Terms of Use Agreement

Welcome to Fezeka.co (the "Site"). By using the Site, you agree to these Terms of Use. Please read them carefully.

Content

All content on the Site, including but not limited to articles, videos, and blog posts, is based on Fezeka Msikinya's personal views, thoughts, experiences, and opinions. The content is provided for general informational purposes only and is not intended to be a substitute for professional advice. Fezeka Msikinya is not a mental health professional, and the information provided on the Site should not be construed as professional advice or treatment.

User Conduct

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party.

Disclaimer

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. (PTY) Ltd. make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk.

Limitation of Liability

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. (PTY) Ltd. will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify and hold harmless Fezeka Msikinya and Fezeka and Company (PTY) Ltd. from any and all claims, damages, expenses, and liabilities, including reasonable attorneys' fees, arising out of or in connection with your use of the Site or any violation of these Terms of Use.

Changes to the Site and Terms of Use

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. reserve the right to make changes to the Site and these Terms of Use at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa. You agree that any legal action or proceeding arising out of or in connection with these Terms of Use or the Site shall be brought exclusively in the courts of the Republic of South Africa.

Contact

If you have any questions or concerns about these Terms of Use or the Site, please contact Fezeka Msikinya at [insert contact information].

By using the Site, you acknowledge that you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Age of Consent

By using the Site, you represent and warrant that you are at least 15 years of age, or the age of consent to access adult material in your country, whichever is higher. If you are under the age of consent, you may not use the Site.

Indemnification for User Reactions

You agree to indemnify and hold harmless Fezeka Msikinya and Fezeka and Company (PTY) Ltd. from any and all claims, damages, expenses, and liabilities, including reasonable attorneys' fees, arising out of or in connection with any emotional, psychological, or behavioral responses or reactions you may have or experience as a result of the content presented on the Site. You acknowledge that Fezeka Msikinya and Fezeka and Company (PTY) Ltd. have no control over your responses or reactions to the content presented on the Site, and you assume all responsibility for such responses and reactions.

Accepting Payments

"Fezeka and Company (PTY) Ltd. Pty Ltd. will not be held responsible for any damages, losses, or liabilities arising from any payments, donations, or financial contributions made through Fezeka.co. All payments are processed through secure third-party payment gateways, and Fezeka and Company (PTY) Ltd. Pty Ltd. does not store any financial information, including credit card numbers or bank account details. By using Fezeka.co, you agree to indemnify and hold Fezeka Msikinya and Fezeka and Company (PTY) Ltd. Pty Ltd. harmless from any and all claims, damages, or expenses arising from any payments, donations, or financial contributions made through Fezeka.co. Refund requests are subject to our sole discretion and may be granted or denied at our discretion.

Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, videos, and audio clips, is the property of Fezeka Msikinya and Fezeka and Company (PTY) Ltd. or its content suppliers and is protected by South African and international copyright laws. You agree not to copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any content on the Site for any other purposes without the prior written consent of Fezeka Msikinya and Fezeka and Company (PTY) Ltd.. You further agree not to modify, create derivative works from, or use any content on the Site in a manner that misrepresents or alters the intended message or meaning of the content. Any unauthorized use of the Site's content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

You also acknowledge and agree that Fezeka Msikinya and Fezeka and Company (PTY) Ltd. reserve the right to remove any content from the Site at any time, for any reason, without notice. You further agree that Fezeka Msikinya and Fezeka and Company (PTY) Ltd. are not liable for any damages arising from the removal of any content from the Site.

Use of Image, Likeness, Voice, and Content

By accessing and using this website, you expressly agree not to use, copy, reproduce, or otherwise utilize any images, likeness, voice recordings, or content (including but not limited to text, graphics, and multimedia) available on this website for the purpose of machine learning, artificial intelligence training, or any similar activities without the explicit written consent of [Your Company Name]. This prohibition extends to both commercial and non-commercial purposes.

Any unauthorized use of the aforementioned elements for machine learning or AI training is strictly prohibited and may result in legal action. [Your Company Name] reserves the right to pursue remedies, including but not limited to injunctive relief, damages, and any other available legal remedies, to protect its intellectual property rights.

By continuing to use this website, you acknowledge and agree to abide by this restriction on the use of images, likeness, voice, and content for machine learning or AI training purposes.

Communication

You agree to only use the official means of communication provided by Fezeka Msikinya and Fezeka and Company (PTY) Ltd. to contact them for any reason, including but not limited to inquiries, complaints, or feedback. The official means of communication include the contact form provided on the Site or any email address provided by Fezeka Msikinya and Fezeka and Company (PTY) Ltd.. You agree not to use any other means of communication, including but not limited to social media platforms or messaging apps, to contact Fezeka Msikinya and Fezeka and Company (PTY) Ltd. for any reason. Any communication sent through unauthorized means may be ignored or deleted without notice, and Fezeka Msikinya and Fezeka and Company (PTY) Ltd. are not liable for any damages arising from the use of such unauthorized means of communication.

DMCA Request for Copyright Infringement

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. respect the intellectual property rights of others, and we expect our users to do the same. If you believe that any content on the Site infringes upon your copyright or other intellectual property rights, you may submit a DMCA (Digital Millennium Copyright Act) request to Fezeka Msikinya and Fezeka and Company (PTY) Ltd.

To submit a DMCA request, you must provide the following information in writing:

1. Identify the copyrighted work that you claim has been infringed.

2. Identify the material on the Site that you claim is infringing, with enough detail to enable us to locate the material.

3. Provide your contact information, including your name, address, telephone number, and email address.

4. Include a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

5. Include a statement that the information you have provided in the DMCA notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.

6. Provide your physical or electronic signature.

Please send your DMCA request to the following contact information:

[YourFriendFez@gmail.com]

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. will respond to valid DMCA requests as required by law. Please note that any misrepresentation in a DMCA request may result in legal liability for damages, court costs, and attorneys' fees.

Links to Third-Party Website

The Site may contain links to third-party websites that are not under the control of Fezeka Msikinya and Fezeka and Company (PTY) Ltd.. These links are provided for your convenience and do not constitute an endorsement or approval by Fezeka Msikinya and Fezeka and Company (PTY) Ltd. of any of the products, services, or opinions of the third-party websites or their content. Fezeka Msikinya and Fezeka and Company (PTY) Ltd. have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. By using the Site, you expressly release Fezeka Msikinya and Fezeka and Company (PTY) Ltd. from any and all liability arising from your use of any third-party website.

Privacy Policy

Your use of the Site is subject to Fezeka Msikinya and Fezeka and Company (PTY) Ltd.'s Privacy Policy. Please review the Privacy Policy, which informs users of our data collection practices.

Severability

If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Fezeka Msikinya and Fezeka and Company (PTY) Ltd. regarding the use of the Site and supersede any prior agreements, understandings, or arrangements between you and Fezeka Msikinya and Fezeka and Company (PTY) Ltd. relating to the Site.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Fezeka Msikinya and Fezeka and Company (PTY) Ltd.'s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Termination

Fezeka Msikinya and Fezeka and Company (PTY) Ltd. reserve the right to terminate your access to the Site at any time without notice for any reason, including but not limited to your breach of these Terms of Use. The provisions of these Terms of Use shall survive any termination of your access to the Site.

Last Updated: [22-04-2023]

By using the Site, you acknowledge that you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Privacy Policy

Fezeka.Co ("us", "we", or "our") operates the www.fezeka.co website (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We are committed to protecting your personal information and your right to privacy.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you:

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Cookies and Usage Data

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies: We use Session Cookies to operate our Service.

  • Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

  • Security Cookies: We use Security Cookies for security purposes.

Use of Data

We use the collected data for various purposes:

  • To provide and maintain the Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer care and support

  • To provide analysis or valuable information so that we can improve the Service

  • To monitor the usage of the Service

  • To detect, prevent and address technical issues

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including Personal Data, to South Africa and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Disclosure of Data

We may disclose personal information that we collect, or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or

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​INFORMATION SECURITY

We are committed to keeping your personal information secure and we have implemented appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing, and against accidental loss, destruction, damage, alteration or disclosure. However, no transmission of data over the internet can be guaranteed as completely secure, so while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

YOUR RIGHTS

Under the POPI Act, you have certain rights regarding the personal information we hold about you. These rights include the right to:

  • Request access to your personal information;

  • Request correction or deletion of your personal information;

  • Object to the processing of your personal information;

  • Withdraw consent to the processing of your personal information (if we are processing your personal information based on your consent);

  • Lodge a complaint with the Information Regulator if you believe that we have contravened the POPI Act.

Please note that we may require certain information from you in order to verify your identity before fulfilling any requests related to your rights.

CHANGES TO THIS PRIVACY POLICY

We may update this privacy policy from time to time to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

CONTACT US

If you have any questions about this privacy policy or our privacy practices, please contact us by email at [yourfriendfez@gmail.com] or by mail at [yourfriendfez@gmail.com].

Last updated: [23/03/2023]