The Terms, Conditions and Privacy Policy (“Terms”) govern the use of the website that is hosted on the FSG Property Services platform (“FSG Website”). By checking the “I accept the Terms, Conditions & Privacy Policy” option and by utilising the FSG Website, the User agrees to be bound by the Terms as set out in this legal notice, as amended from time to time.

If the User does not wish to be bound by these Terms, the User is requested not to continue the use of the website.

In this Agreement unless otherwise required or indicated by the context:

• “FSG Property Services” shall mean FSG Property Services (Proprietary) Limited, including all its subsidiaries and related entities, a South African based private company with limited liability and registration number 2017/064201/07 and with its main offices located at 318 Sunrise Avenue, Northriding AH, Randburg, Gauteng, 2196, who is a facility management services company and provides a platform to Users to use the FSG Website in the Republic of South Africa and who is the owner of all copyright subsisting in any and all works/material contained on the FSG Website;
• “FSG Website” shall mean the FSG Website hosted on the Grid Host platform where a User can visit and browse the FSG Website that is located at the domain name fsgroup.co.za;
• “Personal Information” means any information that may be used to identify a specific person (whether it is a natural or juristic person);
• “System Data” shall mean usage, transactional and device-related data that is collected automatically by FSG Property Services;
• “User” shall mean any person who accesses or uses the FSG Website;
• “User Data” shall mean any data or content entered or captured by a User by means of the FSG Website, including data needed by the FSG Property Services Website to allow the User to make use of the FSG Website online.

FSG Website

FSG Property Services provides the FSG Website as a platform for Users to make use of the FSG Website.

This Agreement regulates the use of the FSG Website, which is developed and owned by FSG Property Services.

Availability of the service

If the User is in an area where there is weak or limited connectivity and/or the User attempts to access the FSG Website whilst being offline, the FSG Website may not function correctly and the User may not be using the most recent version of the FSG Website. FSG Property Services will not be liable for any damages suffered by a User arising from the use of an outdated version of the FSG Website or from using the FSG Website in an area of weak or limited connectivity.

Standard data costs will be charged when a User utilises the FSG Website. These costs are charged by the User’s mobile network operator or internet service provider, and FSG Property Services will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a User’s data costs must be referred to their individual mobile network operator or internet service provider.

The FSG Website service may be interrupted for the one-off following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. FSG Property Services may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.

Events beyond the control of FSG Property Services may affect the services offered. Such events may include events of force majeure.

Amendments to the agreement

FSG Property Services may change, modify, add to or remove from portions or the whole of these Terms. Changes to this Agreement will become effective when the changes are posted on the FSG Website. FSG Property Services will notify the User of the by posting a prominent notice on the FSG Website. The User’s continued use of the FSG Website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated terms in the Agreement, including any changes or updates

Indemnity and limitation of liability

Subject to the Privacy Policy, contained herein, the FSG Website and all content on the FSG Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and FSG Property Services, its suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. FSG Property Services makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

None of the content, including any information or articles published pertaining to specific aspects of the business of FSG Property Services, must be construed as advice in respect of such aspect. Neither FSG Property Services, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.

Neither FSG Property Services nor any holding company, affiliate, agent, subsidiary of FSG Property Services or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the FSG Website or any functionality, or of any linked website to the extent permissible by law.

The User indemnifies FSG Property Services against any loss or damages (direct, indirect and consequential) that FSG Property Services may suffer because:

• The User gave us wrong instructions or wrong information;
• An unauthorised third party carried out an instruction or made a payment without the User’s permission, on their behalf.

The User acknowledges and agrees that the Terms are entered into between the User and FSG Property Services and does not govern the relationship between the User and any third party.

Complaints and disputes

Users can file complaints by means of the “contact us” tab on the FSG Website. Currently, FSG Property Services does not subscribe to any alternative dispute resolution code or mechanism and a User may approach the courts should the dispute or complaint not be resolved.

Disclaimers

The User’s use of the FSG Website is dependent on factors beyond FSG Property Services control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity. FSG Property Services is not liable of any loss or damages the User may suffer if a factor beyond FSG Property Services control arises and you cannot access the FSG Website.

Neither FSG Property Services nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the FSG Website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

FSG Property Services is not responsible for any loss or damage where:

• Any technical interruption, malfunction, downtime or other failure that affects the FSG Website, FSG Property Services banking system, a third-party system or any part of any database for any reason;
• Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the FSG Website;
• Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or
• Any event that FSG Property Services has no control over.

Breach

FSG Property Services may suspend or disconnect the User from using the FSG Website if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after FSG Property Services has requested them to do so. FSG Property Services may still take other legal steps available to them, including but not limited to applying to a court for an urgent interdict against the User.

Copyright and intellectual property

“Intellectual Property” shall mean without limitation, any and all inventions, specifications, patents, designs, trademarks whether registered or not, service marks, trade names and all goodwill associated with the foregoing; present and future copyrights and copyrightable works, including, but not limited to,  logos, devices, designs, technical or other drawings, cinematographic films, photographs, literary works, sound recordings and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar nature whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

The User agrees that FSG Property Services is not liable for any of the following:

• The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on the FSG Website;
• Any content featured on the third-party websites that are accessed through the links found on the FSG

The User acknowledges that:

• They will have no claim to ownership, nor rights of any nature in and to any present and/or future copyright subsisting in any Intellectual Property featured on the FSG Website belonging to FSG Property Services and/or any third parties;
• FSG Property Services shall retain all right, title and interest in and to the Intellectual Property and the use of and subscription to the FSG Website shall confer no right, title or interest in and to the Intellectual Property to the User;
• The use of the FSG Website shall not confer any right in and to any present and/or future copyright subsisting in any Intellectual Property featured on the FSG Website belonging to FSG Property Services and/or any third parties other than for purposes of personal and private use of the FSG Website;
• The User shall have no right to license or sub-license any Intellectual Property to any person;
• The User shall not infringe, reproduce or incorporate in any works or other means the Intellectual Property rights of FSG Property Services and/or any third parties and shall not reverse engineer any Intellectual Property featured on the FSG Website;
• The User shall not publish any content, or content incorporating the Intellectual Property of FSG Property Services and/or any third parties on any platform, digital or otherwise and agrees and acknowledges that the content so published on the FSG Website shall be exclusive to the FSG Website and the Users thereof;
• They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to FSG Property Services and/or any third parties featured on the FSG Website;
• They will not use FSG Property Services and/or any third party Intellectual Property that is featured on the present FSG Website present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country to advance its own or another’s interests, business or otherwise;
• They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair FSG Property Services goodwill; and
• They will not use, register or attempt to register as trademarks trade names, corporate names, business names, , domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to FSG Property Services present and/or future Intellectual Property in any country.

The User indemnifies FSG Property Services against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against FSG Property Services relating to the User ‘s unauthorised use, disclosure or sharing of the FSG Website, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.

Any breach of the terms under this clause entitles FSG Property Services, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action FSG Property Services.

User feedback

Feedback provided by the User to FSG Property Services about any aspect or feature of the FSG Website may be used by FSG Property Services without any obligation to the User.

Choice of law

The FSG Website is controlled, operated and administered by FSG Property Services from its offices within the Republic of South Africa.

The Agreement will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng High Court in the event of any dispute.

If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

General

This Agreement contains all the provisions agreed on by the parties with regard to the use of the content and  the FSG Website and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.

The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.

FSG Property Services may terminate the FSG Website any time, without notice.

User contact information

If you have any questions about the FSG Website, you can contact us by means of the “contact us” tab.

Distribution and communication by email

Any email communication received from FSG Property Services is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify FSG Property Services directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, FSG Property Services spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure FSG Property Services acknowledges receipt of the User’s instruction.