1.2 In this agreement, where we use ‘Us’, ‘We’, or ‘ForKeeps’ we mean ForKeeps (Pty) Ltd and where we make reference to ‘you’, we mean you as the user of the ForKeeps Platform (this includes the Website and Application/App).
1.3 The STC will be applicable to registered and non-registered users, unless stated otherwise.
2. Important Notice
2.1. These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), where applicable.
2.2. These STC’s contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit our risk or liability;
2.2.2. may create a risk or a liability for you; and/or
2.2.3. may compel you to indemnify ForKeeps; and/or
2.2.4. serves as an acknowledgement, by you, of a fact.
2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4. If there is any provision in these STC’s that you do not understand, it is your responsibility to ask ForKeeps to explain it to you before you accept the Terms and Conditions or continue using the ForKeeps Platform.
2.5. Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or ForKeeps in terms of the CPA or any other act or applicable law.
2.6. ForKeeps permits the use of the ForKeeps Platform subject to these STC’s. By using the ForKeeps Platform in any way, you shall be deemed to have accepted all the STC’s unconditionally. You must not use the ForKeeps Platform if you do not agree to the STC’s.
3. Registration and use of the ForKeeps Platform
3.1. To register as a you, you must provide a unique username and password and provide certain information and personal details to ForKeeps. You will need to use your unique username and password to access the ForKeeps Platform.
3.2. You agree and warrant that your username and password will:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. For security purposes you agree to enter the correct username and password whenever using the ForKeeps Platform, failing which you will be denied access.
3.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold ForKeeps liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.
3.5. You agree to notify ForKeeps immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.6. You acknowledge that if you create a “Forever Album” on the ForKeeps Platform of which you are solely responsible for the moderation. ForKeeps are not responsible for Album moderation and ForKeeps disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of any moderation or lack thereof.
3.7. By using the ForKeeps Platform you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the ForKeeps Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STC’s and to be liable and responsible for you and all your obligations under these STC’s.
3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the ForKeeps Platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the ForKeeps Platform or the information contained therein, without the prior written consent from an authorised ForKeeps representative.
3.9. You may not in any way display, publish, copy, print, post or otherwise use the ForKeeps Platform and/or the information contained therein without the express prior written consent of an authorised ForKeeps representative.
3.10. In using ForKeeps, you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
3.11. In using ForKeeps, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of ForKeeps, is objectionable, or which may expose others to any harm.
3.12. In using ForKeeps, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
4. Consent to obtain personal information
4.1 You concede that, to provide the services offered on the ForKeeps Platform, it may be necessary for ForKeeps to obtain information of a personal nature, other than information you specifically provide during registration and the use of the ForKeeps Platform.
5.1 Paygate Terms and Conditions
ForKeeps is a business in the Information Technology industry that allows app user to create and store timeless messages and albums.
Subject to availability and receipt of payment, requests will be processed within 10 days and delivery confirmed by way in-app notifications and or email and text messages.
The offering on this website is available internationally.
No Refunds are applicable for purchased services.
ForKeeps 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.
Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the ForKeeps bank account, the details of which will be provided on request.
Card transactions will be acquired for ForKeeps 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.
Customer details will be stored by ForKeeps 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.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Purchases will be made in USD, but the transactions are processed and settled in ZAR.
ForKeeps 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.
This website is governed by the laws of South Africa and ForKeeps 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, Badger Office Park II, 11 Charterland Avenue, Selcourt, Springs, 1559.
ForKeeps may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information This website is run by ForKeeps (Pty) Ltd (sole trader / private company / close corporation) based in South Africa trading as ForKeeps and with registration number 2019/192339/07 and Rob Inglis (Director).
ForKeeps Physical Address: Badger Office Park II, 11 Charterland Avenue, Selcourt, Springs, 1559
Telephone: 011 730 5359
5.2 Where we offer you facilities to make payments through the ForKeeps Platform, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.
5.3 In addition to any other indemnity provided for this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system.
5.4 Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.
6.1. We do not warrant the accuracy or completeness of any third-party content used on the ForKeeps Platform.
7. Changes to these STC’s
7.1. ForKeeps may, in its sole discretion, change any of these STC’s at any time. It is your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the ForKeeps Platform and de-register as a you.
7.2. Any such change will only apply to your use of the ForKeeps Platform after the change is displayed on the ForKeeps Platform. If you use the ForKeeps Platform after such amended STC’s have been displayed on the ForKeeps Platform, you will be deemed to have accepted such changes.
8. Electronic communications
9. Ownership and copyright
9.1. The contents of the ForKeeps Platform, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the For Keeps Platform (“ForKeeps Platform Content”) are protected by law, including but not limited to copyright and trade mark law. The ForKeeps Platform Content is the property of ForKeeps, its advertisers and/or sponsors and/or is licensed to ForKeeps.
9.2. You will not acquire any right, title or interest in or to the ForKeeps Platform or the ForKeeps Platform Content.
9.3. Any use, distribution or reproduction of the ForKeeps Platform Content is prohibited unless expressly authorised in terms of these STC’s or otherwise provided for in law.
9.4. Where any of the ForKeeps Platform Content has been licensed to ForKeeps or belongs to any third party, your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.
10.1. The use of the ForKeeps Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the ForKeeps Platform or reliance on any information on the ForKeeps Platform.
10.2. Whilst ForKeeps takes reasonable measures to ensure that the content and functioning of the ForKeeps Platform is accurate and complete, ForKeeps makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the ForKeeps Platform or as to the accuracy, completeness or reliability of any information on the ForKeeps Platform. If any such representations or warranties are made by ForKeeps’ representatives, ForKeeps shall not be bound thereby.
10.3. ForKeeps disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the ForKeeps Platform and/or any content therein unless otherwise provided by law.
10.4. In addition to the disclaimers contained elsewhere in these STC’s, ForKeeps also makes no warranty or representation, whether express or implied, that the information or files available on the ForKeeps Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of ForKeeps, its employees, agents or authorised representatives. ForKeeps thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the ForKeeps Platform.
11. Linking to third party Platforms
11.1. The ForKeeps Platform may contain links or references to other Platforms (“Third Party Platforms”) which are outside of our control, including those of advertisers. These STC’s do not apply to those Third Party Platforms and ForKeeps is not responsible for the practices and/or privacy policies of those Third Party Platforms or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the ForKeeps Platform may refer to or provide links to Third Party Platforms, your use of such Third Party Platforms is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Platforms or your reliance on any information contained thereon.
12. Limitation of liability
12.1. ForKeeps shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the ForKeeps Platform or the content contained in the ForKeeps Platform; or your inability to use the ForKeeps Platform, and/or unlawful activity on the ForKeeps Platform and/or any linked Third Party Platforms.
12.2. You hereby indemnify ForKeeps against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the ForKeeps Platform and/or any Third Party Platforms.
13. Availability and termination
13.1. We will use reasonable endeavours to maintain the availability of the ForKeeps Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the ForKeeps Platform or any part thereof with or without notice to you.
13.2. ForKeeps may in its sole discretion terminate, suspend and modify the ForKeeps Platform, with or without notice to you. You agree that ForKeeps will not be liable to you if it chooses to suspend, modify or terminate the ForKeeps Platform other than for processing any transactions made by you prior to such time, to the extent possible.
13.3. If you fail to comply with your obligations under these STC’s, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the ForKeeps Platform without any prejudice to any claims for damages or otherwise that we may have against you.
13.4. At any time, you can choose to stop using the ForKeeps Platform, with or without notice to ForKeeps.
14. Governing law and jurisdiction
14.1. These STC’s and our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the ForKeeps Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these STC’s.
14.2. Nothing in this clause or the STC’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15.1. For the purposes of the ECT Act, ForKeeps’ information is as follows, which should be read in conjunction with its product descriptions and other STC’s contained on the ForKeeps Platform:
15.1.1. Full name: For Keeps (Pty) Ltd
15.1.2. Main business: ForKeeps provides a digital platform for members to create, store and distribute digital messages and memories for life.
15.1.3. Physical address for receipt of legal service (also postal and street address): 66 Charterland Ave, Selcourt, Springs, South Africa.
15.1.4. Office bearers: Robert James Inglis and Prakash Jagvan Patel.
15.1.5. Phone number: 0861 001 008
15.1.6. Email address: email@example.com and firstname.lastname@example.org
15.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Platform.
16.1. ForKeeps may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the ForKeeps Platform or the your right to use the ForKeeps Platform or any of its contents subject to us processing any orders then already made by you.
16.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these STC’s to any third party.
16.3. Any failure on the part of you or ForKeeps to enforce any right in terms hereof shall not constitute a waiver of that right.
16.4. If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.
16.5. No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
16.7. These STC’s contain the whole agreement between you and ForKeeps and no other warranty or undertaking is valid, unless contained in this document between the parties.
17. Storage Limits
Please note that all ForKeeps Albums and Packages are linked to defined storage capacity limits, which may be reviewed and changes at any time, and which are set out as follows:
• Albums – limits up to a maximum of two gigabytes (2 GB). Please note once you have created an album, this album cannot be deleted and thus no credits will be due on albums
• Free package – limits up to a maximum of a half a gigabyte (0,5 GB)
• Basic Package – limits up to a maximum of two gigabytes (2 GB)
• Standard Package – limits up to a maximum of three gigabytes (3 GB)
• Premium Package – limits up to a maximum of five gigabytes (5 GB)