Terms of Use

1  Terms and conditions of use

  1. This document sets out the terms and conditions ("Terms") of Forte Tech (Proprietary) Limited, registration number: 2020/194879/07 with its registered address at 16 The Meadows, Camps Bay, Cape Town, 8005 ("Service Provider") pertaining to the access and use of the information, products, services and functions provided on FORTE (“the Website”).

  2. Should any person that accesses the Website you ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.

  3. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.

  4. Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

  5. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.

  6. If there is anything in these Terms that you do not understand then please contact us as soon as possible see clause 11 below for contact details. Please note that calls to us may be monitored for training, security and quality assurance purposes.

2    Content of the website/app

  1. Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

  2. Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

  3. Service Provider may use the services of third parties to provide information on the Website. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.

  4. Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
    4.1 Service Provider does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
    4.2 
    whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
    4.3 Service Provider disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.


3    Linked third-party websites and third-party content

  1. The Service Provider may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply Service Provider's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.

  2. While Service Provider tries to provide links only to reputable websites or online partners, Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

  3. You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.


4    Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:

  1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner unless it is consistent with the intent and purpose of these Terms;

  2. decompile, disassemble or reverse engineer any portion of the Website;

  3. write and/or develop any derivative of the Website or any other software program based on the Website;

  4. modify or enhance the Website. In the event of a user affecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Service Provider;

  5. without Service Provider's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;

  6. remove any identification, trademark, copyright or other notices from the Website;

  7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

  8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.


5    Security

  1. In order to ensure the security and reliable operation of the services to all Service Provider's users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

  2. You may not utilise the Website in any manner which may compromise the security of Service Provider's networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.

  3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.


6    Intellectual property rights

  1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
    1.1 "Intellectual property rights" means all and any of the rights in and to the intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

  2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.

  3. By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

  4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.

  5. Except with Service Provider's express written permission, no proprietary material from this Website may be copied or retransmitted.

  6. Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

  7. Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.


7    Risk, limitation of liability and indemnity

  1. The user's use of this website and the information contained on the website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. The user hereby accepts that they shall have no claim whatsoever arising out of his/her use of the website and subsequent relationship with any service provider, howsoever arising.

  2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The service provider reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should the service provider deem it necessary.

  3. To the extent permissible by law:
    3.1     Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the service provider knows or should reasonably have known or is expressly advised thereof.
    3.2     The liability of the service provider for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to the service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the service provider. However, in no event shall the service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
    3.3     You hereby unconditionally and irrevocably indemnify the service provider and agree to hold the service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the service provider or instituted against the service provider as a direct or indirect result of:
    3.3.1     your use of the website;
    3.3.2     software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
    3.3.3     your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;
    3.3.4     the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
    3.3.5     any unavailability of, or interruption in, the service which is beyond the control of the service provider.

  4. Service provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against the service provider for any LOSS suffered by you, as a result of information supplied by the service provider being incorrect, incomplete or inaccurate.


8    Service provider privacy and cookie policy

  1. This clause 8 provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. Service Provider takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.

  2. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information, we don't mean general, statistical, aggregated or anonymised information.

  3. Your use of our services signifies your consent to us collecting and using your personal information as specified below.

  4. How we collect information about you
    We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly.

  5. How we use your information
    - We collect information directly from you where you provide us with your personal details.  Where possible, we will inform you what information you are required to provide to us and what information is optional.
    Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.”
    We will use your personal information only for the purposes for which it was collected and agreed with you.  In addition, where necessary your information may be retained for legal or research purposes. 
    For example:
    - To gather contact information;
    To confirm and verify your identity or to verify that you are an authorised user for security purposes;
    For the detection and prevention of fraud, crime, money laundering or other malpractice;
    To conduct market or customer satisfaction research or for statistical analysis;
    For audit and record-keeping purposes;
    In connection with legal proceedings.”

  6. How long do we keep your information for?
    The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

  7. Disclosing your information to third parties
    “We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
    ThisIsMe
    Google Maps
    Google LLC
    IOS
    Android
    -Firebase”

  8. When and where do we use cookies?
    Last updated: (10/05/2021)
    FORTE APP ("us", "we", or "our") uses cookies on FORTE-APP (the "Service"). By using the Service, you consent to the use of cookies.
    Our Cookies Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.
    What are cookies
    Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third party to recognize you and make your next visit easier and the Service more useful to you.
    Cookies can be "persistent" or "session" cookies.
    How FORTE-APP uses cookies
    When you use and access the Service, we may place a number of cookies files in your web browser.
    We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioural advertising.
    We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
    - Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
    Third-party cookies
    In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
    What are your choices regarding cookies?
    If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.
    Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
    Where can you find more information about cookies
    You can learn more about cookies and the following third-party websites:
    AllAboutCookies: http://www.allaboutcookies.org/
    Network Advertising Initiative: http://www.networkadvertising.org/

  9. How can you refuse or opt-out of cookies?
    Blocking cookies in your browser. 
    Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our websites. For example, we may not be able to recognize your computer or mobile device and preferences when visiting our websites.

    Blocking advertising ID use in your mobile settings. 
    Y
    our mobile device settings may provide the functionality to limit the use of the advertising ID associated with your mobile device for interest-based advertising purposes.

    Using privacy plug-ins or browsers. 
    You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave or Firefox, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.

    Changes to the Cookies Policy and Tracking Opt-out Guide
    We reserve the right to update this Cookies Policy and Tracking Opt-out Guide at any time, and we encourage you to review this Cookies Policy and Tracking Opt-out Guide from time to time to stay informed of how we are using cookies and other tracking technologies, and how you may opt-out of such tracking technologies.

  10. How can you manage your privacy preferences?
    If you would like us to stop processing your information for marketing purposes, please write to us at info@forte-app.com or via post at the below address.
    16 The Meadows, Camps Bay, Cape Town, 8005


9    Confidentiality

  1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by the Service Provider. You shall notify Service Provider should you discover any loss or unauthorised disclosure of the information.

  2. Any information or material sent to Service Provider will be deemed not to be confidential unless otherwise agreed in writing by the user and Service Provider.


10    Breach or cancellation by the service provider

  1. Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider's right to claim damages, should any user:
    1.1     breach any of these Terms;
    1.2     in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
    1.3     infringe any statute, regulation, ordinance or law.

  2. Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.


11    Compliance with section 43(1) of ECT Act

In compliance with section 43(1) of the ECT Act, the following is noted:

  1. Full name: Forte Tech (Proprietary) Limited

  2. Registration number: 2020/194879/07

  3. Physical Address: 16 The Meadows, Camps Bay, Cape Town, 8005

  4. Fax number: N/A

  5. Telephone number: N/A

  6. Website address: www.forte-app.com    

  7. E-mail address: info@forte-app.com

  8. Names of office bearers: Michele Marrai & Nkululeko Sibiya

  9. Fitness instruction
    Personal Training
    Yoga and Pilates
    Wellness Coaching
    Rehab and Recovery
     

For any complaints or disputes, please contact us at info@forte-app.com and we will respond within 24hrs. Cancellation policy: If your cancellation is at least 24 hours in advance of the class, you will receive a full refund. If your cancellation is less than 24 hours in advance, you will receive a gift certificate to attend a future class. We will do our best to accommodate your needs.

 

12    Compliance with laws

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Website.

 

13    Notices

Except as explicitly stated otherwise, any notices shall be given by email to info@forte-app.com (in the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.


14    General clauses

  1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

  2. This Website is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.

  3. Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors that are outside of our control.

  4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

  5. Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

  6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Service Provider.

  7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

  8. The headnotes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

  9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

  10. These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.