Franc Legal

Terms and Conditions

1. Definitions

1.1 “Ancillary Terms” means all additional terms and conditions applicable to Franc’s Offering and include:
1.1.1 Franc’s Privacy Policy;
1.1.2 Franc’s Stokvel Constitution;
1.1.3 the FAQ’s; and
1.1.4 the PAIA Manual.

1.2 “App” means the Franc mobile phone or tablet application.

1.3 “Franc” means Franc Group (Proprietary) Limited (registration number: 2017/020547/07), a private company duly incorporated in accordance with the laws of the RSA.

1.4 “Franc’s Affiliates” means Franc’s shareholders, directors, present or past employees, consultants, service providers, suppliers, holding companies, subsidiaries, affiliates, agents, representatives and successors and assigns.

1.5 “Franc’s Offering” means Franc’s Platform and Franc’s Services.

1.6 “Franc’s Platform” means the App and Website.

1.7 “Franc’s Privacy Policy” means Franc’s Privacy Policy, as amended from time to time and found here

1.8 “Franc’s Services” means any services provided by Franc through Franc’s Platform or otherwise.

1.9 “Franc Stokvel Constitution” means the constitution of the Franc stokvel, as amended from time to time, and found here

1.10 “Loss” means claims, damages, liabilities, losses, costs (including legal costs on a scale as between attorney and own client and any additional legal costs) or expenses of any kind, whether direct or indirect, actual, consequential, compensatory, incidental, punitive or special (including damages for loss of business, revenue, profits, data, use, goodwill or other intangible losses) including loss incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry regarding any aspect of Franc’s Offering.

1.11 “RSA” means the Republic of South Africa.

1.12 “Terms” means these terms and conditions as contained herein, and amended from time to time.

1.13 “the FAQ’s” means the frequently asked questions document containing important information relevant to Franc’s Offering, as amended from time to time and found at hifranc.com/legal/FAQ’s.

1.14 “the PAIA Manual”means Franc’s manual in respect of the Promotion of Access to Information Act, No 2 of 2000, as amended from time to time and found at hifranc.com/legal/PAIA Manual.

1.15 “Third Party Offerings” means any websites and/or services offered by third parties and which offerings may or may not be endorsed by Franc.

1.16 “Third Party Providers” means any third party service providers who have been appointed by Franc to assist Franc with the provision of the Franc’s Services.

1.17 “User” means any user of Franc’s Offering.

1.18 “Website” means the website owned by Franc and situated at www.hifranc.com.

2. General

2.1 The use of Franc’s Offering is governed by these Terms. Each time a User utilises Franc’s Offering, it agrees to be bound by these Terms. Franc may change these Terms at any time and will publish the amended and latest version. The User confirms acceptance of these Terms as modified, changed, supplemented or updated by Franc.

2.2 These Terms incorporate all Ancillary Terms, with the User acknowledging that they have read and understand all Ancillary Terms and that the User agrees to be bound to them.

2.3 People below the age of 18 years are not allowed to use the Franc’s Offering. Users must be 18 years or older. If you are a minor child under the age of 18 years you may only enter into this Agreement and register an account on the StokFella platform with the prior written consent of one or more of your parents or legal guardians.

3. Disclaimer

By using Franc’s Offering the User acknowledges and agrees that Franc’s Offering is provided without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of Franc’s Offering and that Franc’s Platform is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or a User’s hardware or software. Franc accepts no responsibility for any errors or omissions on Franc’s Platform. Franc may, in its sole discretion, at any time, suspend or terminate the operation of any aspect of Franc’s Offering, without prior notice.

4. Intellectual Property

Franc retains all right, title and interest in Franc’s Offering, all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, agreements, policies, information and other material available on Franc’s Platform which may not be copied, imitated or used, in whole or in part, without Franc’s written permission. Franc reserves all rights not expressly granted.

5. Liability

5.1 Franc accepts no responsibility for the accessibility of Franc’s Platform nor the provision of Franc’s Services. In no event will Franc or Franc’s Affiliates be responsible or liable for any Loss regardless of whether Franc or any Franc Affiliates have been advised of the possibility of such Loss, including without limitation any Loss related to the following:
5.1.1 the use or performance of Franc’s Platform including any fault, delays, interruptions or lack of availability of Franc’s Platform, including unauthorized access to a User’s account;
5.1.2 the veracity of any information that the User provides to Franc;
5.1.3 the failure to receive in any way the transmission of any data, content, funds or property from a User;
5.1.4 any reliance on, or decision made on the basis of, information or material shown on or omitted from Franc’s Platform;
5.1.5 any conduct or content of any Third Party Providers and/or any Third Party Offerings;
5.1.6 changes in tax law or any other laws or regulations; or
5.1.7 the User’s violation of these Terms and/or any Ancillary Terms.

5.2 To the fullest extent permitted by applicable law, the User indemnifies, defends and holds harmless Franc and Franc’s Affiliates from and against all Loss arising from or related to the above. This indemnity will bind upon and inure to the benefit of successors, assigns, heirs and personal representatives of Franc and the User. The User’s obligations contained herein remains operative regardless of whether the User ceases to use any aspect of Franc’s Offering. Franc reserves the right to exercise sole control over the defence, at the User’s expense, of any claim subject to indemnification pursuant to these Terms.

5.3 Notwithstanding the fact that Franc’s Platform may refer to Third Party Offerings, such Third Party Offerings are used entirely at the User’s risk and Franc is not responsible for any Loss, arising from your use of Third Party Offerings. Franc does not endorse, warrant or make any representations about the content, products, services, security or reliability of any Third Party Offerings.

6. Severability

6.1 If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.

6.2 Franc may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. The User is prohibited from assigning, transferring, or subcontracting any rights and/or obligations under these Terms without Franc’s written consent.

7. Laws, regulations and jurisdiction

The use of Franc’s Offering shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the courts of the RSA.

8. Contact Us

8.1 Any questions or suggestions regarding these Terms, shall be sent to the following addresses:

info@hifranc.com
3rd Floor, 2 Merchant Place Cnr Fredman Dr & Rivonia Rd Sandton, 2196

8.2 Franc has chosen the above registered address as its domicilium citandi et executandi for the purposes of receiving notices and legal proceedings in connection with these Terms.

8.3 The User nominates the physical address as elected for the purpose of utilising Franc’s Services as domicilium citandi et executandi for the purposes of receiving notices and legal proceedings in connection with these Terms and any Ancillary Terms.

Franc - All rights reserved