These TERMS AND CONDITIONS are binding and enforceable against all persons that access the FIHRST website or any part thereof (the FIHRST website) in the terms of SECTION 11(3) of the ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002. If you do not agree to these TERMS AND CONDITIONS you must leave the FIHRST website immediately, as further use will automatically bind you to these TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
“User” means any person who enters or uses the FIHRST website, notwithstanding the fact that such a person only visited the home page of the FIHRST website;
the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
FIHRST is a Third Party Service Provider.
2. ALLOWED USE AND LICENSE
- FIHRST licenses the User to view, download and print the contents of the FIHRST website, provided that such content is used for personal, educational and/or non-commercial purposes only;
- Content from the FIHRST website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of FIHRST;
- Users may only access and use the FIHRST website for legal purposes;
- The caching of the FIHRST website shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the
- content from the FIHRST website 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 FIHRST.
If any User uses content from the FIHRST website in breach of the provisions detailed herein:
- FIHRST reserves the right to claim damages from the User;
- FIHRST reserves the right to institute criminal proceedings against the User; and
- FIHRST shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the user or any third party who obtained any content from the User.
Hyperlinks to the FIHRST website from any other source shall be directed at the home page of the FIHRST website. FIHRST shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the FIHRST website, if such content was accessed through a hyperlink not directed at the home page of the FIHRST website. Persons that wish to link to content beyond the home page of the FIHRST website shall do so at their own risk and indemnify FIHRST against any loss, liability or damage that may result from the use of content from the FIHRST website, if such content was accessed through a hyperlink not directed at the home page of the FIHRST website;
- No person may frame the FIHRST website, in any manner whatsoever, without the prior written consent of FIHRST;
- Apart from bona-fide search engine operators and use of the search facility provided on the FIHRST website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the FIHRST website for any purposes, without the prior written consent of FIHRST; and
- All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by FIHRST at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the FIHRST website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to FIHRST and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the FIHRST website are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the FIHRST website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the FIHRST website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and FIHRST has the duty to disclose the following information:
The full name and legal status of the website owner: FIHRST Holdings (Pty) Ltd.
Company Registration Number: 2009/022023/07
VAT registration number: 4390255257
Street address: President Place, 5th Floor, North Wing, Cnr Bolton and Jan Smuts Avenue, Rosebank, Johannesburg, South Africa
Postal address: PO Box 781038, Sandton, 2146
Physical address for receipt of legal service: President Place, 5th Floor, North Wing, Cnr Bolton and Jan Smuts Avenue, Rosebank, Johannesburg, South Africa
Telephone Number: 011 505 6801
Main business: Processing of Payments on behalf of Employers.
The website address of the FIHRST website is: www.FIHRST.com, www.fihrstai.net and www.payplus.co.za.
The official email address of the FIHRST website is: [email protected]
Membership of self-regulatory or accreditation bodies: South African Reserve Bank
Codes of conduct to which the FIHRST subscribes: Internal Code of Conduct
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- access to the FIHRST website;
- the inability to access the FIHRST website;
- the services and content available from the FIHRST website; or
- these terms and conditions,
Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
The costs associated with the access and use of the FIHRST website is as follows: Free;
- Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
- Users may lodge complaints concerning the FIHRST website by contacting [email protected] Users hereby assign the copyright in such complaints to FIHRST and understand that FIHRST may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
6. DISCLOSURES REQUIRED BY SECTION 8 OF THE FAIS ACT
FIHRST is not an Authorised Financial Services Provider as defined in the Financial Advisory and Intermediary Services Act 37 of 2002.security arrangements from time to time as we deem appropriate.
7. CHANGES AND AMENDMENTS
FIHRST expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions;
FIHRST shall take all reasonable steps to protect the personal information of Users and 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);
- name and surname;
- contact details;
- non-personal browsing habits and click patterns;
- email address; and
- IP address.
FIHRST may electronically collect, store and use, amongst other, the following personal information of Users:
- communicate requested information to the User;
- newsletter database;
- registration and / or authentication of Users; and
- to compile non-personal statistical information about browsing habits, click-patterns and access to the FIHRST website;
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
- FIHRST may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- FIHRST shall not disclose personal information from Users unless the User consents thereto;
- FIHRST shall disclose information without the User’s consent only through due legal process; and
- FIHRST may compile, use and share any information that does not relate to any specific individual; and
- FIHRST owns and retains all rights to non-personal statistical information collected and compiled by FIHRST.
9. HYPERLINKS TO THIRD PARTY SITES
FIHRST may provide hyperlinks to websites not controlled by FIHRST (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
FIHRST does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
FIHRST shall take all reasonable steps to secure the content of the FIHRST website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, FIHRST does not make any warranties or representations that content shall be 100% safe and secure;
FIHRST is under no legal duty to encrypt any content or communications from and to the FIHRST website and is also under no legal duty to provide digital authentication of any page on the FIHRST website;
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the FIHRST website or the server and computer network that support the FIHRST website;
Notwithstanding criminal prosecution, any person who delivers any damaging code to the FIHRST website, whether on purpose or negligently, shall, without any limitation, indemnify and hold FIHRST harmless against any and all liability, damages and losses FIHRST and its partners / affiliates may suffer as a result of such damaging code;
Users may not develop, distribute or use any device to breach or overcome the security measures of the FIHRST website and FIHRST reserves the right to claim damages any and all persons concerned with a security failure or breach; and
Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by FIHRST and its partners / affiliates.
11. DISCLAIMER AND LIMITATION OF LIABILITY
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, FIHRST (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access to the FIHRST website;
- access to websites linked to the FIHRST website;
- inability to access the FIHRST website;
- inability to access websites linked to the FIHRST website;
- content available on the FIHRST website;
- services available from the FIHRST website;
- downloads and use of content from the FIHRST website; or
- any other reason not directly related to FIHRST’s gross negligence.
The FIHRST website is supplied on an “as is” basis and has not been compiled to meet the Users individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with FIHRST, that the content available from and through the FIHRST website meets the Users individual requirements and is compatible with the Users computer hardware and/or software;
Nothing on this site should be construed as solicitation, offer, advice, recommendation, or any other service to acquire or dispose of any financial advice or investment, or to engage in any other financial transaction or investment. The content and/or information contained on this site are provided for Users informational and educational convenience only. Nothing on this site should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions;
FIHRST does not make any warranties or representations that content and services available from the FIHRST website will in all cases be true, correct or free from any errors. FIHRST shall take all reasonable steps to ensure the quality and accuracy of content available from the FIHRST website and encourage Users to report incorrect and untrue information subject to the right of FIHRST to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
FIHRST does not make any warranties or representations that the FIHRST website shall be available at all times. Users acknowledge that the FIHRST website may be unavailable due to updates or other causes beyond the reasonable control of FIHRST, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”
12. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the FIHRST website to FIHRST and FIHRST undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to FIHRSTs’ right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the FIHRST website, its staff and employees; and
The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
14. ENTIRE AGREEMENT AND SEVERABILITY
These terms and conditions constitute the entire agreement between FIHRST and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by FIHRST from the User; Any failure by FIHRST to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and FIHRST agree that:
- the User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the FIHRST website for the first time;
- data messages (as defined in the ECT Act) addressed by the User to FIHRST shall only be deemed to have been received if and when responded to and an automated response is not a response for this purpose;
- data messages (as defined in the ECT Act) addressed to the User by FIHRST shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
- data messages (as defined in the ECT Act) addressed by the User to FIHRST shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and FIHRST; and
- the User agrees and warrants that data messages that are sent to FIHRST from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
Subject to clause 5.5, the FIHRST website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the FIHRST website, its content, services and these terms and conditions.
17. LEGAL COSTS
FIHRST shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.