TERMS AND CONDITIONS OF USE
Last updated: 14 August 2024
1.
Introduction and Legal Terms
By accessing or using our website, https://fortisg.co.za/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Fortis Group. These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you. The terms "user", “subscriber”, “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Platform or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Fortis Group or its possession.
2.
Our Services
What Our Platform Offers
Our Platform is an online review platform specifically designed for the construction industry. (“Services”). Fortis Group offers a secure database for you as a user to manage and share information about past clients and/or contractors that you are or have previously worked with to advise other subscribers on your experience thereby supporting the Platform community to mitigate possible risks through shared experience.
Service Disclaimer
We are not responsible nor liable for any of the information, opinions, or reviews, uploaded to the Platform. We offer only the database and technology to house user-uploaded information and facilitate the connection between subscribers. You as a subscriber are alone responsible for the information and content you post to the Platform.
All information uploaded to and made available on the platform must be posted in accordance with these Terms and any other policy we make available. We have the right to remove any information from the Platform that violates these Terms.
3.
Registering with Fortis Group
Creating an Account: To sign up to the Services, we require you to complete our online application form to request access to the Platform. We ask you to provide us with all the requested information during the on-boarding process. We will review your application and once approved, you will be provided with email instructions to complete your registration with the Platform.
Accurate Information: When signing up to our Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and data. Please update your personal data yourself through your account or contact us to view or change your personal data.
One Account: You may use only your registered account to participate in our Services. Under no circumstances may you attempt to establish multiple accounts using multiple computers, names and identity information, or any program that masks your identity or generates a fake identity. We reserve the right to withhold, deny or cancel your account if we, in our sole discretion, deem your
account as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Terms or any other applicable law or regulation.
Warranty: By sharing your personal data with us, you warrant that the person using the Platform is you or has the authority to act on behalf of a juristic entity. You are responsible for the information you provide (including any third-party personal information), and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and processes personal data.
Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.
4.
Payment Terms
Subscription: To use our Platform, you must subscribe to our monthly subscription package. The package is billed from the day you first subscribe, and you will be rebilled on the same day of each following month thereafter until you cancel your subscription. You can cancel your subscription at any time (following the steps described below) before the next billing date and will continue to have access to the Services until the next billing date, after which you will not be billed again, and your subscription will end.
Payment Methods: We may allow several means of payment from time to time. If we make online payment available through our Services such payment option is facilitated via third party payment service providers or payment gateways that may be integrated and embedded in the Services. If you choose to proceed with an online payment, then you understand that you will be bound by the relevant payment service provider’s terms of use and privacy policy and that you may need to hold, or register, and create an account with such payment service provider. We are not responsible or liable for any activities or conduct of any payment service provider, and you agree to hold us harmless against any and all liability arising from or in connection with your use of any payment functionality and services.
Subscription Fees: Our subscription fee is available on request and is subject to change at any time in our reasonable discretion. You will be given 30 (thirty) days prior notice where there is a change in the subscription fee charged.
Invoices and Statements: You will receive an invoice for any payments made directly from our authorised payment service provider.
Limitation of Use: Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Services.
Refunds And Returns: Unless otherwise required by applicable laws, Fortis Group does not refund any fee which has been paid for a subscription package after a period of seven (7) days has elapsed. This also means that we will not return any fee already paid where you terminate your use of the Platform before the paid subscription period has lapsed entirely or where your account has been terminated for violating these Terms.
5.
Responsibilities and Warranties
Review Guidelines: to post any content or information to the Platform the following guidelines and restrictions shall apply:
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All subscribers will be vetted/moderated before being accepted to the Platform.
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Fortis Group retains the right to deny, suspend, cancel, delete or ban a subscriber listing at its reasonable discretion without having to provide a reason. Such decision will be based (amongst other reasons in our sole discretion) on a breach of these Terms, the Privacy Policy, breaking the law, trolling, abusive, bigoted, defamatory, offensive, prejudiced or general antisocial behaviour.
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A subscriber must not impersonate anyone, especially to cause harm or commit abuse or to further their business or commercial interests.
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Subscribers can only submit information about businesses/persons they have personally engaged with. Reviews must be about first-hand experience and not based on hearsay or anecdotal or inferred information. Information uploaded to the Platform must be true and factual and remain polite and respectful.
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We will not tolerate any, but not limited to, the following: foul language, abuse, hate speech, bigotry, racism, promotion of illegal or immoral activities, political or religious promotion, defamation, harassment, unsubstantiated or exaggerated claims, or promotion or advertising of businesses and services not listed on the Platform.
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All reviews and submitted information, even negative ones, should be factual and courteous. Fortis Group will not allow subscribers to be unfairly abused or trolled and we reserve the right to remove such information from the Platform.
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We encourage and will not sensor negative information, provided that they are civil, honest and not defamatory or contravene these Terms or our discretion.
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We will not remove a negative or undesirable information unless it meets the criteria listed above or a request has been submitted to us by a third-party mentioned to exercise their right to have their personal information removed from the Platform.
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We trust that information is made available on the Platform freely and honestly express the subscribers genuine experience. No subscriber may therefore publish negative or ‘bad’ reviews or information and ask another subscriber or third party to pay them to change it or take it down. Any subscriber doing this will be banned and their account removed by Fortis Group.
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We do not intervene, mediate or negotiate in disputes between subscribers nor those they have reviewed or provided information about.
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Once information has been uploaded, the subscriber will be able to add, modify or delete such information.
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All users expressly agree and understand that any information provided by a subscriber is the opinion and responsibility of the subscriber exclusively, and not in any way of Fortis Group. Should a Subscriber commit a civil or criminal offence in providing information (including personal information) to the Platform, Fortis Group will not be liable and will assist any third-party in prosecuting their claim against the infringing subscriber (howsoever possible, in Fortis Group’s discretion).
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As a subscriber you assume all risks associated with the information and content you upload, including another user’s reliance on the quality, accuracy, or reliability of such information.
Platform Responsibilities: by using the Platform and/or the Services, you warrant that -
• you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
• you have not made any misrepresentations, and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
• all users of the Platform/Services are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
• you lawfully possess and submit all information to Fortis Group for the use of the Platform and the Services and hereby indemnify Fortis Group against any third-party claims that may arise due to the processing of the information shared by you with Fortis Group;
• you will not post, upload, replicate or transmit any abusive content on the Platform or Services that is or could reasonably be considered to be threatening, harassing,
defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform or Services;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform/Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform/Services or the underlying software code;
• all uploaded information is true and correct in every regard, and will not be defamatory, harassing, unreasonable or unlawful in any way, where any breach of this warranty may constitute a criminal/civil offense;
• you will not infringe the intellectual property or other rights of any third party or Fortis Group or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Platform/Services for any commercial purpose other than as expressly provided for by Fortis Group herein;
• you will not use the Platform/Services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Fortis Group to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
Connected Devices: The Platform/Services is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform/Services. We do not guarantee that the Platform/Services, or any portion thereof, will function on any particular hardware or device.
Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform/Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
6.
Data Processing
We will store and process all data you provide to us when signing up to our Services and through your account when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy).
You hereby grant us, the right to use and process your data, as an operator (as defined under POPIA) for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you as a subscriber.
Please see our Privacy Policy for more information on how we process personal data.
7.
Messages and Hyperlinks
Data Messages between You and Fortis Group
Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.
Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
Hyperlinks, Deep Links, Framing
The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
8.
Intellectual Property
Platform IP: All website/software layout, website/software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Fortis Group, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.
Feedback: If you provide us with any suggestions, comments or other feedback relating to our Platform or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any Feedback to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any Feedback already provided by you.
No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform or Fortis Group are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform/Services, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related
third party IP. Fortis Group disclaims all liability related to any third-party components utilised in the Services. You acknowledge that Fortis Group is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP. Under no circumstances shall the Services or any portion thereof (except in respect of any third party IP contained therein) be deemed to be “open source” or “publicly available” software.
User License: Subject to adherence to the Terms, Fortis Group grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform/Services or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
9.
Indemnities and Disclaimers
Disclaimers
The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform, the Services, or information made available through the Platform. Your use of the Platform is at your sole risk unless otherwise explicitly stated.
All content, information, and/or opinions of subscribers made available on the Platform are those of the authors and not Fortis Group. While we make every reasonable effort to present such information accurately and reliably, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information. Any third-party who has their personal information uploaded to the Platform shall have the right to request such information be removed from the Platform.
Fortis Group, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform/Services and/or transactions or actions resulting from the Services or Platform.
Fortis Group, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any data loss, economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner, the reliance upon or use of content, information, opinions or other materials appearing on the Platform. You expressly acknowledge and agree that Fortis Group is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties whether through the Platform or otherwise.
Your sole and exclusive right and remedy in case of dissatisfaction with the Platform or Services, or any other grievance shall be your termination and discontinuation of access to, or use of the Platform and Services.
We take reasonable security measures to ensure the safety and integrity of the Platform and Services and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform/Services will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform or Services will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform/Services remains solely at your own risk, and you should take your own precautions accordingly.
Indemnities
You agree to indemnify, defend, and hold harmless Fortis Group, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, on an attorney and own client scale, made by any third party, and arising out of or in connection
with your access to or use of the Platform and Services, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
You agree to indemnify, defend, and hold Fortis Group, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your use of the Platform/Services and/or breach of these Terms.
Limitation on Amount of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A SUBSCRIBER TO FORTIS GROUP FOR ITS SERVICES DURING THE PRECEDING TWELVE MONTHS.
This clause will survive termination of these Terms.
10.
Dispute Resolution
Negotiation: Should any dispute, disagreement or claim arise between you and Fortis Group concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Fortis Group.
Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
11.
Termination of Use
IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM/SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
If you wish to terminate your agreement with us and these Terms, you may do so by providing us with 30 (thirty) days’ notice in writing. You may send an email of your intention to terminate to us at support@fortisg.co.za. Termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
In the event of termination of your agreement with these Terms we will remove you from the Platform/Services and delete your account and associated data in accordance with our data retention formula and processes.
12.
Notices and Service Address
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
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in the case of Fortis Group, at info@fortisg.co.za; or
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in the case of the user, at the e-mail, cellphone number, and/or address provided when registering with us.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
13.
Company Information
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Site owner: Fortis Group (Pty) Ltd
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Legal status: Private Company
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Registration number: 2024/291294/07
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Description of business: Software as a Service
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Platform address: https://fortisg.co.za/
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Email address: info@fortisg.co.za
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Telephone number: 0848501169
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Registered address: Unit 69 Louisa Park Complex, 53 Louisa Road, Centurion,
Gauteng, 0157
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Postal address: As Above.
14.
General
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. Fortis Group only provides software as a service, any formal engagement between users and third parties facilitated by the Platform is between them privately, and for which Fortis Group holds no responsibility. Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.
No Indulgence: No indulgence, leniency or extension of time granted by Fortis Group shall constitute a waiver of any of Fortis Group’ rights under these Terms and, accordingly, Fortis Group shall not be precluded as a consequence of having granted such indulgence, from
exercising any rights against the client which may have arisen in the past or which might arise in the future.
Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Fortis Group in relation to the payment failure or breach.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions above.
