1. Conditions of access

1.1 The use of the Fnootee.com web site ("this site") is subject to the terms and conditions of use as set out below. It is important that the user reads and understands the terms of use applicable to the Fnootee.com web site.

2. Acceptance

2.1 These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between Fnootee.com or its business associates as the case may be Fnootee.com and the user.

3. Information on this site

3.1 All information on this site is only intended to provide the user with general information about Fnootee.com its products and services.

3.2 IMPORTANT NOTICE: The online services and downloads available on this website are only available to persons that reside in, or are nationals of, or are incorporated under the laws, of the Republic of South Africa ("RSA") collectively referred to as "RSA" nationals. Users outside of South Africa may download material at their own risk, but international copyright laws apply to all materials and intellectual property on the Fnootee.com website.

3.3 All information regarding the products and services including information in respect of the terms and conditions or any other matters, is subject to change without notice.

4. Third party information

4.1 Fnootee.com may use the services of other third party organisations to provide information on this site. Fnootee.com has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. Fnootee.com will not be directly or indirectly liable for any damages that may arise from the user's reliance on it.

5. Amendments to these conditions

5.1 Fnootee.com may amend these conditions from time to time without notification to the user. By accessing this site the users are bound to the version of the terms and conditions published at the time of any visit to this site. The user agrees to view the current version each time that this site is visited.

5.2 The current version of these conditions will govern the respective rights and obligations of Fnootee.com and the user each time the user access this site.

6. Linked third party sites

6.1 This site may contain certain images and links to other third party websites ("linked sites") with information and material produced by other parties. The linked sites are not under the control of Fnootee.com and Fnootee.com is not responsible for the content of any linked site.

6.2 Fnootee.com is not responsible for webcasting or any other form of transmission from linked sites nor is Fnootee.com responsible if the linked site is not working appropriately or correctly.

6.3 Fnootee.com provides these links to you only as a convenience, and the inclusion of any links does not imply endorsement by Fnootee.com of the site, their business or security practices or any association with its operators or owners.

7. About Security

7.1 Fnootee.com is committed to making sure that your online experience is safe and secure. Fnootee.com uses multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.

8. Fnootee.com’s Commitment to Customer Privacy

8.1 Fnootee.com is committed to maintaining the privacy and security of its customers' personal and private information ("customer information") submitted to Fnootee.com via the www.fnootee.com website ("the/this website"). This privacy and security policy ("this policy") outlines Fnootee.com practices and commitment to the customer in this regard.

9.6 Fnootee.com does not accept any liability for loss or damage of any nature, including indirect or consequential loss, which may be attributable to the reliance on and use of any content on the www.fnootee.com website

10. Hyperlinks, deep linking, crawlers and metatags.

10.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site, Fnootee.com’s prior written consent is required. An application for linking must be submitted to info@fnootee.com

10.2 Fnootee.com’s consent may be withheld or granted, subject to conditions specified by Fnootee.com.

10.3 Breach of these conditions entitles Fnootee.com to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.

11. Intellectual Property Rights

11.1 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to Fnootee.com.

11.2 The user is authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

11.3 The material is used for considering use of the Fnootee.com products and services, and for no other commercial purposes.

11.4 Any reproduction of our proprietary material from this site or portion of it, must include the Fnootee.com copyright notice in its entirety or the copyright notice or watermark the material used.

11.5 The logos and trademarks shown on this site are Fnootee.com’s registered and unregistered trademarks, or that of third parties.

11.6 Nothing on this site should be construed as granting any licence or right to use any trademark without Fnootee.com’s prior written permission and/or that of third parties, as the case may be. The user may not, without Fnootee.com’s prior written consent, use Fnootee.com’s intellectual property or that of third parties for any purposes whatsoever.

11.7 All pictures, animations and videos may be purchased from Fnootee.com by a fee agreed upon and by mailing sales@fnootee.com . Once full payment is received by Fnootee.com a watermark free, high resolution picture, animation or video will be sent via email for personal use by the purchaser. Files that are too large will be uploaded to the Fnootee.com server for downloading by the purchaser after full payment is received. A link for downloading will be provided.

12. Sending of information

12.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.

12.2 The user accepts that Fnootee.com cannot be held liable for any loss, or damage suffered by the user as a result of unlawful activities by unscrupulous persons, as Fnootee.com has no control over, and cannot prevent such behaviour.

13. Warranties and representations

13.1 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and Fnootee.com disclaims any liability to the user in this regard.

13.2 Fnootee.com makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard

13.3 Although every possible care is taken, Fnootee.com does not warrant that the site or online services will be error-free

14. Disclaimer and limitation of liability

14.1 Use of this site and the online services is entirely at the user's own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and the user's reliance on information contained on it.

14.2 In no event will Fnootee.com be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the user's use of this site or the online services or the information contained on this site, or the user's inability to use this site or the online services, whether such damages arose out of contract, or otherwise, and regardless of whether Fnootee.com was expressly advised of the possibility of such loss or damage.

14.3 Without derogating from the generality of the above, and to the extent legally permitted, Fnootee.com will not be liable for:

14.4 Any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, Fnootee.com’s system, databases or any of its components, beyond Fnootee.com reasonable control;

14.5 Any loss or damage with regard to the users data or other data directly or indirectly caused by malfunction of Fnootee.com’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Fnootee.com’s system or third party systems; programming defects;

14.6 Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.

15. Capacity to enter into agreements

15.1 The user hereby warrants to Fnootee.com that the user has the required legal capacity to enter into and be bound by these terms and conditions.

15.2 Minors must be assisted by their legal guardians when reading these terms and conditions. When no guardian is present, the terms of use will still be the responsibility of the legal guardian of the minor when the website www.fnootee.com is accessed by the minor.

User's Liability to Fnootee.com

16.1 The user shall be liable to Fnootee.com for any liabilities, losses or expenses incurred by Fnootee.com as a result of any breach by the user of these terms and conditions.

17. Termination, suspension and limitation

17.1 Fnootee.com may:

17.1.1 Set limits or conditions on the right to certain services, features or functions on this site.

17.1.2 Restrict access to parts of or all of the services on the site; and

17.1.3 Modify, suspend or discontinue this site, whether temporarily or permanently, without notice.

18. Fnootee.com’s Address

18. 1 Fnootee.com’s address for any legal notice is:

Fnootee.com    1031 Seeleeu Street, Pretorius Park, Pretoria, 0042.

19. Customer Communications

19.1 The user acknowledges that Fnootee.com will use e-mail and notices on this site, as Fnootee.com’s main communication tool for all communications relating to this site, or these terms and conditions:

19.2 An e-mail message will be deemed to be sent:

19.2.1 by the user, at the time at which Fnootee.com is capable of accessing such message;

19.2.2 by Fnootee.com, at the time shown on the message as having been sent, or if not so shown, at the time shown on Fnootee.com’s computer system as having been sent.

19.2.3 An e-mail message is deemed to be received:

19.2.4 by the Subscriber once it becomes capable of being retrieved by the user;

19.2.5 by Fnootee.com, once Fnootee.com has confirmed receipt thereof to the user, or responded thereto, whichever is the earlier.

19.3 A message shall be attributed:

19.3.1 to the user, if it purports to have originated from the user, irrespective of the fact that someone else may have impersonated the user or whether the message sent to Fnootee.com resulted from an error or malfunction in the communication system;

19.3.2 to Fnootee.com, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by Fnootee.com and such system operated without error or malfunction.

19.3.3 Unless otherwise provided for in these terms and conditions and subject to clause (by Fnootee.com, once Fnootee.com has confirmed receipt thereof to the user, or responded thereto, whichever is the earlier) confirmation of receipt of your message is required to give legal effect to such message

21. Applicable law and jurisdiction

21.1 The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

22. General provisions

22.1 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

22.2 Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.

22.3 No failure or delay by Fnootee.com to exercise any of Fnootee.com’s rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

22.4 If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.

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