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Terms & Conditions

Before you start using our service, we kindly ask you to carefully read and understand the following terms and conditions.

Interpretation and Definitions:

Interpretation:

The capitalized terms in this agreement have specific meanings defined under the given conditions. These definitions apply regardless of whether the terms appear in singular or plural form.

Definitions:

In the context of these terms and conditions:

  • Affiliate: This refers to an entity that has control over, is controlled by, or is under common control with a party, where “control” signifies owning 50% or more of the shares, equity interest, or other securities entitled to vote for the appointment of directors or other managing authority.
  • Country: Refers to South Africa.
  • Company: Refers to

Heavyrain Enterprise PTY/LTD
KWAPATA LOCATION 2453, PIETERMARITZBURG, KWAZULU-NATAL, 3201
Registration Number: 2023/794310/07

  • Device: Refers to any device that can access the Service, such as a computer, mobile phone, or digital tablet.
  • Service: Refers to the Website.
  • Website: Refers to the URL accessible at https://flicksfountain.com/.
  • Terms and Conditions (also referred to as “Terms”): These encompass the complete agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service: Refers to any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available through the Service.
  • You: Refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment:

These Terms and Conditions govern your use of the Service and form the agreement between You and the Company. They outline the rights and obligations of all users regarding the use of the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you should not access or use the Service.

You confirm that you are at least 18 years old. The Service is not intended for use by individuals under the age of 18.

Your access to and use of the Service are also subject to your acceptance of and compliance with the Company’s Privacy Policy. The Privacy Policy describes the Company’s practices and procedures regarding the collection, use, and disclosure of your personal information when using the Application or the Website. Please review the Privacy Policy carefully before using the Service.

Links to Other Websites:

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination:

The Company reserves the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability:

Notwithstanding any damages that you might incur, the Company and its suppliers’ entire liability under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limitedto the amount you actually paid through the Service or 100 USD if you haven’t made any purchases through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Please note that some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer:

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Governing Law:

The laws of South Africa, excluding its conflicts of law rules, govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution:

If you have any dispute or disagreement about the Service, you agree to first try to resolve the issue informally by contacting the Company.

For European Union (EU) Users:

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance:

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver:

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation:

These Terms and Conditions may have been translated if we have made them available to you on our Service. The original English text of these Terms and Conditions is the definitive version. In the event ofa discrepancy between the English text and any translation, the English text shall prevail.

Changes to these Terms and Conditions:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us:

If you have any questions about these Terms and Conditions, you can contact us by email at support@flicksfountain.com.