These Terms and Conditions (“the Terms”) govern your (“the User”) use of the Independent Focus Close Corporation (CK2004/019632/23) trading as Find a Professional (“FAP”) websites located at the domain names www.findaprofessional.co.za , www.findanadvisor.co.za , www.findanaccountant.co.za, www.findanattorney.co.za (“the Websites”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
FAP reserves the rights to change, modify, add to or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this Website. It is your responsibility to periodically check these Terms and should you continue to use the Website following the posting of changes or updates your use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes/updates.
For the purposes of this Agreements terms like “our”, “we” and/or “us” shall mean FAP.
2. Website Contents
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FAP
This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Website ("Comments"), but please note that FAP will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of FAP. FAP will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.
You warrant that the Comments disclosed, submitted or offered by you to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. FAP disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.
4. Links to other Websites and services
This Website may contain links to other websites that are not under the control of FAP. FAP has no responsibility for the linked websites nor does it necessarily endorse the linked websites. FAP provides the links solely for the convenience and information of its Website Users.
5. Disclaimer and Indemnification
You expressly agree that use of the Website is entirely at your own risk. Neither FAP nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website or of any linked website, even if FAP is expressly advised thereof.
Furthermore, FAP makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to FAP.
This Website is supplied on an "as is" basis and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with FAP that the service available from and through this Website will meet the User's individual requirements and be compatible with the User's hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of FAP and Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
FAP disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
You agree to defend, indemnify and hold FAP harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
FAP receives various types of information (“the Information”) from Users who access the Website. FAP makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. FAP will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to FAP through the Internet, or that you expressly or implicitly authorise FAP to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of FAP, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.
FAP requires certain personal information to provide the services required to the User and the User may elect to provide certain personal information to other Users of the Website. FAP receives and stores all Information the User enters on the Website or gives to FAP, in any other way.
FAP do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the Website to each other and, amongst others, business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. FAP may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. FAP uses this information to determine use of the Website, and to improve Content thereon. FAP assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
FAP aspires to provide first-class service to its customers, which necessitates FAP providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact the FAP Help Desk.
FAP understands that efficiency and customer care translates to good service. FAP may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, FAP will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
FAP may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
7. Copyright and Intellectual Property
FAP provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by FAP, its affiliates and/or subsidiary, or any other third party owners of such content (“the Content”). Users may download, view and print content from this Website for private and non-commercial use only. All such proprietary works, and the compilation of the proprietary works, are copyright FAP and is protected by South African and international copyright laws. FAP reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by FAP.
FAP cannot screen or edit all the content available from the FAP Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform FAP of any content that may be offensive or illegal.
8. Governing Law
Should you purchase any product through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms or the use of the Website.
This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law.
In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of FAP, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.
Each of the parties hereby irrevocably agrees that the decision of the Arbitrator in arbitration proceedings shall be final and binding on them and may be made an Order of Court to whose jurisdiction the parties to the dispute are subject.
If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement.
This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by FAP shall not be construed as a waiver or variation of any of our rights or remedies.
In the event that you need to contact FAP for purposes related to these Terms and Conditions, please use the following:
Telephone: +27 (0) 21 783 2183
Fax: +27 (0) 86 608 6876
© FindaProfessional 2004 - 2012