1. Introduction
This Terms and Conditions policy (the “Terms”) governs your access and use of the [forescore.co.za] website (the “Website”), the “ForeScore” mobile application (the “Mobile Application”), and any related products and services offered by ForeScore (collectively, the “Services”).
2. Acceptance of Terms
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Services.
3. User Accounts
You may be required to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account.
4. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services in any way that could damage, disable, overburden, or impair the Services or any other user’s use of the Services.
5. Content Ownership
The Services contain content owned by ForeScore or its licensors. You may not reproduce, modify, distribute, or commercially exploit any of this content without written permission from ForeScore.
6. User Content
You may be able to submit content to the Services, such as reviews or comments (collectively, “User Content”). You retain all ownership rights to your User Content, but you grant ForeScore a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in connection with the Services.
7. Third-Party Links
The Services may contain links to third-party websites or resources. ForeScore is not responsible for the content or privacy practices of any third-party websites or resources.
8. Termination
ForeScore may terminate your access to the Services for any reason, at any time, without notice.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FORESCORE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. Limitation of Liability
FORESCORE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF FORESCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify and hold harmless ForeScore, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to your use of the Services or your violation of these Terms.
12. Governing Law
These terms are governed by New Zealand law and any disputes will only be pursued in the jurisdiction of the courts of South Africa.
13. Dispute Resolution
Any dispute arising from or relating to these Terms will be resolved by binding arbitration.
14. Entire Agreement
These Terms constitute the entire agreement between you and ForeScore regarding your use of the Services.
15. Changes to Terms
ForeScore may revise these Terms at any time by posting the revised Terms on the Services. You are responsible for checking the Terms periodically for any changes. Your continued use of the Services following the posting of revised Terms will constitute your acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at info@forescore.co.za.