Terms and Conditions

Terms of Use of Onfira Online Platform 

• Definitions

• “The Company” means FIRA CONSULTING (PTY) LTD, registration number 2021/366624/07.

• “The Platform” means the Onfira Online Platform. 

• “User” means any person who accesses and / or uses the Platform in any manner, regardless of whether or not any of the software, services, information or other data is actually utilised in any way. References herein to the singular include the plural and vice versa. If an individual User is acting on behalf of a legal entity in any representative capacity, such individual and such entity are both considered to be the User, jointly and severally. 

• “Confidential information” means all trade secrets, intellectual property rights and other information the Company or third parties protect against unrestricted disclosure to others, which is either labelled “confidential”, accessed through a restricted or non-public area of the Platform or pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure. 

• “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and / or controlled directly or under licence by the Company, now or in the future, including without limitation the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, software, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not. 

• “Terms” means any and all provisions contained in this document, or any amendment or addition whatsoever to these Terms which might occur from time to time and includes the terms of any underlying or accessory agreement between the User (or the legal entity on whose behalf the User is acting) and the Company.  

• Acceptance of Terms

• By accessing the Onfira Online Platform, regardless of whether or not any of the software, services, information or other data is actually utilised in any way, the User unequivocally agrees to abide by and consents to be bound by all terms contained in this document. The User (and the legal entity on whose behalf it is acting) enters into an agreement with the Company at the moment when the Platform is accessed, whether for the first time, or any subsequent time. If an individual User is acting on behalf of a legal entity in any representative capacity, such individual and such entity are both bound by these Terms, jointly and severally.

• Should any User who accesses the Platform in any respect disagree with any of these Terms, the User must refrain from accessing or using the Platform in any way and must refrain from downloading, copying and / or distributing content obtained from the Platform, as further use will automatically bind a User to these Terms.

• Each time a User accesses the Platform and / or uses the services, the User shall be deemed to have consented to all these Terms. 

• Electronic signatures, encryption and / or authentication is not required for valid electronic communications between the User and the Platform / the Company. 

• The User shall not be entitled to cede rights or assign rights or delegate obligations in terms of these Terms to any third party without the Company’s prior written consent.

• Ownership of Platform & Related Property

• The Onfira Online Platform and all intellectual or corporeal property relating thereto are the sole and exclusive property of the Company. On no basis will any user of the Platform obtain any rights in respect of this property, unless expressly provided for in these terms. 

• Irrespective of the existence of copyright, the User acknowledges that the Company is the proprietor of all material on the Platform (except where otherwise indicated or where it appears otherwise from the contents or context), whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.

• Intended Use & Usage Restrictions
  • The Platform is intended for use within the food production industry, to be used by role players within the industry in order to digitise, improve, simplify, stream-line and otherwise enhance the food safety standards, procedures and practices within their business, and to facilitate compliance with all applicable standards and legal provisions.  

• The Platform is designed based on and comprises a combination of the Company’s own intellectual property, available knowledge within the food safety industry, contributions from industry consultants and other role players and existing national and international food safety standards. 

• The Platform may only be accessed and used by a User who is duly authorised thereto, by the entity which it represents and in terms of an underlying agreement with the Company which provides for access and use of the Platform, subject to payment of the applicable subscription fees to the Company, and subject to all these Terms. 

• The Platform may only be accessed by way of utilization of the login-facility on the Company’s website and by making use of an authorised User’s username and password. 

• The User hereby agrees that, where applicable, it shall not itself, nor through a third party: 

• copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Platform for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

• Decompile, disassemble or reverse engineer any portion of the Platform; 

• Write and / or develop any derivative of the Platform or any other software program based on the Platform; 

• Modify or enhance the Platform. In the event of a User effecting any modifications or enhancements to the Platform in breach of this clause, such modifications and enhancements shall be the property of the Company;

• Without the Company’s prior written consent provide, disclose, divulge any contents of or make available to or permit the use of or give access to the Platform to any persons other than authorised Users;

• All rights not expressly granted to the User are reserved and no right, title or interest in any proprietary material or information contained on the Platform is granted to the User.

• The attention of the User is drawn to the provisions of applicable legislation in respect of its use of the Platform, in particular the provisions of the Electronic Communications and Transactions Act, 2002, the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002 and the Protection of Personal Information Act, 2013. It is the responsibility of the User to ensure its compliance with all applicable legislation and common law in its use of the Platform. 

• If any User uses the Platform in breach of the provisions detailed herein, the Company reserves the right to claim damages from the User, institute criminal proceedings against the User, interdict the User from continuing any activity in breach of these Terms or the law, or to exercise any other legally recognised remedy.

• The Company shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from such use by the User or any third party who obtained access to the Platform or any content through the User. 

• Removal or Amendment of Content 

• Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and / or harmful content which might appear on the Platform to the Company. 

• The Company may, in its sole discretion, remove any content from the Platform or request Users to remove content from the Platform if such content is illegal, inaccurate, misleading, inappropriate, offensive or unsuitable for any reason whatsoever. The Company may filter all content on the Platform. 

• Subscription Management 

• It is the responsibility of the User to maintain and update its own user profile on the Platform and the Company shall not be liable for any loss or damages as a result of non-maintenance. 

• The User shall ensure that all subscription charges are paid timeously and fully and in the prescribed manner. 

• The Company shall be entitled to limit or prohibit access to the Platform and all information contained on the Platform by any User whose subscription charges are not paid in full or who uses the Platform in breach of these Terms or in breach of law. 

• Risk, Disclaimer, Limitation of Liability

• The User’s use of the Platform and the information contained on the Platform is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof. 

• The transmission of information via the internet is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the User as a result thereof.

• To the extent permissible by law, the Company, its affiliates, shareholders, agents, consultants or employees shall not be liable for any damages whatsoever related to the use of, or the inability to access or use the content of the Platform or any functionality thereof. 

• The Company, its affiliates, shareholders, agents, consultants or employees shall not be liable for any damages whatsoever related to infringement of copyrights, trade secrets, proprietary information and other intellectual property rights or privacy of third parties by Users on the Platform. 

• The liability of the Company for faulty functioning or execution of the Platform as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Platform shall be limited to the Company rectifying the malfunction, within a reasonable time. In no event shall the Company be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Platform or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

• The Company does not guarantee continuous, uninterrupted or secure access to the Platform. Operation of the Platform may be interfered with as a result of a number of factors beyond the Company’s control. 

• The User hereby unconditionally and irrevocably indemnifies and agrees to hold the Company free from all loss, damages, claims and / or costs, of whatsoever nature suffered or incurred by the Company or instituted against the Company as a direct or indirect result of the use of the Platform by the User  while failing to comply with any of these Terms, the requirements of any telecommunications or internet service provider or regulator, or any legal provisions. 

• The Company gives no warranty and makes no representation as to the accuracy, completeness or reliability of any of the content contained on the Platform. The Company is not responsible for any representations, advice or recommendations made by consultants on the platform or otherwise relayed through the platform and the Company is not liable for any loss or damages suffered as a result of reliance on such representations, advice or recommendations. The Company shall not be liable for the failure of any User, person or entity to comply with safety standards, audit requirements or legal provisions as a result of reliance on the Platform. 

• The Company gives no warranty and makes no representation that use of the Platform will result in any specific desired outcome for the User. The Platform is intended only as a tool to facilitate the User’s food safety requirements. 

• Interception of Communications or Data

• Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002, the User agrees to the Company’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Platform. 

• Security 

• In order to ensure the security and reliable operation of the Platform to all Users, the Company reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of the Platform. However, the Company does not make any warranties or representations that content shall be 100% safe and secure.

• The Company is under no legal duty to encrypt any content or communications from and to the Platform and is also under no legal duty to provide digital authentication of any page on the Platform.

• The User may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Platform or the server and computer network that support the Platform. Any person or entity which does so or attempts to do so shall be held criminally liable. Should the Company suffer damages or loss, civil damages shall be claimed by the Company against the User.

• The User may not develop, distribute or use any device to breach or overcome the security measures of the Platform and the Company reserves the right to claim damages from any and all persons concerned with a security failure or breach. 

• Confidentiality 

• The User agrees that it shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by the Platform. The User shall notify the Company, should it discover any loss or unauthorised disclosure of information.

• The User shall not reproduce any Confidential Information to which it has access through the Platform in any form except as authorised at the time of the disclosure. 

• Any information or material sent to the Company will be deemed not to be confidential, unless otherwise agreed in writing by the User and the Company. Any content uploaded to the Platform without clearly labelling it as confidential shall be deemed not to be confidential or proprietary and the User expressly agrees that it waives any confidentiality rights with respect to such content.

• Privacy

• The Company may receive various types of informationfrom Users who access the Platform, including personal information as detailed in the Protection of Personal Information Act, 2013.To the extent permitted by law the Company may electronically collect, store and use personal information. The Company is however committed in respecting each User’s privacy and confidentiality and its personal information. In this regard the Company has put in place reasonable physical, electronic and managerial procedures to safeguard and secure the personal information obtained by it in order to prevent unauthorised access to such information.

• The Company subscribes to the applicable legal provisions as it relates to protection of personal information and endeavours to treat personal information received by the Company accordingly. 

• Breach & Cancellation 

• The Company is entitled without notice, in addition to any other remedy available to it in law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such User use of the Platform and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Company’s right to claim damages, should any User breach any of these Terms, use the Platform in an unauthorised manner or infringe any statute, regulation, ordinance or law.

• Breach of these Terms entitles the Company to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to the Company on an attorney and own client scale.

• The Company’s failure to act with respect to a breach by a User does not constitute a waiver of the Company’s right to act with respect to such breach or with respect to subsequent or similar breaches.

• Amendment of Terms & Services

•   The Company reserves the right, in its sole and absolute discretion, at any time without prior notice or justification, to amend these Terms, amend the content and / or services available from the Platform, discontinue any aspect or feature of the Platform and change the software and hardware required to access and use the Platform. 

•   Continued utilisation of the Platform by the User shall constitute consent to such amended terms and services. 

• Disclosure 

• In accordance with the disclosure requirements of the Electronic Communications and Transactions Act, 2002 the Company makes the following information available to the User:

• Full name: FIRA CONSULTING (PTY) LTD
• Legal Status: Private Company 
• Registration Number: 2021/366624/07
• Physical Address: Silver Creek Farm, Hazyview, 1242, Mpumalanga, South Africa
• Telephone Number: +27643924401
• Website Address: https://onfira.org/
• Electronic mail address: minet@firaconusulting.com
• VAT Number: N/A
• Names of Directors: Mrs. Minet Saaiman
• Place of Registration: South Africa
• Physical Address where the Company will receive legal       service of documents: Silver Creek Farm, Hazyview, 1242, Mpumalanga, South Africa
• Description of the main characteristics of the goods or services offered by the Company: Food Safety