The Terms and Conditions were last updated on 25 June 2021
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
9. Content posted by you
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
14. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of South Africa.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
16. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
17. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
21. Entire agreement
22. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
23. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of South Africa. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
24. Contact information
This website is owned and operated by Freedom of Religion SA (FOR SA).
You may contact us regarding these Terms and Conditions through our contact page.
You can also download our Terms and Conditions as a PDF.
These Terms (“Terms”) govern your (“User”) use of the Freedom of Religion South Africa (“Provider”) website located at the domain name forsa.org.za (“Website”). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute Content obtained at the Website.
2. Updating of these Terms
Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.
3. Supplier of Goods or Services details
3.1 The Provider does not supply Goods or Services offered for sale, hire or exchange by way of an electronic transaction.
4. Goods or services:
4.1 The Provider only supplies electronic media (audio, video and print media) through its Website, free of charge.
5. Terms of download
6. Complaints and disputes
6.1 Users may file complaints via the “Contact Us” service of the website forsa.org.za. Currently Provider does not subscribe to any alternative dispute resolution code or mechanism.
7. Copyright and Intellectual Property Rights
7.1 Provider provides certain information on the Website. Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
7.2 The Provider may make any changes to the Website, the Content, or to Goods or Services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content, nor may the Content be used or distributed without the prior written approval of the Provider.
8. Limited License to General Users
8.1 Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, download and otherwise copy the current and future Content for personal, non- commercial and information purposes only, but excluding paid for Services and Goods, and the Content may not be distributed, altered or used in any way without the prior written approval of the Provider.
8.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
8.3 The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the prior express written consent of Provider.
8.4 Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel downloads in their sole discretion.
8.5 Any unauthorised use terminates this license.
9. Limited License to Registered Users
9.1 Provider allows and processes the registration of certain users (“Registered User”) at the Website, and reserves the right to retain the information supplied by the Registered User.
9.2 Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider subject to the terms of Clause 8 above.
9.3 This Website and the Content may only be:
• visited; or
• otherwise exploited,
for the specific purposes set out in herein.
9.4 The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant.
9.5 The Registered User may not frame the Website or the Content without the express written consent of Provider.
9.6 Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9.7 Any unauthorised use terminates this license.
10. Imitation of liability:
10.1 Subject to sections 43(5) and 43(6) of Electronic Communications and Transactions
Freedom of Religion SA NPC (FOR SA), Registration Number (South Africa): 2014/099286/08, forsa.org.za
e-Contracting: The provisions of Sections 11, 12, and 13 of the Electronic Communications and Transactions Act, 25 of 2002, in so far as e-contracting is concerned is expressly excluded and contracted out by FOR SA and no data message or electronic communication will be recognised as having legal contractual status as per the aforementioned provisions under any circumstances. All contracts concluded by FOR SA will only be legally binding and recognised once reduced to physical writing and physically signed by a duly authorised Director of FOR SA. All other provisions of the Electronic Communications and Transactions Act, 25 of 2002 are accepted.
E-mail notice & disclaimer: The information, services and/or products supplied or offered herein is intended solely for the named addressee only, and is used at your own risk and the e-mail recipient indemnifies and holds FOR SA harmless against all loss, damage, liability or expense from whatsoever cause arising, which you or any third may sustain as a result of having used the information, services or products offered herein. FOR SA makes no warranty or guarantee to you or any third party and disclaims any warranties or guarantees express or implied, given herein and it accepts no responsibility for the veracity of the content therein. Opinions expressed in this e-mail are those of the sender and not necessarily FOR SA.
Use of e-mail address: The addressee hereby agrees to FOR SA collecting his/her electronic data such as e-mail address and names for the purpose of sending or receiving e-mail communications to or from the addressee at the e-mail address or any other supplied to FOR SA, or for use in the administration of its affairs.