Terms and Conditions




-All Rights Reserved -

FSN TERMS

FOODSERVICE NETWORK GLOBAL (PTY) LTD (FSN) & FSINTEL (PTY) LTD

TERMS AND CONDITIONS

Welcome, and thank you for utilizing the FSN SITE powered by www.fsintel.com ("the Site").


INFORMATION

  1. The Site is operated by FSN, located at 155 West Street, Sandton, Johannesburg 2031.
  2. It serves as an online business-to-business and consumer transactional platform.
  3. The Site is hosted on self-managed servers, which may occasionally be situated within the Republic of South Africa. We facilitate the sale of products from various suppliers and manufacturers ("the Products"). Purchases made through the Site are governed by the terms and conditions outlined in this Agreement, superseding all other terms. By engaging in any transactions, including purchasing, selling, bidding, adding products, receiving orders, logging in, or browsing the Site, you acknowledge that you have read, understood, and agreed to adhere to this Agreement and any other policies displayed on the Site.
  4. Specific terms apply solely to the FSN Online Shopping Site ("the FSN Online Shopping Site Terms").
  5. While we strive to provide accurate and timely information about FSN and its subsidiaries and associated companies ("the FSN Group"), please do not assume that the information is always current or that the Site contains all relevant information, particularly when making investment decisions regarding FSN Services.

Your Comments

  1. We value the comments, ideas, suggestions, and feedback you provide in connection with your use of the Site ("Comments"). However, FSN is not obligated to respond to, maintain, or compensate you for your Comments.
  2. Once submitted, your Comments become the property of FSN, which will exclusively own all rights, titles, and interests in the Comments and may use them commercially without limitation.
  3. You warrant that the Comments you provide do not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You agree not to submit Comments that are untrue, defamatory, unlawful, abusive, or obscene, as FSN is built on trust since 2008.
  4. FSN disclaims any liability to third parties concerning your Comments, and you remain accountable for their contents.

Product Updates and User Access and Accounts

  1. All products displayed on this Site are subject to the availability determined by the supplier. FSN will not be held liable in this regard.
  2. Transactions between buyers and sellers on the Site occur in South African Rands and are valid within the Republic of South Africa.
  3. FSN reserves the right to disable user access should subscriber and transaction fees remain unpaid or accounts be outstanding.

Support

  1. FSN offers free support to suppliers for advice on product procurement.
  2. For a list of currently available suppliers, permission from those suppliers is required before sharing with potential buyers.
  3. Suppliers registered or using the FSN system are customers of FSN and vendors to buyers on FSN.
  4. A tripartite agreement exists between buyers and suppliers transacting on FSINTEL and FSN.
  5. Please note that the advice provided by the FSN team is intended as a guideline only. FSN accepts no responsibility for reliance on any such advice and provides no warranties regarding its accuracy or completeness.

Privacy Policy

  1. The privacy of your data and information is paramount to FSN. Any information you provide is stored on a secure server.
  2. FSN does not sell or rent personal information about individual members to third parties.
  3. Personal information may be disclosed in response to requests from law enforcement agencies, subpoenas, court orders, or as required by law.

Intellectual Property and Data Ownership

  1. Original Data: The raw data, including product descriptions, pricing lists, and any other initial information directly provided by the supplier ("Original Data"), shall remain the property of the supplier.
  2. Derivative Data: FSN transforms, structures, standardizes, and enhances the Original Data into a unique format integral to the platform's functionality ("Derivative Data"). FSN retains ownership of this Derivative Data, which does not include the Original Data itself but pertains to its organization, formatting, and usage within FSN's proprietary systems.
  3. Rights to Use Derivative Data: The supplier grants FSN a perpetual, worldwide, royalty-free license to use, modify, reproduce, distribute, display, and create derivative works of the Derivative Data for the purpose of providing services and improving the platform, as long as such use does not disclose proprietary or confidential information of the supplier beyond what is necessary for the operation of the Service.
  4. Rights to Original Data: FSN may use and manipulate the Original Data solely for the purposes of providing its services. The supplier retains all rights and ownership over the Original Data itself.
  5. Data Generated by Platform Operations: Any data generated by the platform through user interactions or transactions ("Platform Generated Data") is the property of FSN, except for personal data handled in accordance with data protection laws.
  6. Intellectual Property: FSN's intellectual property, including software code, algorithms, user interface designs, and unique data structures, remains the exclusive property of FSN.
  7. Reversion of Rights: Upon termination of this agreement, FSN retains the right to continue using the Derivative Data for business continuity and improvement purposes, ensuring no proprietary or confidential information of the supplier is disclosed.
  8. The FSN retains all copyright in all materials, including logos and graphics that are part of the Site. The FSN does not grant permission for electronic copying or printing portions of the Site. Any other use of materials on the Site, including reproduction, modification, distribution, or reproduction, is strictly prohibited and constitutes an infringement of intellectual property rights.
  9. The trademarks "FSN," "It Just Makes Sense," "Fsn," "Fsintel," "ChefTv," the FSN logo, and others displayed on this Site are trademarks of the relevant FSN Company or their licensees in South Africa and certain other countries. Use of any trademarks without prior written consent is strictly prohibited.

Disclaimers and Exclusions of Liability

  1. You agree that your use of the Site or the Internet is entirely at your own risk.
  2. The Site and its contents are provided on an "as is" and "as available" basis, with FSN making no representations or warranties regarding the Site, its content, or the effectiveness of any security measures.
  3. FSN disclaims all warranties, including but not limited to those regarding the availability, accuracy, or content of information, products, or services.
  4. FSN does not guarantee uninterrupted or error-free functionality of the Site or that the Site or its server is free from viruses or other harmful components.
  5. Under no circumstances shall FSN be liable for any direct, indirect, incidental, special, or consequential loss or damage arising from any use of the Site, including any sale concluded through this Agreement.
  6. FSN, along with its directors, employees, agents, representatives, affiliates, and suppliers, shall not be liable for any loss, damage, or expense resulting from the use of or reliance upon the Site.
  7. You shall indemnify FSN against any loss or damage suffered due to actions or omissions on your part or that of any associated individuals in connection with transactions concluded on the Site.
  8. Notwithstanding other provisions, FSN's liability, whether in contract or tort, arising from any breach shall not exceed double the monetary value of the order in question.

General Terms

  1. The content on the Site may only be used for commercial information purposes.
  2. You agree not to infect the Site with any damaging computer programming, and you shall indemnify FSN for any damages caused by such acts.
  3. FSN may suspend the Site or terminate your account if you fail to comply with this Agreement or provide false, inaccurate, or incomplete information.
  4. If any provision of this Agreement is found to be unlawful or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining terms.
  5. This Agreement constitutes the entire understanding between the parties relating to the subject matter herein.
  6. Any indulgence or extension of time granted by any FSN Company shall not be construed as a waiver of rights.
  7. At the discretion of any FSN Company, disputes arising from this Agreement may be resolved through competent arbitration methods, failing which they may be brought before a court of law

INTELLECTUAL PROPERTY PROTECTION

1. Intellectual Property Ownership

  • All IP Belongs to FSN: All software, designs, algorithms, user interfaces, and any other related materials developed by FSN are the sole property of FSN. This includes any custom solutions or modifications developed for clients.


2. Use of Service

  • License: Clients are granted a non-exclusive, non-transferable license to use the SaaS platform for their business operations. This license does not include rights to:
    • Copy, modify, or create derivative works based on the service in whole or in part.
    • Reverse engineer, decompile, or disassemble the service.
    • Use the service to build a competitive product or service.


3. Confidential Information

  • Definition: "Confidential Information" includes but is not limited to, all information or material that has or could have commercial value or other utility in the business in which FSN is engaged. This includes software demonstrations, documentation, business strategies, and any non-public aspects of our technology.
  • Obligations: Clients and users agree to:
    • Not disclose any Confidential Information to third parties without prior written consent.
    • Use Confidential Information solely for the purpose of utilizing the service as intended.
    • Implement measures to prevent unauthorized use or disclosure of such information.


4. Non-Disclosure Agreement (NDA)

  • Requirement: All clients, users, or any parties given access to the system for evaluation or any other purpose must sign an NDA that outlines the confidentiality terms explicitly.


5. Anti-Piracy and Replication Clause

  • Prohibition: Users are expressly prohibited from attempting to replicate, reproduce, or create a derivative version of the SaaS platform or any of its components. Any such attempt will be considered a material breach of contract.


6. Monitoring and Enforcement

  • Rights: FSN reserves the right to monitor usage to ensure compliance with these terms. Violation may result in:
    • Immediate termination of service.
    • Legal action to enforce our intellectual property rights and seek damages.


7. Reporting and Investigation

  • Procedure: If FSN suspects or is made aware of any violation of this policy, an investigation will be conducted, potentially involving forensic analysis of systems or communications.


8. Consequences of Breach

  • Legal Remedies: Breach of this policy will result in the pursuit of all available legal remedies, including but not limited to, injunctions against further use or distribution, recovery of damages, and legal fees.


9. Updates to Policy

  • Notice of Changes: FSN may update this policy to reflect changes in law, our practices, or the features of our service. Users will be notified of significant changes.


10. Contact for Concerns

  • Inquiries: For any concerns or to report potential breaches of this policy, please contact support@fsintel.com

Address

      Postal address : P.O Box 652654
         Benmore
         Gauteng
         2010

Numbers

      Telephone : 0615862887
087 721 0167
      Fax : 0866848603
      support@fsintel.com

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