Terms and Conditions of Use

1. Introduction and acceptance

1.1These terms and conditions (the “Terms”) govern your access to and use of the FanTide mobile application, the web application available at fantide.app, and all related websites, features, content and services (together, the “App”), which are provided by FanTide App (Proprietary) Limited (“FanTide”, “we”, “us” or “our”).

1.2By creating an Account, downloading, accessing or using the App, or by selecting “I agree” or a similar option, you confirm that you have read and understood these Terms and our Privacy Policy, and that you agree to be bound by them. The Privacy Policy forms part of these Terms. If you do not agree to these Terms, you must not access or use the App.

1.3We have written these Terms in plain language, as required by section 22 of the Consumer Protection Act 68 of 2008 (the “CPA”). If there is any part of these Terms that you do not understand, please contact us using the details in clause 2 before you use the App.

1.4Clauses that limit our liability, require you to indemnify us, involve an assumption of risk by you, or contain an acknowledgement of fact by you are printed in bold and are listed in the Important Notice at the start of these Terms. Please read them carefully.

1.5Nothing in these Terms is intended to, or will, limit or exclude any right you have under the CPA, the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Protection of Personal Information Act 4 of 2013 (“POPIA”) or any other law that cannot lawfully be limited or excluded. Where any provision of these Terms would have that effect, it applies only to the extent permitted by law.

2. About us

2.1The App is provided by FanTide. The information below is provided in accordance with section 43 of ECTA.

2.2FanTide App (Pty) Ltd is a member of the FanTide group of companies. References to FanTide in these Terms are to FanTide App (Pty) Ltd only, unless stated otherwise.

3. Definitions and interpretation

3.1In these Terms, unless the context indicates otherwise:

(a)“Account” means the personal account you create to access and use the App;

(b)“Applicable Law” means any law, regulation, code or binding directive in force in the Republic of South Africa, and any other law that applies to your use of the App;

(c)“Competition” means any promotional competition, challenge, giveaway, leaderboard prize or similar activity in which a prize may be won, as described in clause 12;

(d)“Competition Rules” means the specific rules published for a particular Competition;

(e)“Content” means all software, text, graphics, images, audio, video, data, statistics, charts, designs, logos and other material made available on or through the App, other than User Content;

(f)“FEVI” means the Fan Emotional Volatility Index, FanTide’s proprietary real-time fan sentiment measure, together with its methodology, models, scales, algorithms and visualisations;

(g)“FEVI Data” means all sentiment ratings submitted through the App and all aggregated, compiled, de-identified, derived and analysed data sets, indices, insights and reports generated from them;

(h)“Guardian” means a parent, legal guardian or other competent person as defined in POPIA who has authority to act on behalf of a child;

(i)“Personal Information” has the meaning given to it in POPIA;

(j)“Predictions” means forecasts or indications of the likely winner or outcome of a match or competition, whether shown by the App or recorded by users;

(k)“Points” means any points, scores, rankings, badges, levels, streaks, virtual currency, virtual items or other in-App rewards;

(l)“Third-Party Services” means any service, content, data, software, platform or website provided by a person other than FanTide, including sports data feeds, community chat and live streaming services, app stores, social log-in services, payment services, analytics services and advertisements;

(m)“User Content” means any content you submit, post, upload, transmit or display on or through the App, including comments, chat messages, reactions, usernames, profile images, photographs, videos and feedback; and

(n)“you” and “your” means the person who accesses or uses the App and, where that person is under 18, includes that person’s Guardian where the context requires.

3.2Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and the other way around. The word “including” means “including without limitation”.

3.3Where any provision of these Terms is ambiguous, it will be interpreted in accordance with section 4(4) of the CPA where the CPA applies.

4. Eligibility and age restrictions

4.1You must be at least 13 (thirteen) years old to register an Account or use the App.

4.2If you are under 18 (eighteen) years old, you may only register and use the App with the prior consent of your Guardian. By permitting you to use the App, your Guardian (a) agrees to these Terms on your behalf and is responsible for your use of the App; and (b) consents, as a competent person under section 35 of POPIA, to the processing of your Personal Information as described in the Privacy Policy.

4.3Users under 18 (eighteen) years old may not receive any prize that consists of cash or a cash equivalent, will not receive direct marketing, and may only take part in a Competition if the Competition Rules expressly allow it.

4.4An Account may only be registered by a natural person in his or her own name. A company, club, association or other organisation may not register or operate an Account without our prior written consent.

4.5We may at any time ask you to provide reasonable proof of your age, identity or eligibility. We may restrict or suspend your Account until you provide it.

4.6You may not use the App where doing so is prohibited by the law of the place from which you access it. You are responsible for complying with the laws of that place.

5. Your account

5.1You must provide accurate, complete and current information when you register and must keep that information up to date.

5.2You may hold only one Account. You may not share, sell, transfer or lend your Account, or allow any other person to use it.

5.3Your username and profile image must not impersonate any person or organisation, be offensive or unlawful, or use the name, badge or trade mark of any club, league, player, sponsor or other person in a way that suggests you are, or are officially connected to, that person. We may require you to change, or may change, any username or image that does not comply with this clause.

5.4You are responsible for keeping your log-in details confidential and for all activity that takes place on your Account, except to the extent that the activity results from our failure to take reasonable security measures. You must notify us immediately at support@fantide.africa if you become aware of or suspect any unauthorised use of your Account.

5.5If you register or log in using a Third-Party Service such as a Google, Apple or social media account, your use of that service is also subject to that provider’s terms and privacy policy.

6. Testing phase, changes and availability

6.1Parts of the App, or the App as a whole, may be offered as a test, beta, pilot or early access version, including before the App’s full public launch (“Test Features”). Test Features are provided so that we can test and improve the App. They may contain errors, may be changed or withdrawn at any time, and any Points, rankings, leaderboard positions or other data generated while they are in use may be reset or deleted. Where reasonably possible, we will give you advance notice of a reset.

6.2We continually develop the App and may add, change, suspend or remove features, content, scoring systems or services from time to time. Where a change materially reduces the value of a Paid Feature you have paid for, clause 19 applies.

6.3We aim to keep the App available at all times but do not guarantee that it will be uninterrupted. The App may be unavailable during maintenance, upgrades, outages of Third-Party Services, network failures or events beyond our reasonable control.

6.4You are responsible for your device, internet connection and any data, airtime or network charges you incur when using the App, including when streaming live content.

6.5We may release updates to the App. Some updates may be necessary for the App to continue to work, and you may need to install them to keep using the App.

7. Licence to use the App

7.1Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to download, install, access and use the App on a device that you own or control, solely for your own personal and non-commercial purposes.

7.2You may not, and may not allow any other person to:

(a)copy, modify, adapt, translate or create derivative works of the App or any Content;

(b)reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithms, models or methodology of the App or FEVI, except to the extent that Applicable Law expressly permits this despite this restriction;

(c)rent, lease, sell, sublicense, distribute or otherwise commercially exploit the App or any Content;

(d)scrape, crawl, harvest or extract any data or Content from the App, including FEVI Data, by using bots, scripts, spiders, artificial intelligence agents or any other automated means;

(e)use the App or any Content to develop, train, test or improve any competing product, service, index, model or data set;

(f)frame or mirror any part of the App, or remove, obscure or alter any trade mark, copyright notice or other proprietary notice; or

(g)access the App through any interface other than the interfaces we provide.

7.3All rights not expressly granted to you in these Terms are reserved by FanTide and its licensors.

8. FEVI and fan sentiment data

8.1FEVI allows users to record how they feel during and around sporting events on a scale of 0 (zero) to 10 (ten) across defined mood states. FEVI readings, charts, pulse indicators and related displays reflect the combined sentiment of users.

8.2To protect the integrity of FEVI, we limit how often a sentiment rating may be submitted or changed and apply other safeguards. You must not attempt to circumvent these limits or safeguards. We may disregard, exclude or remove any rating that we reasonably believe was submitted by automated means, through coordinated or inauthentic activity, or in order to manipulate FEVI.

8.3You acknowledge that FEVI readings are expressions of user opinion. They are not statements of fact about any match, team, player or outcome, they are not Predictions or forecasts of any outcome, and they are not betting, financial, investment or other professional advice. You must not rely on FEVI or any other Content when making any betting, wagering, financial or investment decision.

8.4FEVI, its name, methodology and visualisations, and all FEVI Data are and will remain the exclusive property of FanTide.

8.5You agree that FanTide may collect, compile, aggregate, de-identify, analyse and commercialise the sentiment ratings you submit as part of the FEVI Data, including by licensing aggregated or de-identified FEVI Data, insights and reports to clubs, leagues, sponsors, broadcasters, media organisations and research partners. You will not be entitled to any payment, royalty or other compensation for this. We will not disclose your Personal Information in a form that identifies you except as described in the Privacy Policy and as permitted by POPIA.

9. Predictions: no betting or gambling

9.1The App does not offer betting, wagering or gambling of any kind. No part of the App requires or permits you to stake, wager or risk money, or anything of monetary value, on the outcome of any sporting event or other uncertain event.

9.2The App may show Predictions of which team or player is likely to win a match or competition, and may allow you to record your own Predictions. Predictions shown by the App are generated from statistical models, sports data obtained from Third-Party Services and the combined views of users.

9.3You acknowledge that Predictions are estimates of likelihood only. They are not guarantees of any outcome, they are not statements of fact, and they are not betting, financial, investment or other professional advice. Sporting outcomes are uncertain and Predictions will often be wrong. You must not rely on any Prediction when making any betting, wagering or financial decision, and FanTide will not be liable for any loss arising from such reliance.

9.4Recording your own Predictions is free and is for entertainment only. Your Predictions may earn Points and a place on leaderboards, but Points and rankings have no monetary value and cannot be exchanged for money or anything of monetary value, except where a prize is awarded under a Competition in accordance with clause 12.

9.5You may not use the App, including its community features, to arrange, offer, facilitate or settle any bet or wager (including private bets between users), or to advertise, solicit or promote gambling services, betting accounts or paid betting tips.

10. Live sports data

10.1Live scores, fixtures, line-ups, match events, statistics and other sports data displayed on the App are obtained from Third-Party Services and may be delayed, incomplete or inaccurate, or may be corrected after they are first displayed.

10.2We take reasonable steps to present sports data accurately, but we do not guarantee its accuracy, completeness or timeliness. The official result of any match or competition is the result declared by the relevant organiser. Where data displayed on the App differs from the official result, the official result prevails for all purposes, including Points, leaderboards and Competitions.

10.3Where Points, rankings or a Competition result have been affected by a data error, a technical fault or fraud, we may correct, recalculate or void them, even after they have been displayed or awarded. Where a prize has been awarded as a result of a clear error, we may withhold the prize or require its return, to the extent permitted by Applicable Law.

10.4Live streams, video, community chat and similar features may be provided by or through Third-Party Services. Their availability, quality and content depend on those providers.

11. Points, leaderboards and virtual items

11.1Points are licensed to you for use within the App only. You do not own them and they are not your property. Points have no cash value and cannot be sold, transferred, exchanged or redeemed for money, except where a Competition’s rules expressly provide for a prize.

11.2The rules for earning and calculating Points are published in the App. We may change these rules from time to time. Changes will apply going forward and will not be applied retrospectively to your disadvantage, except to correct an error, a technical fault or fraud.

11.3Leaderboards are public. Your username, profile image, ranking, Points and country or region may be displayed to other users and on FanTide’s websites and social media channels. Please choose a username and profile image that you are comfortable having displayed publicly.

11.4If your Account is closed, or is suspended or terminated because you breached these Terms, you may lose all Points, rankings and unclaimed rewards associated with it, and they will not be refunded or compensated.

12. Promotional competitions

12.1From time to time, we may run Competitions, either on our own or together with sponsors or partners. Each Competition is governed by these Terms and by its Competition Rules, which will be published in the App or on our website. If there is a conflict between these Terms and the Competition Rules, the Competition Rules prevail for that Competition.

12.2Competitions are conducted in accordance with section 36 of the CPA and its regulations. The Competition Rules will state, at a minimum, the prize or prizes, how to enter, how winners will be determined, the start and closing dates, how and where results will be announced, and where the Competition Rules may be obtained free of charge.

12.3You will never be required to pay to enter a Competition, other than the reasonable cost of the data or electronic message used to enter, which will not exceed the amount permitted under the CPA regulations.

12.4The following persons may not win a Competition: the directors, members, partners, employees, agents and consultants of FanTide, of any sponsor, of any person who directly or indirectly controls or is controlled by FanTide, and of any supplier of goods or services in connection with the Competition, as well as the spouses, life partners, business partners and immediate family members of any of those persons.

12.5Before a prize is awarded, a winner may be asked to provide proof of identity, age and eligibility within the period stated in the Competition Rules. A winner who does not respond, cannot be contacted or is found to be ineligible within that period will forfeit the prize, and we may award it to an alternative winner. Prizes are not transferable and may not be exchanged for cash unless the Competition Rules say otherwise.

12.6We will only publish a winner’s name or image with the winner’s consent. You will not be required to agree to publicity as a condition of receiving a prize.

12.7We may disqualify any entrant, and withhold any prize, where we reasonably believe the entrant has breached these Terms or the Competition Rules, used more than one Account, used automated means, colluded with others or otherwise acted dishonestly.

12.8We will keep records of each Competition for the period required by Applicable Law.

13. Community features and user content

13.1The App may allow you to post comments, chat messages, reactions, images, videos and other User Content, including through live chat and streaming features provided by Third-Party Services.

13.2You are solely responsible for your User Content. You warrant that you own your User Content or have all rights needed to post it, and that your User Content does not infringe the rights of any person, is not unlawful and complies with these Terms.

13.3You keep ownership of your User Content. By posting User Content, you grant FanTide a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to host, store, reproduce, publish, display, communicate, format and distribute your User Content in connection with operating, promoting and improving the App and FanTide’s services. This licence continues for as long as the User Content remains on the App and for a reasonable period afterwards for backup, legal and record-keeping purposes. We will ask for your consent before using your User Content in advertising outside the App in a way that identifies you. To the extent permitted by law, you agree not to object to reasonable formatting, cropping or moderation of your User Content.

13.4We may, but are not obliged to, monitor, review, restrict or remove any User Content, including by using automated tools, and may do so without notice where we reasonably believe it breaches these Terms or Applicable Law. User Content reflects the views of the person who posted it and not the views of FanTide.

13.5You can report User Content that you believe is unlawful or breaches these Terms by using the reporting tools in the App or by emailing legal@fantide.africa Take-down notices under section 77 of ECTA may be sent to the same address and must contain the information required by that section.

13.6We will comply with our obligations under the Films and Publications Act 65 of 1996, the Cybercrimes Act 19 of 2020 and other Applicable Law in relation to unlawful content. This may include removing content, preserving information and reporting content or users to the Film and Publication Board, the South African Police Service or other authorities.

13.7If you send us ideas, suggestions or other feedback about the App, we may use them freely, without any obligation to you.

14. Acceptable use

14.1You must use the App lawfully and respectfully. You may not use the App to:

(a)post or share anything that is unlawful, defamatory, threatening, harassing or abusive, or that incites violence, including against players, coaches, referees, officials, journalists or supporters of any club;

(b)post hate speech or racist, xenophobic, sexist, homophobic or other discriminatory content, including content prohibited by the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;

(c)post sexually explicit material, or any content that sexualises, exploits or endangers children;

(d)disclose any other person’s Personal Information, private messages or intimate images without that person’s consent;

(e)impersonate any person or organisation, including any club, player, official or FanTide employee, or misrepresent your connection with any of them;

(f)send spam or unsolicited advertising, or promote pyramid schemes, investment or cryptocurrency schemes, gambling services or paid betting tips;

(g)create fake or multiple Accounts, use bots or scripts, or take part in coordinated or inauthentic activity to manipulate FEVI, polls, predictions, leaderboards or Competitions;

(h)exploit any bug, error or vulnerability in the App (which you must instead report to us promptly), or introduce malware, probe, test or attempt to breach the security of the App, or interfere with its operation;

(i)upload, stream, record, capture or redistribute match footage, broadcasts, live streams or other content without the permission of the rights holder;

(j)use the App for any commercial purpose without our prior written consent; or

(k)present Content or FEVI Data as official information, or attribute any statement or data to FanTide in a misleading way.

14.2If you breach this clause, we may remove content, issue a warning, restrict features, forfeit Points or prizes, suspend or terminate your Account, and report the matter to the relevant authorities, depending on the seriousness of the breach.

15. Intellectual property

15.1The App and all Content, including its software, source code, design, layout, text, graphics, logos, databases, data compilations and FEVI, are owned by or licensed to FanTide and are protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and other Applicable Law.

15.2FANTIDE, FEVI, the FanTide logo and wave device, and all related names, logos and marks are trade marks of FanTide, whether registered, pending or unregistered. You may not use them without our prior written consent.

15.3All other trade marks, names and logos shown on the App, including those of clubs, leagues, competitions, sponsors and partners, belong to their respective owners.

15.4Nothing in these Terms transfers any intellectual property right to you.

15.5You may share screenshots of your own profile, rankings and public FEVI displays on social media for personal and non-commercial purposes, provided that you do not alter them in a misleading way or remove FanTide branding.

16. No affiliation or endorsement

16.1Unless we expressly state otherwise, FanTide is independent and is not affiliated with, endorsed, sponsored or approved by any league, competition organiser, federation, club, player, broadcaster or sponsor. References to competitions, clubs, players and other persons on the App are made only to identify them.

16.2Where FanTide has an official partnership with any organisation, we will say so clearly.

17. Privacy and data protection

17.1We process your Personal Information in accordance with POPIA and our Privacy Policy. The Privacy Policy explains what Personal Information we collect, why we collect it, who we share it with (including service providers for hosting, sports data, community and streaming features and analytics), how long we keep it, your rights to access, correct, delete and object to its processing, and how to lodge a complaint with the Information Regulator.

17.2Some of our service providers are located outside South Africa. Where we transfer Personal Information across borders, we will do so only in accordance with section 72 of POPIA.

17.3Your FEVI ratings are expressions of opinion about sporting events and are not intended to record information about your physical or mental health. Please do not use the App, including community features, to share special personal information about yourself or others, such as information about health, religion, political persuasion or criminal behaviour.

17.4We take appropriate and reasonable technical and organisational measures to protect your Personal Information, as required by section 19 of POPIA. No system is completely secure, and you must also take reasonable steps to protect your device and log-in details.

17.5You may contact our Information Officer at sindi@fantide.africa

18. Marketing and advertising

18.1We will only send you direct marketing by electronic communication if you have consented to receive it or where POPIA otherwise permits it. Every marketing message will give you a simple way to opt out, and you may opt out at any time. You may also exercise your right under section 11 of the CPA to block direct marketing.

18.2Service messages, such as security alerts, notices of changes to these Terms and information about your Account, are not marketing and will be sent to you for as long as you have an Account.

18.3You can manage push notifications through the settings on your device.

18.4The App may display advertising and sponsored content, which will be identified as such. We do not endorse any third-party product or service advertised on the App, and any transaction you enter into with an advertiser is between you and that advertiser.

19. Paid features and cooling-off rights

19.1The App is currently free to use. If we introduce subscriptions, in-app purchases or other paid features (“Paid Features”), we will clearly display the price, what is included, how payment is made, how often you will be billed and how renewal and cancellation work before you pay. Additional terms may apply to Paid Features.

19.2Purchases made through an app store are processed by that app store and are subject to its payment and refund terms, in addition to your rights under Applicable Law.

19.3Where section 44 of ECTA applies, you may cancel a purchase of a Paid Feature without giving a reason and without penalty within 7 (seven) days after the transaction is concluded, and we will refund any payment within 30 (thirty) days after cancellation. This right is subject to the exclusions in section 42 of ECTA, including where, with your consent, we begin providing a digital service before the 7 (seven) day period ends.

19.4Where a Paid Feature is a fixed-term agreement to which section 14 of the CPA applies, you may cancel it on 20 (twenty) business days’ notice, subject to any reasonable cancellation charge permitted by the CPA.

19.5Except as required by Applicable Law, no refund or compensation is payable for Points, virtual items or unused portions of any Paid Feature.

20. Third-party services

20.1The App uses, integrates with and links to Third-Party Services. Your use of a Third-Party Service is subject to that provider’s own terms and privacy policy. To the extent permitted by Applicable Law, FanTide is not responsible for the content, accuracy, availability, security or practices of any Third-Party Service.

20.2A link to a Third-Party Service does not mean that we endorse it.

21. App Store terms

21.1This clause applies if you download the App from the Apple App Store, Google Play, Huawei AppGallery or any other app store (each an “App Store Provider”).

21.2These Terms are concluded between you and FanTide only, and not with the App Store Provider. FanTide, and not the App Store Provider, is solely responsible for the App and its content.

21.3Your licence to use the App is limited to use on devices that you own or control and as permitted by the usage rules in the App Store Provider’s terms of service.

21.4The App Store Provider has no obligation to provide any maintenance or support services for the App.

21.5If the App fails to conform to any applicable warranty, you may notify the App Store Provider, and it may refund the purchase price (if any) of the App to you. To the maximum extent permitted by Applicable Law, the App Store Provider has no other warranty obligation in respect of the App.

21.6FanTide, and not the App Store Provider, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation.

21.7If any third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, FanTide, and not the App Store Provider, is responsible for the investigation, defence, settlement and discharge of that claim.

21.8You warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

21.9You must comply with any applicable third-party terms, such as your mobile network provider’s terms, when using the App.

21.10The App Store Provider and its subsidiaries are third-party beneficiaries of these Terms and, once they accept that benefit, may enforce these Terms against you as third-party beneficiaries.

22. Suspension and termination

22.1You may stop using the App and close your Account at any time through the Account settings or by emailing support@fantide.africa

22.2We may suspend or terminate your Account or access to the App if:

(a)you breach these Terms or any Competition Rules;

(b)we reasonably suspect fraud, manipulation, unlawful activity or conduct that may harm other users, FanTide or the App;

(c)we are required to do so by Applicable Law, a court or a regulator;

(d)your Account has been inactive for 24 (twenty-four) months and you do not respond to a notice from us within 30 (thirty) days; or

(e)we discontinue the App, in which case we will give you at least 30 (thirty) days’ notice where reasonably practicable.

22.3Except where immediate action is reasonably necessary to protect users, the App or FanTide, or to comply with Applicable Law, we will notify you before suspending or terminating your Account and give you a reasonable opportunity to respond.

22.4On termination, your licence to use the App ends immediately. We may delete your Account data and User Content, subject to the Privacy Policy and our legal retention obligations. Where we reasonably believe one person operates more than one Account in breach of these Terms, we may take action against all of those Accounts.

22.5Clauses 8, 9, 10, 13.3, 15, 23, 24, 25, 27, 29, 30 and 31, and any other provision that by its nature is intended to continue, will survive termination.

23. Disclaimers and assumption of risk

23.1To the extent permitted by Applicable Law, the App and all Content are provided “as is” and “as available”. FanTide does not warrant that the App will be uninterrupted, timely, secure or free of errors, viruses or other harmful components, or that any Content, sports data, Prediction or FEVI reading will be accurate, complete or up to date.

23.2Nothing on the App constitutes betting, financial, investment, legal, medical or other professional advice.

23.3You acknowledge and accept that using the internet and mobile applications involves risks, including data charges, service interruptions and cyber security threats, and that community features may expose you to content posted by other users that you find inaccurate, offensive or objectionable.

23.4This clause does not exclude any right you have under section 54 of the CPA, or any other warranty or right that cannot lawfully be excluded.

24. Limitation of liability

24.1To the maximum extent permitted by Applicable Law, FanTide and its directors, employees, agents, contractors and service providers will not be liable for any loss, damage, cost or expense arising from:

(a)your use of, or inability to use, the App;

(b)any interruption, delay, suspension or discontinuation of the App;

(c)any inaccurate, delayed or incomplete sports data or other Content;

(d)any User Content or the conduct of any other user;

(e)any Third-Party Service;

(f)unauthorised access to your Account, except where caused by our failure to take reasonable security measures;

(g)any decision you make in reliance on the App, FEVI, any Prediction or any Content, including any betting, wagering or financial decision; or

(h)the loss, reset or correction of any Points, rankings or data.

24.2To the maximum extent permitted by Applicable Law, FanTide will not be liable for any indirect, consequential or special loss, or for any loss of profit, revenue, data, opportunity or goodwill, however it arises.

24.3To the maximum extent permitted by Applicable Law, FanTide’s total liability to you for all claims arising from or in connection with the App or these Terms will not exceed the greater of (a) the total amount you paid to FanTide in the 12 (twelve) months before the event giving rise to the claim; and (b) R1,000 (one thousand Rand).

24.4Nothing in this clause limits or excludes FanTide’s liability for loss caused by its gross negligence, wilful misconduct or fraud, for death or personal injury caused by its negligence, or for any other liability that cannot be limited or excluded under the CPA or other Applicable Law.

25. Indemnity

25.1You indemnify and hold harmless FanTide and its directors, employees, agents and contractors against all claims, losses, damages, liabilities, penalties, costs and expenses (including legal costs on the scale as between attorney and own client) arising from (a) your breach of these Terms; (b) your User Content; (c) your breach of any Applicable Law or the rights of any other person; or (d) any use of your Account for which you are responsible under clause 5.4.

25.2This indemnity does not apply to the extent that the loss was caused by FanTide’s own negligence or breach of these Terms. Where the CPA applies to you, this indemnity applies only to the extent that it is fair, just and reasonable.

26. Force majeure

26.1FanTide will not be liable for any failure or delay in performing its obligations caused by an event beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, load shedding or other electricity supply interruptions, failures of telecommunications networks or Third-Party Services, cyber attacks, and acts or orders of any government or regulator.

27. Complaints and dispute resolution

27.1If you have a complaint about the App, please contact us first at support@fantide.africa. We will acknowledge your complaint within 5 (five) business days and will try to resolve it within 20 (twenty) business days.

27.2If we cannot resolve your complaint, you may refer it to the Consumer Goods and Services Ombud, an alternative dispute resolution agent, a provincial consumer protection authority or consumer court, or the National Consumer Commission, as provided for in sections 69 and 70 of the CPA. Complaints about the processing of your Personal Information may be lodged with the Information Regulator.

27.3Nothing in this clause prevents either party from approaching a competent court for urgent relief.

28. Changes to these terms

28.1We may amend these Terms from time to time. The version number and effective date at the top of these Terms show when they were last changed.

28.2We will notify you of any material change at least 14 (fourteen) days before it takes effect, by notice in the App or by email. Changes that are not material, such as corrections, clarifications or changes required by law, take effect when they are published.

28.3If you continue to use the App after a change takes effect, you will be regarded as having accepted the amended Terms. If you do not agree to a change, you must stop using the App and may close your Account before the change takes effect.

29. Notices and domicilium

29.1FanTide chooses 14 Stewart Drive, Berea, East London, Eastern Cape, 5241 as its domicilium citandi et executandi (the address at which legal documents may be served on it), and legal@fantide.africa as its address for notices.

29.2You choose the email address linked to your Account as your address for notices. We may also give you notice through the App.

29.3Notices and communications sent electronically satisfy any requirement that they be in writing, as provided for in section 12 of ECTA, and are regarded as received in accordance with section 23 of ECTA.

29.4Legal process, including summonses and applications, must be served on FanTide at its physical domicilium address.

30. Governing law and jurisdiction

30.1These Terms are governed by the laws of the Republic of South Africa.

30.2Subject to your rights under the CPA to approach a consumer court, ombud or other forum referred to in clause 27, you consent to the jurisdiction of the Magistrates’ Court having jurisdiction over FanTide under section 45 of the Magistrates’ Courts Act 32 of 1944 in respect of any dispute arising from these Terms, even if the amount in dispute would otherwise exceed that court’s jurisdiction. FanTide may, at its option, institute proceedings in the High Court of South Africa having jurisdiction.

31. General

31.1These Terms, the Privacy Policy, any Competition Rules and any additional terms that apply to Paid Features or Test Features make up the whole agreement between you and FanTide about the App. If there is a conflict, the more specific document prevails for its subject matter.

31.2If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed and the rest of these Terms will remain in force.

31.3Any relaxation, delay or indulgence by FanTide in enforcing these Terms does not waive any of its rights.

31.4FanTide may cede, assign or delegate its rights and obligations under these Terms to a related company or to a successor in business, on notice to you, provided that your rights under these Terms are not reduced. You may not cede, assign or delegate your rights or obligations without our prior written consent.

31.5Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and FanTide.

31.6These Terms are available in English. Where we provide a translation, the English version prevails if there is any inconsistency.

31.7These Terms are available at all times at www.fantide.app where you may view, download, store and print them. You may also request a copy at legal@fantide.africa