Focus Training and Development Solutions

Terms and Conditions

Effective Date 25.07.2023

PLEASE READ THE TERMS AND CONDITIONS BEFORE CONTINUING TO BROWSE THE WEBSITE

Terms and Conditions Apply to the use of the Website

1.1 The use of this Website is subject to the terms and conditions contained in this agreement, which may be amended from time to time.

1.2 By using this Website, you agree to be bound by the Terms and Conditions;

1.3 If you do not agree to be bound by the Terms and Conditions, you must immediately cease browsing and using the Website.

1.4 FOCUS TDS reserves the right to amend the Terms and Conditions without prior or any notice and it remains your responsibility to periodically check the Effective date and verify your continued agreement with the Terms and Conditions.

2. Definitions

2.1 “FOCUS TDS” means Focus Training and Development Solutions NPC;

2.2 “Content” means all aspects of this Website, including but not limited to the text, user and visual interfaces, photographs, trademarks, logos, sounds, audio clips, music, artwork, computer code, sermons and spiritual educational content, as well as the artistic or other arrangement of the aforesaid content;

2.3 “Effective date” means the date in the heading of this agreement, which reflects the latest date upon which amendments have been made to the Terms and Conditions.

2.4 “Framing” means the practice of intact reproduction of a page or pages of one website into another website;

2.5 “Terms and Conditions” means the terms and conditions as set forth in this agreement, as amended from time to time, which includes the Privacy Policy, which is regarded as incorporated into the Terms and Conditions;

2.6 “You”, “Your” or “User” means any person who accesses this Website for any purpose;

2.7 “Website” means the website of FOCUS TDS at URL www.focustds.com or such other URL as FOCUS TDS may choose to use from time to time.

3. Content

3.1 Except where expressly stated to the contrary, the copyright to the Content of the Website is owned by Focus Life, LLC and used under licence by FOCUS TDS and as such asserts and reserves all its rights in this regard.

3.2 You being granted access by FOCUS TDS to use the Website will not in any way result in an assignment of or license to use any intellectual property owned by FOCUS TDS or any other party.

3.3 Except as expressly provided in the Terms and Conditions, no part of this Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without FOCUS TDS’s express prior written consent.

3.4 Except for the use of the search facility provided on the Website, no person may use or attempt to use any technology or applications (including web crawlers) to search or copy Content from the Website for any purpose without the prior written consent of FOCUS TDS. Any attempt to do so, whether successful or not, may be considered an offence.

3.5 Focus TDS does not promise or guarantee any results what so ever. Actual results are solely the responsibility of a client or individual.

3.6 The sole purpose of this website is for providing general information about Focus TDS and it’s products and services to the public and nothing on this website constitutes any statement of actual performance of any kind for any reason. Additionally, this website is to be used for business purposes only. any communications or inquiries through this website, contact form or contact information through this website is strictly limited to business communications with Focus TDS.

4. The use of the Website

4.1 You are allowed to:

4.1.1 Link to any posting or page on this Website by hyperlinking as to redirect users to an original article or other Content on FOCUS TDS’s Website.

4.2 You are not allowed to:

4.2.1 Attempt to gain unauthorized access to any portion or feature of the Website or to any of the services offered on or through the Website, by hacking, or any other illegitimate means;

4.2.2 Use the Website or any Content for any purpose that is unlawful or prohibited by the Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of FOCUS TDS;

4.2.3 Interfere in any manner with the data or information displayed on this Website which causes it to be modified, destroyed or otherwise rendered ineffective or inaccurate, as it constitutes an act contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and you may be guilty of an offence;

4.2.4 Interfere in any manner with any third party’s access to this Website, which includes denying access to the Website, whether partial or absolute, as it constitutes an act contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and you may be guilty of an offence.

4.2.5 Download or copy any portion of the Content for your personal, non-commercial, entertainment, information or other non-public use, in a way which would constitute a breach of the Terms and Conditions of this Website.

4.3 Notwithstanding FOCUS TDS taking appropriate security precautions to protect the Website against abuse by third parties, by accessing and using the Website you accept that FOCUS TDS is not liable for any damages caused to you by the malicious interference with the operation of this Website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and using of the Website.

4.4 FOCUS TDS may institute appropriate action to obtain relief against the perpetrator of the actions contemplated under paragraphs 4.2.1 through 4.2.4, with a view to recovering any damages that it may suffer and to protect the Website against defacement, unauthorised amendment of Content and disruption of the use of the Website.

5. Third Party Sites

5.1 The inclusion of any hyperlink to a third-party site on the Website does not imply our endorsement of that website.

5.2 You access hyperlinks at your own risk and FOCUS TDS makes no claim that it has reviewed any or all such websites and is furthermore not responsible for:

a) The Content, completeness or accuracy of these hyperlinks and websites; or

b) Any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of the third-party website.

5.3 The use of any third-party websites accessed through a hyperlink on the Website is regulated by separate Terms and Conditions and Privacy Policy established by that third-party website. We encourage you to diligently peruse the third-party website Terms and Conditions and Privacy Policy before continuing to use the said website.

6. Protection of personal information

The processing of any personal information is regulated by the FOCUS TDS Privacy Policy, which is published on the Website.

7. Disclaimer

7.1 FOCUS TDS takes reasonable care to ensure the accuracy and integrity of the Content on the Website.

7.2 Notwithstanding paragraph 7.1, FOCUS TDS makes no presentation or warranty, whether express or implied:

7.2.1 As to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website;

7.2.2 That the products, information or files available on this Website are free of viruses, destructive materials or any other data or code which can corrupt, compromise or jeopardise the operation or Content of a computer system, computer network or your hardware or software.

7.2.3 That your accessing this Website, submitting prayer requests online, watching sermons or reviewing spiritual material available on the Website will lead to specific spiritual, physical, emotional or mental results that you may be seeking.

7.3 The use of the Website is entirely at your own risk and the Content is provided “as is”.

7.4 FOCUS TDS accepts no liability for any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, including but not limited to the failure to provide specific spiritual, physical, emotional, mental or technical results.

8. Indemnity

You agree to indemnify and hold FOCUS TDS, its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with, your access to oruse of the Website, your conduct in connection with the Website, or any violation of the Terms and Conditions or of any law or the rights of any third party.

9. Jurisdiction

9.1 These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa.

9.2 Any and all disputes, claims, and causes of action arising out of or connected to your access to the Website or participation in FOCUS TDS’s online community shall be resolved individually, without resort to any form of class action, and exclusively by mediation.

9.3 If a dispute requires mediation, the parties involved agree to submit their dispute to an agreed upon faith based and biblically sound organisation, whose findings will be binding.

10. General