Terms of Use

Final Legacy CC ("Final Legacy") provides the information contained on this website and the pages comprising the website ("website") and advertises and sells services to you, subject to the Terms of Use and the Conditions of Use set out herein ("the terms") unless otherwise stated. For the purposes of these terms, "services" means those services offered for sale by Final Legacy or the services made available from time to time via the website.

1. Acceptance

By accessing and/or using the website, you agree to be bound by the terms. Final Legacy may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.

2. Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, Final Legacy makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website. Final Legacy reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website from time to time.

3. Verification

3.1 You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who has authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Final Legacy electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Final Legacy and you will be bound by such instruction with no liability of whatever nature attaching to Final Legacy in regard thereto.

3.2 You waive any rights that you may have or obtain against Final Legacy arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Final Legacy acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Final Legacy against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Final Legacy has acted on your instructions/orders or instructions/orders which purported to emanate from you.

4. Orders, confirmation & delivery

The advertising of the service via the website merely constitutes an invitation by Final Legacy for you to make an offer to purchase service and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a service at such erroneous price. Once you have selected the service you wish to purchase and submitted your order to Final Legacy, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "order" or similar "final submit" button you are deemed to have submitted an offer to purchase the services/selected by you ("order") and the order cannot be withdrawn by you unless expressly agreed to by Final Legacy. Final Legacy reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by Final Legacy to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the service in question has been delivered in accordance with the selected delivery option or agreed process.

Any applications which you submit to us via the website will be subject to Final Legacy normal approval processes and procedures. Final Legacy reserve the right to withhold approval at their sole discretion. Final Legacy reserve the right to verify the identity of any purchaser or the payment method used. This may require you being required to, inter alia, send Final Legacy a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in Final Legacy canceling the order, without ascribing any reason for the cancellation.

5. Performance

All orders shall be executed in terms of the transaction and arrangements requested.

6. Payment

For details on payment options, please refer to the payment options. Compliance with section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act").

7. In compliance with section 43(1) of the ECT Act, please note the following

7.1 full name: Final Legacy CC.
7.2 physical address: 123 Woodland Gardens, 92 Bell Aire’s Drive, Northriding, Gauteng
7.3 telefax number: 086 571 6514
7.4 telephone number: 083 277 4933
7.5 website address: www.finallegacy.com
7.6 e-mail address: info@finallegacy.com
7.7 registration number: 2007/193296/23
7.8 country of incorporation: Republic of South Africa
7.9 current director: LJ Nuttall
7.10 physical address for receipt of service: as stipulated by the subscriber on the legacy form
7.11 You may request a record of your transaction up to 180 days, after which we will not be obligated to keep any records of your transactions.

8. Privacy and Security

All personal information obtained by Final Legacy by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Final Legacy to protect information transmitted via the website are also set out in the privacy and security policy.

Some anonymous information about you is automatically collected by Final Legacy. This information may include: your browser type, access times, referring web site addresses, and viewed pages. It may be used by Final Legacy to improve Final Legacy service, and to generate general aggregate statistics about the use of the Final Legacy website.

No other information is collected by Final Legacy without your knowledge. We will not pass on any individual user details we may have obtained (automatically or with your knowledge) unless we have your prior consent. We only share anonymous aggregate statistics about the users and traffic patterns. We are not responsible for any breach of security or for the actions of third parties.

For the purpose of this clause, "personal information" shall be as defined in the Promotion of Access to Information Act 2 of 2000 ("PAIA"), statute of the Government of South Africa. The PAIA may be downloaded from: http://www.polity.org.za/page.php?rep_id=471

9. Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by Final Legacy alternatively, Final Legacy is the lawful user thereof and are protected by both South African and international intellectual property laws, Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Final Legacy. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Final Legacy. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Final Legacy.

10. External links

External links may be provided for your convenience, but they are beyond the control of Final Legacy and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Final Legacy.

11. Unlawful use

You shall not use the website to send or post any message or material that is, including, but not restricted to, unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable law and you hereby indemnify Final Legacy against any loss, liability, damage or expense of whatever nature which Final Legacy any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.

12. Warranties, Disclaimers and Limitation of Liability

12.1 Save as set out in the terms, Final Legacy makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the services and the website and services made available via the website are provided "as is".

12.2 Neither Final Legacy or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access to and use of the website and/or any information contained on or via the website and/or your use of the services. Without limiting the generality of the aforegoing, neither Final Legacy nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service, which are necessary to ensure the availability of the website. You hereby indemnify Final Legacy or its directors and hold them harmless against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained in these terms, Final Legacy shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the services.

12.3 Without limiting the generality of the aforegoing, Final Legacy shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

12.4 By accessing the website, you warrant and represent to Final Legacy that you are legally entitled to purchase any of the services offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. The use of this website by any persons under the age of 18 years is prohibited. Final Legacy may in its sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.

13. Use of the Website

Final Legacy does not make any warranty or representation that information and services advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Final Legacy that you are legally entitled to do so and to make use of information and purchase the services made available via the website.

14. Address for Service

14.1 The address of Final Legacy for service for all purposes relating to the terms including the giving of any notice and the serving of any process, is the address set out in 7.10.

14.2 Final Legacy shall be entitled from time to time, by giving notice to you by email, to vary the information contained in 7.2 to 7.10 (both inclusive).

15. General

15.1 The terms constitute the sole record of the agreement between you and Final Legacy in relation to your use of this Website. No indulgence or extension of time which either you or Final Legacy may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

15.2 Final Legacy shall be entitled to cede, assign and delegate all or any of its rights and obligations as provided in the terms without notice to you.

15.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

15.4 Should Final Legacy be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Final Legacy is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure results in Final Legacy not being able to fulfill some or all of its obligations and rights, Final Legacy shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of the terms by giving notice to you. An event of "force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of Final Legacy including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

15.5 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

For purposes of calculating any time periods GMT +2 shall be used.

These terms shall apply to all transactions you conclude via this website not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.

The deeming provisions of the Electronic Communications and Transactions Act 25 of 2002 are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Final Legacy on delivery/collection of the product or service.

Conditions of Use

1. Detailed description of goods and/or services

Final Legacy is a close corporation incorporated under the laws of the Republic of South Africa. Final Legacy provides a service of storing and making available subscriber-specific, unique information on the web server.

2. Delivery policy

The unique website access code is sent to you via email immediately upon Final Legacy receiving the payment through this website. This access code enables you to enter, store and make available only to you with a view to change it predefined information for a period of 12 months. This access code will be renewed yearly upon Final Legacy receiving a renewal request and payment.

Services will be confirmed within 24 hours after receipt of payment. Confirmation will be sent via e-mail with a confirmation number.

3. Return and Refunds policy

Final Legacy is a subscription-based service and therefore can not be returned. Monthly fees are paid in advance and are not refundable. Annual fees are paid in advance and due to the discount received are not refundable.

4. Payment options accepted

Payment may be made only via Visa and MasterCard credit cards in favour of Final Legacy.

Credit card transactions will be acquired for Final Legacy via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

5. Customer details separate from card details

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

6. Data transfer and protection of information

Data transferred across the Internet will be secured by using SSL (Secure Socket Layer) with digital certificates. Sensitive data in the database and will also be encrypted by making use of a suitable symmetric/asymmetric encryption algorithm.

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

Final Legacy takes responsibility for all aspects relating to the transaction including sale of goods and services.

9. Country of domicile

This website is governed by the laws of South Africa and Final Legacy chooses the address as stated in article 14 of the terms 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.