;
8.2.5 copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for user generated content) from the website without Fundfind’s prior written permission;
8.2.6 impersonate any other person or use a false or unauthorised username or password so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
8.2.7 make available or upload content not owned or licensed to the User;
8.2.8 make use of the website to collect, harvest or otherwise obtain personal information relating to other users;
8.2.9 use, apart from the search facility provided on the website, any application including but not limited to any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or any content contained herein, without the prior written consent from Fundfind;
8.3 Fundfind may, in its sole discretion, refuse further access or use of the website to any person who contravenes the provisions of clause 8.2.
8.4 The acceptable use provisions contained in this clause may be in addition to any further acceptable use provisions relating to any specific services offered by Fundfind via this website.
9.1 Fundfind offers a service which brings project creators and funders together to raise funds for new and exciting projects published on this website. Project creators are able to showcase their projects and attract funding, while funders are able to choose which project they wish to fund. Funders who are part of a successful funding campaign will receive a ‘’reward’’ from the project creator.
9.2 While Fundfind facilitates the introduction between project creators and funders, and offers them a forum to transact with each other, Fundfind is not a direct party to any transaction, agreement or arrangement concluded between project creators and funders.
9.3 Funds raised for a particular project will be paid by the relevant funders via Fundfind’s payment partners, Payfast.
9.4 Payfast uses extended validation SSL with 256-bit encryption. Only two of the four major South African banks use this, the highest, level of encryption currently available. Payfast may also use 3D Secure for credit card transactions. All sensitive information held by Payfast is encrypted within its own database. For more information on Payfast and its security or payment processes, please visit www.payfast.co.za.
9.5 FundFind’s platform offers two types of funding strategies:
9.5.1 ‘’All-or-nothing’’ funding, where the total funding requested by the project creator must be pledged before the funding campaign is deemed to be successful; and
9.5.2 ‘’Keep-what-you-raise’’ funding, where the project creator will receive all of the funds pledged by funders by the time the funding campaign reaches it’s deadline, regardless of whether the funding goal has been reached or not.
9.6 For ‘’all or nothing’’ funding campaigns as per clause 9.5.1 above, if a project is not fully funded, any funds already pledged will be refunded to the relevant funders within 30 days. Funders agree to provide Fundfind with the necessary banking or payment details in order for such refunds to be processed.
9.7 FUNDFIND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY FAILURE OR DELAY IN PROVIDING REFUNDS TO FUNDERS WHERE SUCH FAILURE OR DELAY IS NOT DUE TO ANY FAULT ON THE PART OF FUNDFIND.
9.8 For successful campaigns, Fundfind needs to provide the project creator with each funder’s name and email address to enable the project creator to make arrangements for the delivery of the funder’s reward to them. Funders hereby consent to Fundfind providing such information to the project creator.
9.9 Where a project creator needs further information from funders to process certain rewards (e.g. physical address, personal measurements), the project creator will request such information from the funder directly.
9.10 FUNDFIND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF ANY FAILURE OR DELAY ON THE PART OF PROJECT CREATORS TO FULFILL AND/OR DELIVER REWARDS DUE TO FUNDERS IN RESPECT OF A SUCCESSFUL FUNDRAISING CAMPAIGN.
10.1 Registration on this website or browsing this website is free. However, where a project is successfully funded, Fundfind will deduct a service fee, as well as a transaction fee for payments processed by our payment partners. Such fees are published on the website and are subject to change from time to time.
10.2 Fees owing will be automatically deducted from funds pledged before they are paid over to the project creator.
11.1 User generated content may be posted on the website directly by a User. User generated content is not pre-screened or approved by Fundfind.
11.2 FUNDFIND HAS NO GENERAL OBLIGATION TO MONITOR USER GENERATED CONTENT AND DOES NOT ACCEPT RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, FOR ANY USER GENERATED CONTENT.
11.3 Fundfind does, however, reserve the right to:
11.3.1 cancel, reject, interrupt, remove, or suspend a campaign or project;
11.3.2 remove or block any user generated content;
that is found to be infringing, unlawful, or in contravention of this agreement.
11.4 Fundfind does not endorse any opinion, statement, recommendation, comment, reply, review or advice expressed in any user generated content and expressly disclaims any and all liability to any person who places any reliance thereon or otherwise acts in accordance therewith.
11.5 The intellectual property rights in any user generated content will remain vested in the User who posted or transmitted such content, and no intellectual property rights will be transferred to Fundfind or any other person by virtue of such content being posted or transmitted via this website.
11.6 Users who post user generated content hereby warrant that they own or are otherwise authorised to exercise the rights to such content, and that any content posted will be accurate and will not cause injury or harm to any person or entity.
11.7 The User hereby grants Fundfind a non-exclusive, royalty-free perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for the purposes of operating this website and offering the associated services.
11.8 USERS HEREBY INDEMNIFY FUNDFIND AGAINST ALL CLAIMS RESULTING FROM USER GENERATED CONTENT THAT IS FOUND TO BE INFRINGING OR HARMFUL.
11.9 Users shall not post, distribute or transmit to or from the website any material, including but not limited to text, images, video and audio clips that:
11.9.1 is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
11.9.2 consists of or contains commercial solicitation, political campaigning, chain letters, mass mailings, or any form of unsolicited or bulk communications;
11.9.3 constitutes hate speech or is likely to provoke violence;
11.9.4 is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
11.9.5 constitutes or encourages conduct that would be considered a criminal offence, or condones or encourages unlawful activity;
11.9.6 is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or
11.9.7 otherwise infringes the rights of any other person.
11.10 If a person believes that any user generated content published or transmitted on or from the website does not comply with the standards set out in this agreement, or that such content infringes any of their rights, they must immediately contact Fundfind at email@example.com.
12.1 THIS ENTIRE WEBSITE AND THE ASSOCIATED SERVICES, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. FUNDFIND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
12.2 SUBJECT TO CHAPTER 7 OF THE ECT ACT, FUNDFIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER PERSONS AND RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE.
12.3 SUBJECT TO CHAPTER 7 OF THE ECT ACT AND TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, FUNDFIND DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF THIS WEBSITE IN ANY MANNER.
12.4 FUNDFIND HAS NO CONTROL OVER ANY USER GENERATED CONTENT AND/OR ANY OTHER THIRD PARTY INFORMATION, ADVERTS, FEATURES OR OTHER MATERIALS (‘’THIRD PARTY CONTENT’’) PUBLISHED ON THIS WEBSITE OR ACCESSIBLE ON OR FROM THIS WEBSITE. FUNDFIND DOES NOT EXAMINE OR EDIT ANY THIRD PARTY CONTENT AND/OR DOES NOT ACT AS AN AGENT FOR ANY THIRD PARTY IN THIS REGARD. AS SUCH AND TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, FUNDFIND DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENT.
USERS INDEMNIFY FUNDFIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, ISPs, AGENTS, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION, APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR REASONABLE ATTORNEYS FEES AND RELATED COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH THE USERS’ BREACH OF THIS AGREEMENT, OR THEIR IMPROPER USE OF THE WEBSITE OR ANY CONTENT OR SERVICES OFFERED BY THE WEBSITE, OR THEIR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14.1 Users agree to the use of electronic communications in order to communicate and/or transact with Fundfind and other Users, and to the electronic delivery of notices and electronic retention of records of transactions initiated or completed through the website.
14.2 Electronic communications, including e-mail, SMS and instant messages, sent by Users to this website or to Fundfind shall be deemed to be received only when acknowledged or responded to by or on behalf of Fundfind.
14.3 Electronic communications sent by Fundfind to Users shall be deemed as received when the complete communication enters an information system designated or used for that purpose by the User and is capable of being retrieved and processed by the User.
15.1 In order to provide a relevant and secure service, and where required to do so under law, Fundfind may monitor and/or intercept electronic communications which are sent to the website, although it has no duty to monitor as a matter of general practice.
15.2 Users acknowledge that they are aware of such potential monitoring and/or interception and they consent thereto.
15.3 Where Fundfind is required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Act, 2003, any interception of communications shall be strictly carried out in accordance with the requirements of that Act.
15.4 The User acknowledges that Fundfind serves merely as a conduit and/or host of user generated content on this website (where applicable) and Fundfind has no knowledge of, nor interest in, user generated content hosted or published by it on this website.
16.1 Users may view content on the website without registering, but as a condition of using certain aspects of the associated services, Users may be required to register their details on the website and provide a username and password.
16.2 When registering on this website, Users must provide accurate, complete, and updated information. Failure to do so will constitute a breach of this agreement and result in the immediate termination of the User’s account.
16.3 Users are solely responsible for any activity that occurs on their user account. All usernames and passwords are personal to the User and the User shall be liable for any loss or damage sustained by the User, Fundfind or any third party as a result of any actions by the User or any other person to whom the User has disclosed their username and password. The User shall advise Fundfind immediately should any other person gain access to its username and/or password.
16.4 The User authorises Fundfind to act on any request or instruction given by it and/or which purports to have been sent by the User, even if it subsequently transpires that any such request or instruction has been fraudulently submitted by another person, unless the User has notified Fundfind upon becoming aware of any such fraudulent conduct and before Fundfind has acted on the request or instruction.
16.5 While Fundfind takes reasonable security precautions in line with generally accepted industry standards to protect the data on this website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code being introduced or passed on to the User through the use of this website.
16.6 The following acts in connection with this web site are expressly prohibited:
16.6.1 Gaining or attempting to gain unauthorised access to this website or any web page that forms part of this website;
16.6.2 Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
16.6.3 Any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.
16.7 Fundfind shall pursue the prosecution of and claim compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.
16.8 If any security violations are reasonably believed to have occurred in connection with any User’s account, Fundfind will notify a user immediately and take any reasonable steps to suspend the account and/or change the relevant details.
16.9 Fundfind employs normal back-up procedures for data entered into and/or used with this website. In the event of any loss or damage to data entered into and/or used with this website, Fundfind will use reasonable commercial efforts to restore the lost or damaged information from the latest back-up of such information maintained by it. Fundfind shall not be responsible for any loss, destruction, alteration or disclosure of information caused by no fault on its part.
17.1 All intellectual property rights in all content, images, software, source code, databases and other original material contained in this website, which is not user generated content and/or is not attributed to a third party, is held by or licensed to Fundfind, who hereby asserts and reserves all such rights, including its moral rights.
17.2 Fundfind grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content on this website for their personal and non-commercial purposes only. Users wishing to use any content for their own commercial purposes may only do so with the prior written permission of Fundfind or from the relevant rights holder.
17.3 Any use of the content or any other part of this website which is protected under copyright must also be accompanied by the following notice: “© Fundfind (Pty) Ltd [insert year in which content is copied]. All rights reserved.”
17.4 If a User believes that this website in any way infringes a third party’s intellectual property rights, they must notify Fundfind immediately, specifying the full details of the alleged infringement.
18.1 Fundfind shall at all times comply with the take-down notice procedures set out in section 77 of the ECT Act.
18.2 Take-down notifications sent to Fundfind must comply with the following requirements:
18.2.1 the full names and address of the complainant;
18.2.2 the written or electronic signature of the complainant;
18.2.3 identification of the right that has allegedly been infringed;
18.2.4 identification of the material or activity that is claimed to be the subject of the complaint;
18.2.5 the remedial action required to be taken by the service provider in respect of the infringement;
18.2.6 telephonic and electronic contact details, if any, of the complainant;
18.2.7 a statement that the complainant is acting in good faith;
18.2.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
18.3 FUNDFIND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OR RESULTS FROM IT ACTING IN TERMS OF A VALID TAKE-DOWN NOTIFICATION SENT TO IT IN TERMS OF SECTION 77 OF THE ECT ACT.
19.1 This website may contain third party advertising. Third party advertisers are responsible for ensuring that advertising material submitted for inclusion in this website complies with all applicable laws and regulations.
19.2 FUNDFIND ACCORDINGLY EXCLUDES, TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE UNDER LAW, ANY RESPONSIBILITY OR LIABILITY FOR ANY ERROR OR INACCURACY APPEARING IN THIRD PARTY ADVERTISING MATERIAL.
19.3 This website may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.
20.1 The express permission in writing of Fundfind, which may be subject to conditions, is required before any deep-linking to or framing of this website, any of its pages and/or any of the content contained on this website is carried out by any person.
20.2 Permission to link to this website is given by Fundfind without assumption of any liability. Fundfind reserves the right to withdraw permission granted to link to this website at any time and for any reason.
20.3 HYPERLINKS CONTAINED ON THIS WEBSITE AND DIRECTED TOWARDS OTHER WEBSITES OR USERS ARE PROVIDED WITHOUT ANY WARRANTIES OR ENDORSEMENTS AS TO THE CONTENT, SUITABILITY, ACCURACY OR SECURITY OF THE SITE LINKED TO. FUNDFIND DOES NOT CONTROL OR EDIT THE CONTENT OF ANY WEBSITES OR PAGES LINKED TO, AND FUNDFIND DISCLAIMS ALL LIABILITY, DIRECT OR INDIRECT, WHICH MAY ARISE FROM THE USE OR INABILITY TO USE A LINK OR A LINKED-TO WEB SITE. USE OF SUCH WEBSITES OR PAGES LINKED TO IS ACCORDINGLY EXCLUSIVELY AT THE RISK OF THE USER.
20.4 Users may not use any meta tags or any other “hidden text” which is the same as or similar to Fundfind’s name or any of its trademarks, without Fundfind’s express written consent.
21.1 The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.
21.2 This website is owned, hosted and maintained within the Republic of South Africa.
21.3 When using this website and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.
22.1 Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.
22.2 The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.
22.3 Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
22.4 The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.
22.5 The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.
23.1 Fundfind reserves the right, at any time, to amend any of the terms and conditions set out herein.
23.2 An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.
23.3 Any amendment made to this agreement shall become binding and enforceable from the date of publication.
23.4 The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and before proceeding to use it further.
23.5 If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately.
24.1 Fundfind reserves the right, in its sole and absolute discretion, and subject to prior notification given to the relevant User, to terminate this agreement if:
24.1.1 Fundfind, in its sole discretion, regards any action or inaction by a User as an abuse of the website or any of the services or content associated with the website; and
24.1.2 Where events beyond the reasonable control of Fundfind, including technical failures, prevent the continuing provision of this website.
24.2 In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages:
24.2.1 to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or
24.2.2 to cancel this agreement.
24.3 In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.
25.1 Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.
25.2 In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.
25.3 This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and Fundfind.
25.4 It is expressly agreed that neither Fundfind nor any User has the authority to bind the other to any third person, or to otherwise act in any way as the representative of the other, or to incur any liability on behalf of the other, or to pledge the credit of the other party, unless otherwise agreed upon in writing between the parties.
25.5 Nothing in this agreement shall be construed as creating a partnership or joint venture between Fundfind and any User.
25.6 Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTANDS THE RIGHTS AND OBLIGATIONS SET FORTH HEREIN. BY REGISTERING ON AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.
These terms and conditions were last updated on 22 April 2013 and this version supercedes all previous versions published on the website before this date.