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Web Site Terms & Conditions
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of Futureform: (021) 551 1932/3. Web site: www.futureform.co.za. This document is licensed to FUTUREFORM CC for use on their web site(s) only.
1. USAGE
1.1 Persons using the FUTUREFORM web site for any reason whatsoever subject themselves to and agree to the terms and conditions of FUTUREFORM when accessing the web site as set out below.
1.2 This web site is intended to provide the user with information regarding FUTUREFORM its products offered and/or services rendered.
1.3 Without derogating from the a foregoing, FUTUREFORM hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:
1.3.1 Such content is used for information and/or non-
1.3.2 Any reproduction of this the content of this web site, or portion thereof, must include the following copyright notice:
© FUTUREFORM 1990 -
1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to FUTUREFORM, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
3.1. The full name and legal status of the web site owner is:
Futureform CC reg no. CK 91/28147/23
3.1 The full address of the web site owner is detailed hereunder.
3.2 The web site address of this web site is: http://www.futureform.co.za
3.3 Members:
· Mr. H. Ferguson
o 9 Marconi crescent, Montague Gardens, 7442
· Mrs. A. Ferguson
o 9 Marconi crescent, Montague Gardens, 7442
3.4 Physical address for receipt of legal service:
9 Marconi crescent
Montague Gardens
Cape Town
7442
South Africa
3.5. Main business: FUTUREFORM is a closed corporation, manufacturer of composite and glass fibre parts and products.
4. AGREEMENT
4.1 FUTUREFORM may remove any service rendered and/or products offered from the web site at its sole discretion.
4.2 An agreement between FUTUREFORM and a user shall only come into effect if and when:
4.2.1 An electronic transfer is reflected on FUTUREFORM bank statement and only if such payment is received within 5 (five) business days after completion of the purchase cycle; or
4.2.3 A direct deposit, cheque or cash is reflected on FUTUREFORM bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle; and
4.2.4 An acknowledgement of the transactions concluded has been sent to you, the user.
4.3 FUTUREFORM reserves the right to refuse to accept and/or execute an application without giving any reasons therefore. FUTUREFORM also reserves the right to cancel an application in whole or in part in FUTUREFORM sole and absolute discretion. FUTUREFORM shall only be liable to refund monies already paid by the user minus cost of materials already attained.
4.4 Alternative dispute resolution: Not applicable
4.5 Cooling-
4.5.1 for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
4.5.2 by way of an auction;
4.5.3 for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
4.5.4 for services which has begun with the consumer's consent before the end of the seven day period referred to in section 45(1);
4.5.5 where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
4.5.6 where the goods
(a) are made to the consumer's specifications;
(b) or clearly personalized;
(c) by reason of their nature cannot be returned; or
(d) are liable to deteriorate or expire rapidly;
4.5.7 where audio or video recordings or computer software were unsealed by the consumer;
4.5.8 for the sale of newspapers, periodicals and magazines;
4.5.9 for the provision of gaming and lottery services; or
4.5.10 for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
4.5.11 completed courses
4.6 The users has the right to review, correct and cancel electronic transactions before the user effect payment and/or place an application form.
4.7 The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
4.8 By using this web site or communicating with FUTUREFORM by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
5. CHANGES AND AMENDMENTS
5.1 FUTUREFORM expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 FUTUREFORM reserves the right to change and amend the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check FUTUREFORM frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
6. PRIVACY POLICY
6.1 FUTUREFORM protects the user’s privacy:
6.2 No personal information will be disclosed to third parties without the user’s permission or due process.
6.3 FUTUREFORM gathers and will be in possession of the following private and personal information:
6.3.1 Information provided by the user voluntarily – this information is used to provide a better service to users; and
6.3.2 Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with FUTUREFORM. Cookies cannot harm your computer or carry viruses.
6.4 By using this web site the User consents to the following:
6.4.1 FUTUREFORM may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
6.4.2 FUTUREFORM may use user’s information for non-
6.4.3 FUTUREFORM retains the copyright in databases of personal information of users.
7. LINKING AND FRAMING
7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of FUTUREFORM.
7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of FUTUREFORM.
8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
8.1 No information or data on this web site is an offer, but merely an invitation to do business.
8.2 No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.
9. SEARCHING TECHNOLOGY
The use of non-
10. LINKS TO THIRD PARTY SITES
10.1 FUTUREFORM may provide links to the user only as a convenience and the inclusion of any link does not imply FUTUREFORM endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control of FUTUREFORM. FUTUREFORM shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site
11. SECURITY OF INFORMATION
11.1 All reasonable steps will be taken to secure a user’s information.
11.2 User’s undertake not to divulge their user name and passwords to any other person.
11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that FUTUREFORM should suffer any damage or loss, civil damages will be claimed.
12. DISCLAIMER
12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, FUTUREFORM shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, FUTUREFORM makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
12.2 This web site 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 FUTUREFORM that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of FUTUREFORM and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site
12.4 Neither FUTUREFORM nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
13. SEVERABILITY
13.1 These Terms and Conditions of Use constitute the entire agreement between FUTUREFORM and you, the user of this web site. Any failure by FUTUREFORM to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14. APPLICABLE AND GOVENERING LAW
This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.
15. CONDITIONS OF ENROLMENT
15.1. The Post Office acts as the agent for the user for acceptance and conveyance of all study material or correspondence addressed to the user or to FUTUREFORM.
15.2. Postage on everything sent to FUTUREFORM is payable by the user.
15.3. The replacement of study materials shall be for the account of the user.
15.4. Study material supplied to users may not be passed on or access given to anyone other than the registered user.
15.5. This application is subject to acceptance by FUTUREFORM.
15.6. The user shall be liable for all costs, collection charges and any other disbursements incurred by the College in recovering monies owed.
15.7. Fees charged by FUTUREFORM exclude Registration and Exam fees for Institutes and other external bodies.
15.9. Certificates/Diplomas will only be issued once the user’s account has been settled in full.
15.10. FUTUREFORM reserves the right to make an appropriate charge if the examination syllabus is changed involving the supply of additional study material or the correction of extra tests.
15.11. FUTUREFORM does not accept responsibility for a user’s eligibility or entry for course.
15.12. FUTUREFORM shall be entitled to charge interest in respect of amounts unpaid on the due date at 2% above the prime rate charged by its bankers.
15.13. FUTUREFORM will be entitled to verify the information contained on the user’s Application form and generally make any enquiries it deems necessary.
16. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
16.1. If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address:
The Webmaster
Futureform CC
9 Marconi crescent
Montague gardens
7442
South Africa
Email: info@futureform.co.za
Electronic Communication and Transaction Act 2002