Terms of Use

Last Updated: 1 January 2025

Welcome to fadewa.info (the "Website"), operated by fadewa (trading as fadewa, hereinafter referred to as "we", "us", or "our"). By accessing, browsing, or using this Website or any of the services offered through it, you agree to be legally bound by these Terms of Use ("Terms"). Please read them carefully before proceeding.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and fadewa. If you do not agree with any part of these Terms, you must immediately discontinue your use of this Website.

1. Acceptance of Terms

By accessing or using the Website at fadewa.info, you confirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 18, that you have obtained verifiable parental or guardian consent;
• You have the legal capacity to enter into binding agreements under the laws of the Republic of South Africa;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• You will comply with all applicable local, provincial, national, and international laws and regulations in your use of this Website.

Your continued use of the Website following any changes to these Terms constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

2. Description of Services

fadewa operates fadewa.info to provide users with access to its products, services, content, and associated online resources (collectively, the "Services"). The Services may include, but are not limited to:

• Providing informational content about our products and offerings;
• Facilitating user registrations, accounts, or subscriptions where applicable;
• Processing transactions or enquiries submitted through the Website;
• Communicating updates, newsletters, and promotional material to users who have opted in;
• Any other services we may introduce from time to time.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of the Services at any time without prior notice or liability. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Service or part thereof.

3. User Responsibilities and Acceptable Use

As a user of this Website, you agree to use it solely for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Website. You are responsible for ensuring that all persons who access the Website through your internet connection or device are aware of these Terms and comply with them.

You agree NOT to:

• Use the Website in any way that violates the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), the Protection of Personal Information Act 4 of 2013 (POPIA), the Consumer Protection Act 68 of 2008 (CPA), or any other applicable South African or international law;
• Transmit, distribute, or upload any material that is unlawful, harmful, defamatory, obscene, offensive, discriminatory, or otherwise objectionable;
• Engage in any conduct that is intended to defraud, deceive, or mislead us or other users;
• Attempt to gain unauthorised access to any part of the Website, its servers, or any network connected to the Website;
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
• Use automated scripts, bots, scrapers, or similar tools to extract data from the Website without our express written consent;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Collect or harvest personal information of other users without their consent;
• Post, transmit, or distribute unsolicited commercial communications (spam);
• Interfere with or disrupt the integrity or performance of the Website or its underlying infrastructure.

We reserve the right to take appropriate legal action against any user who violates the acceptable use provisions of these Terms, including reporting such conduct to the relevant South African authorities.

4. Intellectual Property Rights

All content on fadewa.info, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, the "Content"), is the exclusive property of fadewa or its content suppliers and is protected under South African and international intellectual property laws, including the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its Content for your personal, non-commercial use only. This licence does not include:

• Any resale or commercial use of the Website or its Content;
• The reproduction, duplication, copying, sale, or exploitation of any part of the Website;
• Any collection or use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Downloading or copying of account information for the benefit of another party.

Any unauthorised use of the Content may violate applicable intellectual property laws and could result in civil or criminal penalties. The trademarks, service marks, and trade names used on this Website are registered and unregistered marks of fadewa. Nothing on this Website shall be construed as granting any licence or right to use any trademark without our prior written consent.

5. Disclaimer of Warranties

The Website and all Content, Services, and materials available through it are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, fadewa expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, timely, secure, or error-free;
• Warranties as to the accuracy, reliability, completeness, or currency of any Content on the Website;
• Warranties that defects in the Website will be corrected;
• Warranties that the Website or its servers are free of viruses or other harmful components.

Nothing in these Terms shall limit or exclude any statutory rights you may have as a consumer under the Consumer Protection Act 68 of 2008 which cannot be excluded or limited by contract. Any implied condition or warranty whose exclusion would contravene any statute or cause any part of this clause to be void shall be excluded to the extent permitted by law.

6. Limitation of Liability

To the maximum extent permitted by applicable South African law, fadewa, its directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with:

• Your access to or use of (or inability to access or use) the Website or Services;
• Any conduct or content of any third party on the Website;
• Any Content obtained from the Website;
• Unauthorised access to or alteration of your transmissions or data;
• Any loss of profit, goodwill, data, or other intangible losses.

Where liability cannot be fully excluded under the Consumer Protection Act 68 of 2008 or any other applicable legislation, our total aggregate liability to you in respect of all claims arising under or in connection with these Terms shall not exceed the amount paid by you, if any, to fadewa in the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, delict (tort), statute, or otherwise, and even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to defend, indemnify, and hold harmless fadewa, its affiliates, directors, officers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of the Website or Services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property rights or privacy rights;
• Any content you submit, post, transmit, or make available through the Website;
• Any fraudulent or wilful misconduct by you.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defence of such claim.

8. Third-Party Links and Content

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by fadewa. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant or endorse any third-party website or service.

We strongly advise you to review the terms and privacy policies of any third-party websites you visit. Your use of such third-party websites is entirely at your own risk, and these Terms do not apply to your interactions with such sites.

9. Privacy and Data Protection

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. fadewa is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and all other applicable South African data protection legislation. By using the Website, you consent to the processing of your personal information as described in our Privacy Policy.

10. Force Majeure

fadewa shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, fires, earthquakes, or other natural phenomena;
• Acts of government, war, armed conflict, riots, civil unrest, or terrorism;
• Epidemics, pandemics, or public health emergencies declared by the South African government or international bodies;
• Strikes, industrial disputes, or labour stoppages;
• Power outages, load shedding, or failures of telecommunications infrastructure;
• Internet or network failures beyond our reasonable control;
• Actions or inactions of third-party service providers.

In the event of a force majeure event, we will endeavour to notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations as quickly as possible.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any conflict of law principles.

Subject to the dispute resolution provisions set out below, you irrevocably submit to the exclusive jurisdiction of the courts of the Republic of South Africa for resolution of any dispute arising under or in connection with these Terms. If you are a consumer, you may also have the right to bring proceedings in the courts of the province in which you ordinarily reside.

12. Dispute Resolution

We are committed to resolving disputes in a fair, efficient, and cost-effective manner. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the following process shall apply:

1. Informal Resolution: In the first instance, you agree to contact us directly at [email protected] to attempt to resolve the dispute informally. We will endeavour to respond and work towards resolution within 15 (fifteen) business days of receiving your complaint.
2. Mediation: If the dispute cannot be resolved informally within 30 (thirty) days of the initial complaint, either party may refer the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or such other accredited mediation service as the parties may agree. The costs of mediation shall be borne equally by the parties unless otherwise agreed.
3. Consumer Protection: If you are a consumer, you retain the right to refer a complaint to the National Consumer Commission (NCC) or the relevant ombud with jurisdiction over the matter, in accordance with the Consumer Protection Act 68 of 2008.
4. Arbitration or Litigation: If mediation fails or is not agreed upon, either party may pursue their rights through arbitration under AFSA rules or institute proceedings in the competent court of the Republic of South Africa.

Nothing in this clause shall prevent either party from seeking urgent or interim relief from a court of competent jurisdiction where necessary to protect their rights.

13. Modification of Terms

fadewa reserves the right, in its sole discretion, to modify, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. Where the changes are material, we may also notify you by email (if we hold your contact information) or by posting a prominent notice on the Website.

Your continued use of the Website after any changes have been posted constitutes your binding acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately stop using the Website. We encourage you to review these Terms regularly to stay informed of any updates.

14. Termination

We reserve the right to suspend or terminate your access to the Website and Services, in whole or in part, with or without notice, at any time and for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties;
• Your violation of any applicable law or regulation;
• Extended periods of inactivity on your account (if applicable);
• A request by law enforcement or regulatory authorities.

Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution provisions.

15. Severability

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

Where any provision is severed, the parties agree that the court or tribunal shall, where permissible, give effect to the parties' intentions as reflected in the original provision, and shall modify the provision only to the minimum extent necessary to make it enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and fadewa with respect to your use of the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

17. Waiver

No waiver by fadewa of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Electronic Communications

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), by using this Website, you consent to receiving communications from us electronically. We may communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Accessibility and Use in South Africa

This Website is intended primarily for users located in the Republic of South Africa. fadewa makes no representation that the Content or Services available on the Website are appropriate or available for use outside of South Africa. If you access the Website from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.

All prices displayed on the Website, where applicable, are quoted in South African Rand (ZAR) unless expressly stated otherwise, and are inclusive of Value Added Tax (VAT) as required by the Value-Added Tax Act 89 of 1991, unless stated otherwise.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use or the Website, please contact us using the details below:

We will endeavour to respond to all legitimate enquiries within 5 (five) business days. For urgent matters, please indicate the urgency in the subject line of your email.

These Terms of Use were last reviewed and updated on 1 January 2025. fadewa reserves the right to update these Terms periodically in accordance with changes to applicable South African law and our business operations.