Fosa | Terms

1 OVERVIEW

1.1 This website is operated by Firearm Owners South Africa (Pty) Ltd (herein after referred to as “FOSA”), based in South Africa. Throughout the site, the terms “we”, “us” and “our” refer to FOSA. We offer this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 By visiting our website and/ or registering as a member, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.4 Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2 WEBSITE TERMS AND WEBSITE CONTENT

2.1 By agreeing to these Terms of Service, you confirm that you understand that the contents of this website, including images, data, information, suggestions and graphics, is provided to you in order to assist you and must not be taken to constitute the only truth in respect thereof.

2.2 You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3 You must not transmit any worms or viruses or any code of a destructive nature.

2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2.5 Even though you are able to access and view this website without registering as a member, registration as a member is required to participate in and store your information on this website as we will require your consent to collect and store your personal information, as pr our privacy policy, in order to render our services to you.

2.6 The content of this website is made available to you as a platform to simplify FOSA member administration of service with the primary objective of providing you with educational and explanatory material as well as

3 GENERAL CONDITIONS

3.1 We reserve the right to refuse service to anyone for any reason at any time.

3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

3.4 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1 We shall take all reasonable efforts to accurately reflect the description, availability and price and of Services. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

4.2 Occasionally there may be information on our website, marketing communication or in the Service that contains typographical errors, inaccuracies or omissions.

4.3 We reserve the right to correct any such errors, inaccuracies or omissions, to change or update information.

4.4 You understand and agree that you use this website at your own risk and that you should not rely exclusively on the information herein provided.

4.5 We are not responsible if information made available on this website is not accurate, complete or current as we obtain information relating to firearm licensing, wildlife, hunting and/or sport shooting from independent professionals, organizations and/or official bodies. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website is at your own risk.

4.6 We undertake no obligation to update, amend or clarify information in the Service or on any related website, marketing communication, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

4.7 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

4.8 We have endeavoured to display information on the website as accurately as possible but the responsibility remains with you to ensure that you, as the owner of a firearm, participate responsibly in activities presented by us.

6 LIMITED AVAILABILITY

6.1 All services will be available exclusively online through the website.

7 PRICING

Once off admin fee: R200

Annual membership price:R350

Dedicated Hunter Electronic course: R400

Dedicated Hunter Hardcopy course:R450

Dedicated Sport Shooter Electronic course:R400

Dedicated Sport Shooter Hardcopy course:R450

Dedicated Hunter & Sport Shooter Electronic course:R400

Dedicated Hunter & Sport Shooter Hardcopy course:R500

Recognition of prior status:R100

8 PayGate

1. Detailed description of goods and/or services
FOSA is a business in the Hunter/Sport Shooter industry that Acquires/Maintains activities and Status.

2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 4 days and delivery confirmed by way via email.

3. Customer Privacy policy
FOSA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569.

4. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the FOSA bank account, the details of which will be provided on request.

5. Card acquiring and security
Card transactions will be acquired for FOSA via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

6. Customer details separate from card details

Customer details will be stored by FOSA separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

7. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

8. Responsibility
FOSA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

9. Country of domicile
This website is governed by the laws of South Africa and FOSA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature at Lynnwood Bridge Office Park, Block A, First Floor, Lynnwood.

10. Variation
FOSA may, in its sole discretion, change this agreement or any part thereof at any time without notice.

11. Company information
This website is run by Private Company based in South Africa trading as Fosa and with registration number 2017/133383/07 and Directors.

12. FOSA contact details
Company Physical Address: Lynnwood Bridge Office Park, Block A, First Floor, Lynnwood Road, Pretoria 0081.
Email: info@fosa.co.za

Telephone: 012 369 9560

10 OPTIONAL TOOLS

10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

10.2 You acknowledge and agree that we provide access to such tools ”as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

10.3 Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

10.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

11 THIRD-PARTY LINKS

11.1 Certain content and services available via our Service may include materials from third-parties.

11.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

11.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11.4 Please refer to our Privacy Policy in terms of which we indemnify ourselves against the use of third party links.

12 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

12.1 If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

12.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13 PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy. Please find the link to our Privacy Policy on our website footer, or contact [info@fosa.co.za] to request the details.

15 REFUNDS

The rules under which refunds are processed are specified in our Refunds Policy. Please find the link to our Returns Policy on our website footer, or contact [info@fosa.co.za] to request the details.

16 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

17 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

17.1 We do not warrant that the quality of any services, information, or other material furnished or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

17.2 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

17.3 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

17.4 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

17.5 You expressly agree that your use of, or inability to use, the service is at your sole risk. The services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

17.6 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18 INDEMNIFICATION

You agree to indemnify us, defend us and hold us harmless, as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19 SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20 TERMINATION

20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21 ENTIRE AGREEMENT

21.1 Should we fail to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

21.2 These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22 GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

23 CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24 CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [info@fosa.co.za].