TERMS & CONDITIONS

(I) Acceptance

Use of 4D Facilities Management website demonstrates that you have read and accepted the terms and conditions in full. If you do not agree with any of the terms and conditions, please do not continue to use the site. Use of the website constitutes your acceptance that the conditions, exclusions and limitation of liability in the terms and conditions are reasonable. If you don’t agree that they are reasonable, please exit the site. If any of these terms and conditions is found to be unenforceable under law that will have no effect on the enforceability of the remainder of the terms and conditions. If any unlawful and/or unenforceable section would be lawful or enforceable if part of it was deleted, that part will be considered to be deleted, and the rest of the section will continue to apply.

(II)Use of the site

Acceptance of the terms and conditions means that you may not cause damage to the website or reduce the availability of, or access to the website. You are prohibited from using the site in any manner which is unlawful, harmful, illegal or fraudulent, or as part of any unlawful, harmful, illegal or fraudulent activity. No use of this website for any purposes related to marketing is allowed without the express consent of 4D Facilities Management in writing. No transmission or distribution of unsolicited commercial emails is permitted involving this website. Data functions such as the systematic or automated collection of data, which includes but is not limited to data mining, data extraction, scraping and harvesting, involving this website are not allowed without 4D Facilities Management’s express consent in writing. You are not allowed to use 4D Facilities Management website to copy, distribute, transmit, store, host, publish, use or send any material which contains or is linked to any computer virus, spyware, worm, Trojan horse, keystroke logger or other form of malicious software.

(III) Intellectual Property

4D Facilities Management owns all intellectual property rights to the content and design of this website, unless otherwise stated, and these rights are reserved. Material on the website may be viewed, printed or cached only for your personal use according to the limitations set out in the terms and conditions. Specifically, you are not allowed to:(a) redistribute content from this website unless that content has been specifically made available for such redistribution(b) republish content from this website in any form, including on another website(c) modify or edit any content on the website(d) derive any commercial benefit from copying, reproducing or duplicating content on this website(e) display or exhibit any of the website’s content in a public arena(f) offer any of the website’s content for sale, rental or sub-licensing.

(IV) Indemnity

Use of this website constitutes your indemnity to 4D Facilities Management and your personal undertaking to keep Freedom Property Fund indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by Freedom Property Fund arising out of any breach by you of any provision of these terms and conditions. This includes ‘without limitation’ legal costs and any costs paid by Freedom Property Fund on the advice of our legal advisers to a third party to settle a claim or dispute.

(V) Liability

If you use any of 4D Facilities Management’s website content, we will not be liable to you for any actual or potential personal or business losses, including the loss of revenue or income, profits or anticipated savings, contracts or business relationships, reputation or goodwill, or the loss or corruption of information or data.

(VI) Warranty

4D Facilities Management provides no warranty in respect of this website or the content available on this website. It is available “voetstoots” without any warranties, express or implied. Without prejudice to the preceding paragraph, 4D Facilities Management provides no warranty that the website will be continuously available, or available at all, or that the website content is accurate, complete, true or not misleading. None of the content on this website amounts to, or is intended to amount to, advice of any kind. If you require any property, financial, legal or investment advice, speak to a professional consultant.

(VII) Claims

4D Facilities Management is a limited liability organisation that seeks to limit the personal liability of its directors and employees. By using the website, you are explicitly agreeing that you will not bring any claim personally against 4D Facilities Management’s directors or employees in respect of any losses you suffer from using the website or its content. You are also agreeing, without prejudice, that the limitations to warranties and liability referred to in the terms and conditions will protect 4D Facilities Management’s directors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as 4D Facilities Management itself.

(VIII) Breach

If these terms and conditions are breached in any way, 4D Facilities Management will take whatever action is appropriate, without prejudice to our other rights. This could include suspending your access to the website, prohibiting you from accessing the website, blocking any computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(IX) Exclusions

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in these terms and conditions will exclude or limit 4D Facilities Management’s liability with regard to any matter which it would be illegal or unlawful for 4D Facilities Management to exclude or limit, or to attempt or intend to exclude or limit its liability; the death of anyone or any personal injury caused by 4D Facilities Management’s negligence and fraud or fraudulent misrepresentation by 4D Facilities Management.

(X) Revisions

As and when necessary, 4D Facilities Management may make revisions to these terms and conditions. These revised terms and conditions will apply from the date of their publication on this website. Please check regularly to ensure you comply with the current version.

(XI) Rights

4D Facilities Management is at liberty to transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. However, you are not at liberty to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(XII) Agreement

These terms and conditions and privacy policy constitute the entire agreement between you and 4D Facilities Management concerning your use of this website, and supersede all previous agreements in respect of your use of this website.

(XIII) Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.