FUTURETHIS WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS
This document contains the terms and conditions for the use of Futurethis website and extended online services. By accessing any page on the Futurethis website or making use of any online services you agree to the following terms and conditions. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Futurethis website or any part thereof or make use of any extended online services offered by futurethis.co.za, futureknow.co.za, orders.futurethis.co.za, skinnygreen.co.za or rites.co.za. If you do not agree with these terms and conditions you must leave the Futurethis web site and discontinue your use of all the online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions. Important terms which may limit Futurethis’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.
Futurethis Consultancy (Pty) Ltd (Futurethis) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
DEFINITIONS AND INTERPRETATION
- “Futurethis website” owned and operated by Futurethis and located at futurethis.co.za, including futurethis.co.za, futureknow.co.za, orders.futurethis.co.za, skinnygreen.co.za or rites.co.za or any page, part or element thereof;
- “online services” means the Futurethis website and any other service offered by Futurethis through electronic means, including but not limited to electronic billing platforms, Futurethis memberships, online courses, online portals, online orders and interactive customer websites, and shall include the content and information provided or exchanged as part of such services;
- “User / you or your” means any person who enters or uses the Futurethis website or online services, notwithstanding the fact that such a person only visits the home page of the Futurethis website or online service portals;
- References herein to the singular include the plural and vice versa and;
- Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
- Whilst every reasonable effort has been made by Futurethis, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, Futurethis, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
- Futurethis makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
- Futurethis does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
INDEMNITIES AND LIMITATION OF LIABILITY
- Futurethis shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Futurethis accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by Futurethis gross negligence or intentional misconduct.
- Futurethis shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Futurethis, termination of any licence to operate or use the Futurethis website, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Futurethis’s reasonable control.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa and MasterCard.
CARD ACQUIRING AND SECURITY
Card transactions will be acquired for Futurethis via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by Futurethis separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Futurethis takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- Payment may be made via Visa, MasterCard, Diners or American Express Cards.
- Card transactions will be acquired for Futurethis Consultancy (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details will be stored by Futurethis Consultancy (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Country of domicile: This website is governed by the laws of South Africa and Futurethis Consultancy (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
PERMITTED USE AND LICENSE
- You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
- You warrant that you shall not:
- use the online services for commercial and non-private purposes; and
- use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
- The caching of the online services shall only be allowed if:
- the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when so required by Futurethis.
- If you use content from the online services in breach of these terms and conditions:
- Futurethis reserves the right to claim damages from you;
- Futurethis reserves the right to institute criminal proceedings against you; and
- Futurethis shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
PASSWORD/PIN FOR ACCESS TO ONLINE SERVICES
- You agree that you will be responsible for the safekeeping of your password/PIN for access to all online services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.
- Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the online services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
- You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that Futurethis shall not be liable in this regard.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the Futurethis web site and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Futurethis and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Futurethis website and online services are expressly reserved.
SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the Futurethis web site and the online services.
- Futurethis shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
- As and when necessary, Futurethis may electronically collect, store, disclose and/or use the following of your personal information:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns through coookies and analytics;
- e-mail address;
- IP address;
- geographical location;
- account details; and/or
- username and password (required for access to personal information pages).
- Futurethis collects stores and uses the above-mentioned information in order for Futurethis to:
- communicate requested information to you;
- respond to queries, responses or complaints submitted by you;
- process orders or applications for Futurethis products and/or services;
- create products or services that may meet your future requirements;
- provide you with access to restricted pages on the Futurethis website; and
- compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
- Futurethis may further collect non-personal information, for example, your IP address, the date and time of your visits to the Futurethis website, and browser history, to recognise Futurethis may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
- Futurethis owns and retains all rights to non-personal statistical information collected and compiled by Futurethis. As and when necessary, Futurethis may use and/or disclose your personal information collected:
- in order to comply with legal and regulatory requirements and applicable laws;
- to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
- to attorneys and/or debt collection agencies if you breach any agreements with Futurethis;
- to Futurethis’s agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Futurethis products, services and the online services to you;
- to consumer research companies for the purposes of conducting research on improving Futurethis products, services and the online services;
- for the purposes of us publishing a directory containing the name, address, details and the applicable mobile phone number of Futurethis subscribers; and
- for the purposes of Futurethis informing or sending information to you about any new services or products offered by Futurethis and/or by any of Futurethis’s agents and/or consultants and/or trade partners which we consider may be of interest to you. Futurethis will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
- By using the online services and the Futurethis website you understand that Futurethis may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the online services. Futurethis agrees that it will not disclose any personal information that could be used to identify you.
- Futurethis reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
HYPERLINKS TO THIRD PARTY SITES
- In the event that the online services contain hyperlinks to third party sites not controlled by Futurethis (“target sites”), Futurethis is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Futurethis of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Futurethis recommends that you check the policy of the target sites if you have any concerns or questions.
- Futurethis shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Futurethis website and/or online services without Futurethis’s prior written consent shall do so at their own risk and indemnify Futurethis against any loss, liability or damage that may result from the use of content from the Futurethis website and online services, if such content was accessed through a hyperlink not directed at the home page of the Futurethis website and/or online services. Futurethis’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- Futurethis shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Futurethis makes no warranties or representations in this regard.
- While Futurethis has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, Futurethis assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Futurethis’s
DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, Futurethis provides the following information:
- The full name and legal status of the online services owner: Futurethis Consultancy (Pty) Ltd.
- Company Registration Number 2006/022192/07
- VAT Registration Number 4120253283
- Company Director: Renate Klass
- Company Secretary: Renate Klass
- Street address: Oxford Manor, 21 Chaplin Road, Illovo, South Africa.;
- Postal address: Oxford Manor, 21 Chaplin Road, Illovo, South Africa.;
- Physical address for receipt of legal service: Oxford Manor, 21 Chaplin Road, Illovo, South Africa.;
- Main business: Futurethis is the supplier of the physical goods, specifically QMS Medicosmetics, Team Dr Joseph, Rites Skin Solution, Skin689, Skinny Green Coffee; Skinny Green Tea as well as online training and assessments.
- The web site addresses of the Futurethis website is: futurethis.co.za, futureknow.co.za, orders.futurethis.co.za, skinnygreen.co.za or rites.co.za;
- The official e-mail address of the Futurethis website is: firstname.lastname@example.org;
- Access to and use of the Futurethis website is provided free of charge;
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to Futurethis;
- You may return goods or services as detailed in ECTA, the Consumer Protection Act and Futurethis’s policies; and
- Users may lodge complaints concerning the online services with Futurethis at: email@example.com;
The Customer shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within 7 days after their receipt the Customer shall have notified the seller that the goods are rejected. (This does not however affect the customer’s statutory rights). If no such action has been taken, Futurethis Consultancy (Pty) Ltd shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
- If the goods are to be rejected in the time limit set in ACCEPTANCE clause above, the Customer shall comply with the return procedure as defined in clause 2, below. Futurethis Consultancy (Pty) Ltd will not accept any returned goods should the return not follow the aforementioned return procedure.
- The Customer must send all returns within 7 days of receipt to: Futurethis Consultancy (Pty) Ltd, Oxford Manor, 21 Chaplin Road, Illovo, South Africa. It is advisable that a certificate of posting is obtained.
- In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund or replacement. The faulty or damaged product must be returned to Futurethis Consultancy (Pty) Ltd before the refund or replacement can be issued.
- In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction, the Customer is entitled to a partial refund (full refund less postage, where standard post & packaging will be charged at R200.00) only. Goods must be returned to Futurethis Consultancy (Pty) Ltd before the partial refund can be issued. When returning items you are strongly advised to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
- Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been dispatched. If the order has been dispatched prior to the cancellation, the return procedure as defined in the Return Procedure clause 2 above will apply. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
- Cancellations can be made with Futurethis Consultancy (Pty) Ltd at Customer Services on +27 86 001 8022 or via email to firstname.lastname@example.org. If the goods have already been dispatched, Futurethis Consultancy (Pt) Ltd cannot refund any monies spent on postage & packaging. (Return Procedure clause 2 & 4)
CHANGES AND AMENDMENTS
To the extent permitted by law, Futurethis reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
- change these terms and conditions;
- change the content and/or services available from the online services;
- alter and/or discontinue any aspect of the online services; and/or
- change the software and hardware required to access and use the online services.
- The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.