Privacy policy

By accessing or using the Foonda mobile application (we use the term “app” to refer to our web app and mobile app), you agree and intend to be legally bound by this Privacy Policy, including any changes that may be posted on the app from time to time. You should not use the app if you have any objections to any of these practices or terms. By agreeing to the following terms, you hereby agree that Foonda Technology Solutions (referred herein as ‘Foonda’) is indemnified from any and all responsibilities resulting from an abuse, misinterpretation, misunderstanding and/or misuse of the following terms by you (‘the user’) and/or any other third party.

Information you provide about yourself

When you “sign up” or create an account on the app, you provide us, at a minimum, with your first and last names, email address, birthday, gender, race, location, citizenship status, certain information regarding your academics and interests, and a password. This is information that can be uniquely identified with you or provide access to your account. In addition, you may also provide us with additional personally identifiable information through notes that you leave with us. We will keep all of this information private, except as provided in this Privacy Policy.

Information we collect

We keep track of most of the actions you take on the app. Additionally, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, including cookies.

When you access the app from a mobile phone or another device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.

We may use web tokens and “cookies” (small pieces of code or data we transmit to or store for an extended period of time on your browser, mobile phone, or other device) to make the app easier to use, to make our communications better, and to protect both you and the app. You can remove or block web tokens and cookies using the settings in your browser, but in some cases that may impact your ability to use the app.

How we protect information

  • Steps we take to keep your information secure. We utilize third party security infrastructure (App/application hosting, database management, cloud servers) that is consistent with commercially reasonable practices in South Africa. We have implemented technical and organizational measures that we believe will ensure a level of data security appropriate to the risk and severity of disclosure, taking into account the state of the art in South Africa, the costs of implementation and the stage of our company, and the nature, scope, context and purpose of our obtaining and using your information. We provide access security solely by providing you with access to and use of the app through a combination of usernames and passwords. We also may use automated and social measures to enhance security, such as analyzing account behaviour for fraudulent or otherwise anomalous behaviours, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Terms of Service. But you should keep in mind that no internet transmission is ever completely secure or error-free.
  • Risks inherent in sharing information Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the app, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on the app or that we use or have implemented.

You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

You understand that the app and your data may be compromised. While the app uses industry standard systems to support the app, like any technology, the app may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report data. We make no warranties with respect to the app or its performance or security.

You understand that the app may experience a security intrusion or data breach. As above, while the app uses industry standard systems to secure the app and your data, like any technology, the app may experience a security intrusion or data breach.

How we share and use your information

We may utilize information that does not personally identify you in order to personalize the app for our users. We do not sell or share your personally identifying information with advertisers. We do not share personal information with third parties for their direct marketing purposes.

  1. To conduct service offerings of the business, we may share your information with third-party companies or organizations for the purposes of conducting the scholarship application services offered by Foonda to the user. We may do so by, and not limited to, completing and submitting application forms from third-parties on your behalf, as well as receiving and responding to correspondence to and from third-party companies or organizations on your behalf.
  2. To generate market research, we do not sell or share your personally identifying information. However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personally identifiable information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.
  3. To offer joint services, we may provide services or offers jointly with other companies or organizations. We may share your information to facilitate that service or those offers. However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.
  4. To work with our service providers, we may share your information with service providers who are working with us in connection with the operation of the app. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.
  5. To manage or promote the service, we use information we collect (including the information you provide, such as personally identifiable information, information provided publicly and passively collected anonymous information) to provide the services and features of the app to you and to administer the app. This includes to analyse, measure, improve, market, promote and customize the app, as well as to prevent potentially illegal activities, detect and address irregular activity and screen content to prevent abuse, and to enforce our Terms of Service (using a variety of technological systems). We may also use this information to promote the app and for our business development. Under no circumstance will your personally identifying information be disclosed by the app for any of these purposes.
  6. To contact you, we may contact you with service-related announcements, marketing communications, promotions and other information. We may include personally identifiable information and content you see on the app in the communications we send to you.
  7. To respond to legal requests and prevent harm, we may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service. This may include sharing information with other companies, lawyers, courts or other government entities.

Transfer in the event of sale or change of control

If the ownership of all or substantially all of our business or the app changes, we may transfer your information to the new owner so that the service can continue to operate. In such a case, your information would remain subject to this privacy policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this policy.

Rights to content

The content of any information that is not personally identifying to you, such as any suggestions or ideas you provide to us, becomes our property for any use we may determine, without any notice or compensation to the author.

Other requirements

We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of the app, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of the app or when legally required to do so.

How you can change or remove information

You may change or remove your profile information at any time through the app. When we delete your account, this means we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using the app, you agree that we may keep this information permanently. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on the app and elsewhere to the extent it has been shared publicly or with others. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with this Privacy Policy.

Links

These privacy terms of use do not apply to Apps linked to/from or using the app or to entities or applications that the app does not own or control. The app is not affiliated with and does not endorse content, items or services of those Apps or third-parties. When you click on links on the app, you may leave our app. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external Apps, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such Apps.

Report violations

You should report any security violations to us at vpakade@gmail.com.

Terms of service

Welcome to Foonda! Foonda is an App, and web-based software platform, including Features and Account(s) (as defined below) (collectively, the “App”) owned and operated by Foonda Technology Solutions (Pty) Ltd (“Foonda”), a company organized and existing under the laws of the Republic of South Africa, (collectively, “Foonda” and/or the “Company”). By accessing this App we assume you accept these terms and conditions in full.

PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY BEFORE USING THE APP. BY ACCESSING AND/OR USING THE APP (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN BELOW. DO NOT CONTINUE TO USE FOONDA’S APP IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS STATED ON THIS PAGE.

THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN FOONDA AND YOU (“YOU” OR “USER”). YOUR CONTINUED USE OF THE APP FOLLOWING ANY CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THIS AGREEMENT AND/OR THE PRIVACY POLICY AND/OR THE COPYRIGHT POLICY, THEN YOU MAY NOT USE THE APP AND SHALL DISCONTINUE DOING SO IMMEDIATELY.

YOU ARE HEREBY, AFTER USAGE OF SAID APP, ENTERING INTO AND AGREEING TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE OR WISH TO BE BOUND BY THIS AGREEMENT, DISCONTINUE YOUR USAGE OF THE APP AND/OR TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS HEREIN.

INTELLECTUAL PROPERTY

The App and its content, including, but not limited to, the functionalities commonly referred to as Scholarships, About Us, Fields, Search, Matches, Notifications, Saved and/or Details (collectively, the “Features”), and all functionality related incidentally and/or indirectly thereto, (including the app services for which we may specifically provide a separate customer agreement) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features and all intellectual property rights to the same are owned by Foonda. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the App are owned by Foonda, Foonda’s licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the App any other intellectual property of Foonda. Any rights not expressly granted in these Terms are expressly reserved.

USERS

  • A. “User” shall mean any individual who completes the registration to become a registered User as set forth herein below, who downloads, installs, views, accesses, and/or uses the App in any manner, whatsoever, including, but not limited to, You, and other individuals as context may require.
  • B. If you are under the age of 16 years old, then you are not permitted to register as a User or otherwise submit personal information to the App. Foonda will not knowingly collect any personally identifiable information from children under the age of 16, nor will children under the age of 16 be allowed to register as a User. The App is not intended for children under the age of 16. Foonda will not knowingly register or otherwise collect personal information from persons who identify themselves as being under the age of 16 during the registration process, without prior consent of such child’s parent or guardian.
  • C. To become a registered User, you shall:
    • Provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password, and input identifying information, such as your functioning phone number, email, company and/or educational information, billing information, and possibly credit/debit card information, which may permit you access to certain areas of the App not available to non-registered users (an “Account”). You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at vpakade@gmail.com of any breach of security or unauthorized use of your Account.

USAGE

  • A. In no way is any right, title, interest, or any other portion except for such rights and/or privileges hereby given, to You by Foonda for use strictly in adherence with these Terms. The terms “App and/or Features and/or Account,” in addition to the definitions set forth above, shall include to mean, and refer to the following:
    • any updates, modifications or enhancements thereto regardless of whether the same are accessible by You or not; and
    • any specific App the App directs you to via any browser located on your Device, if the same is maintained by Foonda, or its affiliates.
    “Device” shall mean any computing device capable of operating the App, including, but not limited to, the iPhone, iPod Touch, iPad, and such other similar products by Apple and/or any mobile devices manufactured and/or implementing Android or any other operating system.
  • B. In exchange for the Registration Fee, Foonda grants permission to registered Users to operate and/or use the App on any Device controlled by such registered User, and to access and use the Software on Devices owned and/or controlled by such registered User strictly in accordance with these Terms solely for such registered User’s own purposes. All rights not expressly granted to such registered User are reserved by Foonda, its affiliates, and licensors. Your rights shall allow such registered User to use the Software on any Device that such registered User owns and/or controls, and as permitted by the usage rules.
    • You may not access the App if you are a direct competitor of Foonda, except with Foonda’s prior written consent. In addition, you may not access the App for the purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purpose.
    • You agree that at all times while using the App that you will comply with all Applicable Federal, State, international, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Application for any purpose, whatsoever, without obtaining prior written consent from Foonda, any third-party, or other Users in the case of User-Generated Content, as set forth hereinafter, who is the respective owner of such content. You hereby expressly acknowledge that you do not acquire any ownership rights or interests of any nature by way of any usage of the App, and that Foonda may revoke your rights, privileges and/or access without any notice to You whatsoever, and thereby your rights to continued usage of the App and/or any of your information stored therein or associated therewith.
  • C. These rights hereby established by these Terms shall be effective until terminated. FOONDA MAY TERMINATE YOUR RIGHTS AND/OR THESE TERMS WITH, OR WITHOUT ANY NOTICE TO YOU WHATSOEVER.
  • D. Foonda may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms, the App and/or Account, Your usage and access to same, and any rights or privileges afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then these Terms and any rights granted to You shall terminate automatically, without any notice or other action by Company. Upon the termination of these Terms, You shall cease all use of the App and delete the Account.

CONTENT GENERATED BY REGISTERED USERS

  • A. Foonda may now, or in the future, permit registered Users to post, upload, transmit through, or otherwise make available on the App (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, financial information, legal information and/or other materials (“User-Generated Content”). USER-GENERATED CONTENT INCLUDES INFORMATION ABOUT YOU SUBMITTED TO FOONDA DURING REGISTRATION FOR THE APP AND INFORMATION SUBMITTED TO FOONDA IN THE COURSE OF SEARCHING FOR SCHOLARSHIPS, SUCH AS THAT INFORMATION ENTERED INTO THE “PARAMETERS.” BY SUBMITTING USER-GENERATED CONTENT TO THE APP, YOU ASSIGN AND TRANSFER ALL RIGHT AND TITLE THEREIN TO FOONDA TO THE FULLEST EXTENT PERMITTED BY LAW. AS SUCH, FOONDA MAY USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY ALL USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED TO FOONDA THROUGH THE APP, AND TO INCORPORATE ANY USER-GENERATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. FOONDA WILL ALSO BE FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED IN THE USER-GENERATED CONTENT FOR ANY PURPOSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS AND SERVICES INCORPORATING SUCH INFORMATION. To the extent that any User-Generated Content may not be legally assigned or transferred as stated above, You hereby grant to such non-assignable/non-transferrable User-Generated Content to Foonda the royalty-free, perpetual (or otherwise longest duration permitted by law), irrevocable, transferrable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all such User-Generated Content, and to incorporate any such User- Generated Content in other works in any form, media, or technology now known or later developed. Foonda will not be required to treat any User- Generated Content as confidential, and may use any User-Generated Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Foonda operations.
  • B. Foonda cannot guarantee any confidentiality with respect to User-Generated Content and Foonda specifically reserves the express right to monitor User- Generated Content as it sees fit—even where such information has not been made public and is under a registered Account. Foonda will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Foonda operations. Foonda reserves the right to utilize User-Generated Content for promotional or other purposes as reflected in our Privacy Policy. Otherwise, it is solely your responsibility to monitor and protect any intellectual property rights that you may have in Your User-Generated Content, and Foonda does not accept any responsibility for same. You agree that Foonda has no such responsibility. You are responsible to comply with all terms and conditions applicable to Your User-Generated Content. Foonda will treat any personal information that you submit through this site in accordance with its Privacy Policy.
  • C. You shall not submit any User-Generated Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. YOU ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM YOUR FAILURE TO OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM USER-GENERATED CONTENT THAT YOU SUBMIT.
  • D. You represent, warrant, and covenant that you will not submit any User- Generated Content that:
    1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
    2. Impersonates another or is unlawful, threatening, abusive, harassing, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
    3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
    4. Is an advertisement for goods or services (without Foonda’s express written permission);
    5. Unnecessarily includes personal information;
    6. Contains a formula, instruction, or advice that could cause harm or injury;
    7. Is a chain letter of any kind;
    8. The licensed use by us hereunder would result in us having any obligation or liability to any party; or
    9. Violates any of the exclusions to use set forth in Section V (B) below.
    10. Amounts to any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the App, which will not be permitted.
  • E. WE RESERVE THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE FROM THE APP ANY USER-GENERATED CONTENT THAT WE DEEM VIOLATIVE OF THESE TERMS AND/OR ANY RULE OF LAW, REGULATION OR PROTOCOL, IN OUR SOLE DISCRETION.
  • F. We have the right, but not the obligation, to monitor all User-Generated Content. We have no obligation to post, maintain or otherwise make use of User-Generated Content and do not guarantee distribution of User-Generated Content. We may discontinue operation of the App and/or User-Generated Content, or your use of the App and/or User-Generated Content, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User-Generated Content on the App and we have no obligation to return your User-Generated Content or otherwise make it available to you.
  • H. We strive to keep User-Generated Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of User-Generated Content. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect User- Generated Content from unauthorized access, (b) routinely archive User- Generated Content, and (c) keep your User-Generated Content or any software that you use or run with the App current with the latest security patches or updates. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY OF USER-GENERATED CONTENT.
  • I. Feedback. In the event you elect, in connection with any of the App, to communicate to us suggestions for improvements to same or to any other property of Foonda, intellectual or otherwise, (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback.
  • J. Governmental requests for User-Generated Content. In keeping with our efforts to maintain your privacy, we will not disclose User-Generated Content to any governmental agency, body and/or department unless lawfully sought by presentation to us of a valid Subpoena, warrant or other such document.
  • K. Digital Communication. FOONDA IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY REGISTERED USERS THROUGH THE APP. OUR SERVICE IS A MEANS OF COMMUNICATION FOR REGISTERED USERS ONLY. DIGITAL COMMUNICATION MAY NOT BE AN OFFICIAL LEGAL FORM OF COMMUNICATION FOR ANY REASON. FOONDA WILL NOT BE HELD RESPONSIBLE FOR A USER’S FAILURE TO RECEIVE ANY BENEFIT OFFERED ON THE APP.
  • C. FOONDA HEREBY EXPRESSLY RESERVES THE RIGHT TO PREVENT ANY USER(S) FROM ACCESSING THE APP FOR ANY REASON, OR NO REASON, WITHIN ITS SOLE DISCRETION.
  • D. Registered accounts are protected by and subject to security safeguards. You agree that such safeguards are necessary and further agree that your Account shall be subject to all such safeguards.

USER LIABILITY

  • A. Liability of registered User(s). Registered User is responsible for any and all complaints, claims, causes of action and/or lawsuits caused by or arising out of registered User’s breach of these Terms and/or registered User’s use of the App and/or User-Generated Content. Registered User shall indemnify, reimburse and hold Foonda harmless for any and all such liability to the extent permitted by law.
  • B. Actions by Foonda. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Foonda, Users, and other third parties claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
    • We may close, suspend, or limit your access to your Account and/or the App and/or Features;
    • We may contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
    • We may update inaccurate information you provided us;
    • We may refuse to provide access to the App to you in the future; and/or
    • We may take legal action against you.
  • C. Actions by other third parties. You are responsible for third party complaints caused by or arising out of your breach of these Terms, and/or your use of the App and/or User-Generated Content. You agree to reimburse Foonda and/or a third party for any and all such liability.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FOONDA, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH:

  • (I) YOUR ACCESS TO OR USE OF THE APP;
  • (II) USER-GENERATED CONTENT PROVIDED BY YOU OR THROUGH USE OF YOUR ACCOUNT;
  • (III) ANY ACTUAL OR ALLEGED VIOLATION OR BREACH BY YOU OF THESE TERMS;
  • (IV) ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT THAT YOU HAVE MADE TO US; (V) YOUR ACTS OR OMISSIONS;
  • (VI) LOSS OF OR DAMAGE TO USER-GENERATED CONTENT FOR ANY REASON. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS HEREUNDER.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOONDA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:

  • WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS;
  • WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE APP;
  • WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
  • WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR APP OR ACCESSED THROUGH THE APP;
  • WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP;
  • WARRANTIES THAT YOUR USE OF THE APP WILL BE SECURE OR UNINTERRUPTED; AND
  • WARRANTIES THAT ERRORS IN THE APP WILL BE CORRECTED. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK. FOONDA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR SOFTWARE AND/OR USE OF THE APP.

LIMITATION ON LIABILITY

  • A. UNDER NO CIRCUMSTANCES SHALL FOONDA, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE APP AND/OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP INCLUDING, WITHOUT LIMITATION, THE APP IS TO STOP USING THE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE APP OR ANY LINKS ON THE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE APP.
  • B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FOONDA AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE AMOUNT OF THE SINGLE INSTANCE REGISTRATION FEE PAID TO FOONDA BY THE USER.
  • C. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, OR IN ANYWAY RELATED TO THESE TERMS, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
  • D. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
  • E. Disputes involving Foonda. In the event that a lawsuit is filed against a User of Foonda, and Foonda needs to seek legal counsel for any involvement in the matter, the User shall pay for all legal fees associated with the lawsuit. This clause in no way limits Foonda’s right to hire legal counsel of its choice.

TERMINATION

  • A. We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the App for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms. You agree that Foonda shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the App and/or any User-Generated Content that may reside there.
  • B. If you become a registered user, you may terminate your Account at any time by accessing your Account and deleting it. Before any Account may be deleted, any outstanding charges issued against the Account must be paid.
  • C. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Account or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.

CHOICE OF LAW; MANDATORY ARBITRATION

A. THIS AGREEMENT, THE APP AND/OR ANY DISPUTE ARISING THEREFROM SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE REPUBLIC OF SOUTH AFRICA. THE PARTIES WAIVE ANY OTHER VENUE TO WHICH EITHER PARTY MIGHT BE ENTITLED BY DOMICILE OR OTHERWISE. FOONDA MAKES NO REPRESENTATION THAT MATERIALS ON THE APP ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES HEREBY AGREE THAT ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL PROMPTLY BE SUBMITTED TO ARBITRATION IN THE REPUBLIC OF SOUTH AFRICA, BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE RULES OF ANY OTHER ARBITRATION ASSOCIATION. THE ARBITRATOR MAY ASSESS COSTS IN FAVOR OF FOONDA ONLY, INCLUDING COUNSEL FEES, IN SUCH MANNER AS THE ARBITRATOR DEEMS FAIR AND EQUITABLE. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES, AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT, THE APP AND/OR ANY DISPUTE ARISING THEREFROM.