Website Terms and Conditions of Use
This document sets out the terms and conditions (“Terms”) of Four12 Global NPC, registration Number: 2013/154528/08 and with PBO Number: 930 046 565 situated at: 12 Wingate Crescent, Sunningdale, Cape Town, South Africa (“F12”), pertaining to the access and use of the information, products, services and functions provided on www.four12global.com (“Website”).
In these Terms, “you” or “user” means a person who accesses or uses the Website, submits information through the Website, registers for an event through a facility linked to or made available through the Website, or uses any other online service expressly governed by these Terms. If you use the Website or submit information on behalf of another person, you warrant that you are lawfully authorised to do so.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE CONTRACTUALLY BOUND BY THE PROVISIONS OF THESE TERMS THAT GOVERN ACCESS TO AND USE OF THE WEBSITE. If you do not agree to those provisions, you must refrain from accessing or using the Website.
By voluntarily completing and submitting an online form, enquiry, registration, application, complaint, safeguarding report or other communication through the Website, you request F12 to receive and deal with the information for the purpose apparent from the relevant form or communication, subject to these Terms, the applicable privacy notice and applicable law. Submission does not constitute blanket consent to every use of the information and does not displace any other lawful basis or additional condition required under applicable data-protection law.
These Terms apply to a member of or visitor to a F12 local church only to the extent that the person accesses or uses the Website, submits information through a service governed by these Terms, completes a registration incorporating these Terms, or otherwise expressly agrees to them. Membership of, attendance at, affiliation with or participation in a local church does not, by itself, make a person a Website user or bind that person to these Terms, except if that person agreed to the Terms hereof or the Privacy Policy in another document or form.
Four12 is an international, apostolic partnership of local churches and people joined together in relationship and mission. A local partnering church remains responsible for its own governance, appointments, ministries, members, visitors, pastoral activities, premises, events and local legal obligations, except to the extent that F12 has expressly assumed a particular responsibility in writing.
No legal partnership, agency, franchise or employment relationship is created between F12 and a local partnering church or its leaders merely by reason of association with F12, use of the Four12 name or participation in Four12 activities. Where a responsibility is performed locally, the local church ordinarily acts in its own capacity and not as F12’s agent.
If you register for or attend a Four12 event, the separate terms and conditions applicable to that event (namely the “Four12 Event Terms and Conditions”), the relevant booking platform’s terms and the applicable Event Host’s rules will also apply. The local partnering church identified as the Event Host is ordinarily the primary party responsible for hosting, planning, organising, delivering, supervising and managing the safety, security, facilities and operations of the event and venue, including any children’s programme and on-site activities. Unless expressly agreed otherwise in writing for a particular event, F12 does not assume operational control of the event or venue.
Where F12 determines the purposes and means of processing personal information, F12 acts as the responsible party or controller only in respect of that processing. A local church, Event Host, booking platform or other organisation that independently determines the purposes and means of its processing acts as a separate responsible party or controller and is responsible for its own privacy information and legal compliance. Nothing in these Terms creates or acknowledges a joint-controller relationship. If F12 and another party are found, as a matter of applicable law, jointly to determine the purposes and means of a specific processing activity, their respective responsibilities are limited to that activity and governed by applicable law and any written arrangement concluded for that purpose.
If you are under the age of 18, you may use the Website only to the extent permitted by applicable law. A parent or legal guardian must provide any authorisation or consent required for a minor to purchase a product, register for an event or use a service. A person who submits information concerning a child or another person warrants that the submission is lawful and reasonably necessary for the stated purpose. A safeguarding concern may nevertheless be submitted without parental consent where permitted or required by law and reasonably necessary to protect a child or another person at risk.
F12 may amend or replace these Terms from time to time. The version published or expressly presented to the user at the time of the relevant access, submission or transaction applies to that access, submission or transaction, unless applicable law requires otherwise. By continuing to use the Website or relevant service after an amended version is made available, the user accepts the amended Terms. Any amendment affecting personal information remains subject to any notice or consent requirement that cannot lawfully be excluded.
Content of the Website
F12 reserves the right to make improvements, to change or to discontinue, without notice, any resource, aspect or feature of the Website and any information or content on the Website.
F12 may use the services of third parties to provide information on the Website. F12 has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that F12 and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
F12 makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
F12 does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. F12 expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
whilst F12 has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
F12 disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which F12 receives it and statements from external parties are accepted as fact.
Linked Third Party Websites and Third Party Content
F12 may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and F12 does not endorse, nor does the inclusion of any link imply F12’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
While F12 tries to provide links only to reputable websites or online partners, F12 cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of F12. F12 is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
You agree that F12 shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
Usage Restrictions
The user hereby agrees that it shall not itself, nor through a third party:
copy, disseminate, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website 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 Website;
write and/or develop any derivative of the Website or any other software program or document or teaching based on the Website;
modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of F12;
without F12’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
remove any identification, trademark, copyright or other notices from the Website;
post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
Security
In order to ensure the security and reliable operation of the services to all F12’s users, F12 hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Website in any manner which may compromise the security of F12’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should F12 suffer any damage or loss, civil damages may be claimed by F12 against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) may, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by F12 and its affiliates (churches or organisations involved in F12), agents and/or partners.
F12 applies security policies and procedures intended to protect Personal Information stored by F12 and to reduce unauthorised access or use. The user acknowledges that no system is completely secure. If F12 becomes aware of a compromise affecting the user’s Personal Information, any notification by F12 is governed by applicable law and depends on F12 having sufficient and current contact details for the user.
Media Content at Events
This clause applies only to events at which photography, filming, audio recording or broadcasting may occur. Separate event terms, notices at the venue, booking terms and the privacy policies of F12 and the relevant Event Host may also apply.
Photographs, audio recordings or videos may be taken or broadcast at a Four12 event by F12, the Event Host, authorised service providers, other attendees or third parties. Content created or posted independently by attendees or third parties on social media or other external platforms is outside F12’s control, and F12 does not endorse or accept responsibility for that content.
Where a registration or booking process expressly incorporates or links to the applicable Four12 Event Terms and Conditions, those terms are incorporated into these Terms and bind the user only to the extent that the user registers or books for, attends or participates in the relevant event, whether for the user or on behalf of an Event Participant whom the user is lawfully authorised to register. The person completing the registration confirms that the registration information is accurate and complete, agrees to comply with the provisions of the Four12 Event Terms and Conditions applicable to the user or Event Participant, and warrants that the person is authorised to register each identified Event Participant and to accept the applicable contractual terms on that person’s behalf. A person may not give legally effective consent, waive a right or accept a term on behalf of another competent adult unless properly authorised to do so. If there is any inconsistency between these Terms and the Four12 Event Terms and Conditions in relation to a particular event, the Four12 Event Terms and Conditions apply to that event to the extent of the inconsistency.
Where consent is the lawful basis for identifiable or promotional Media Content, the Event Participant consents, in a specific and informed manner and subject to any right of withdrawal under applicable law, to F12 or the relevant Event Host taking, recording, using and publishing that Media Content for the purposes disclosed in connection with the event. Mere access to the Website does not constitute consent to event photography or publication. This Privacy Policy applies to an Event Participant where the Event Host refers that Event Participant to, or expressly incorporates, these Terms and Conditions in the applicable event registration, booking process, event notice or other communication.
General crowd, audience or atmosphere images may be captured where attendees are not the primary focus and where another lawful basis is available under applicable law.
The Event Participant hereby gives consent, for themselves and for each child in respect of whom they are the parent or legal guardian or are otherwise legally authorised to provide consent, to the taking, recording, use and publication of Media Content in accordance with this clause. The Event Participant warrants that they have the necessary legal authority to provide consent on behalf of each such child. The Event Participant acknowledges that any use of a child’s Media Content remains subject to applicable law and that F12 or the Event Host may, in its discretion, decline or discontinue a proposed use having regard to the child’s age, welfare, dignity, reasonable wishes, safeguarding risks and the context of the proposed use. Consent arising merely from attendance does not extend to promotional use of sensitive, distressing, medical, pastoral or safeguarding-related images, which should be communicated to F12 in writing in advance.
Media Content may be edited, cropped, combined with text, graphics, film, audio or other material, and published through F12’s or an Event Host’s authorised channels for the purposes explained when the content was obtained. Applicable intellectual-property rights, moral rights, privacy rights and data-protection rights remain subject to law.
An Event Participant who objects to identifiable Media Content may contact privacy@four12global.com and identify the relevant content. The Event Participant acknowledges that F12 has discretion, subject to applicable law, to determine whether and to what extent future use may be withdrawn, restricted, deleted or ceased, having regard to the applicable lawful basis, legal obligations, technical feasibility, freedom of expression, archiving needs and the rights of others. F12 does not guarantee removal of copies lawfully published, downloaded, shared or controlled by third parties.
Where advance exclusion from general event photography is not reasonably practicable because of the nature, size or layout of the event, an Event Participant who objects to being included is responsible for notifying the Event Host or F12 in writing before or at entry. F12 or the Event Host may, where practicable and in its discretion, offer alternatives such as designated no-photography areas, identifiers or instructions to photographers, but does not guarantee that exclusion from all incidental crowd or background images will be possible, given the nature of large gatherings.
The user acknowledges that this clause operates together with the applicable Four12 Event Terms and Conditions, the Event Host’s terms, the relevant booking platform’s terms and the privacy notices applicable to the event. If those terms contain a more specific lawful requirement or protection, the more specific or protective provision applies to the extent of any inconsistency.
Intellectual Property Rights
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
“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 F12, now or in the future, including without limitation, F12’s rights, title and interest in and to all resources on the Website, technology, source code/s, trade secrets, logos, systems, 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.
All copyright and other intellectual property rights in all content, resources, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, F12 and as such are protected from infringement by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your personal information) to F12 for posting on the Website, you automatically grant F12 and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary resources, material or information contained in this Website is granted to you.
Except with F12’s express written permission, no proprietary resources or material from this Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that F12 is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
F12 authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
Risk, Limitation of Liability and Indemnity
The user’s use of this Website and the information contained on the Website 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, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall F12 be liable for any loss, harm, or damage suffered by the user as a result thereof. F12 reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should F12 deem it necessary. Privacy- interception
Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, the user agrees that F12 may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to F12, its employees, directors and agents. The user agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
To the extent permissible by law:
Neither F12, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if F12 knows or should reasonably have known or is expressly advised thereof.
The liability of F12 for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to F12 rectifying the malfunction, within a reasonable time and free of charge, provided that F12 is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of F12. However, in no event shall F12 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 website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify F12 and agree to hold F12 free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by F12 or instituted against F12 as a direct or indirect result of:
your use of the website;
software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of F12;
your failure to comply with any of the terms or any other requirements which F12 may impose from time to time;
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
any unavailability of, or interruption in, the service which is beyond the control of F12.
F12 makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against F12 for any LOSS suffered by you, as a result of information supplied by F12 being incorrect, incomplete or inaccurate.
F12 Privacy and Cookie Policy
Scope of privacy policy: This clause applies to personal information processed by F12 through the Website and associated online services, including general browsing, enquiries, subscriptions, registrations, event-related communications, applications, complaints, safeguarding reports, correspondence and other information voluntarily submitted to F12. Additional or more specific notices may apply to an Event, booking platform, safeguarding report or other service. If a specific notice or mandatory local law provides greater protection, it prevails to the extent of any inconsistency.
Website use and general information submissions: F12 may process technical, usage and security information reasonably required to operate, secure, maintain and improve the Website. Where a user voluntarily submits information, F12 may receive, record, use and respond to that information for the purpose apparent from the submission, to administer F12’s affairs or the requested service or transaction, to communicate with the user, to comply with law and to protect F12’s legitimate rights and interests. Access to the Website or voluntary submission of information constitutes acceptance of the contractual Website Terms and a request that F12 deal with the submission. It does not constitute blanket privacy consent where applicable law requires another lawful basis, separate consent or an additional condition for sensitive personal information.
Event registrations and booking platforms: Event registration may take place through a third-party booking platform used by the relevant local Event Host. The Event Host is ordinarily the primary organiser and may independently determine how registration information is processed. The booking platform may also act as an independent controller or service provider under its own terms and privacy notice. F12 may receive or use relevant registration information where reasonably necessary for event administration, communications, safeguarding, governance, risk management or another stated and lawful purpose. Event Participants must read the applicable Four12 Event Terms and Conditions, Event Host information, booking-platform terms and privacy notices before registration.
Responsible parties, controllers and local churches: Four12 Global NPC, registration number 2013/154528/08, of 12 Wingate Crescent, Sunningdale, Cape Town, South Africa, is the responsible party or controller only where it determines the purposes and means of the relevant processing. Safeguarding enquiries may be directed to safeguarding@four12global.com and privacy enquiries to the Information Officer or Data Protection Officer at privacy@four12global.com or +27 21 557 6020. A local partnering church, Event Host, booking platform or other organisation that independently determines how and why information is processed acts as a separate responsible party or controller and bears responsibility for its own privacy information and legal compliance. Mere association with F12 does not make F12 responsible for information processed by a local church. Nothing in these Terms creates or admits a joint-controller relationship; any such relationship arises only if established by the facts and applicable law, and is limited to the specific processing activity concerned.
General processing purposes: F12 may process personal information to operate and secure the Website; respond to enquiries and communications; administer its affairs, applications, registrations, resources and requested services; facilitate or support events; maintain appropriate financial, transaction, governance and compliance records; prevent fraud, misuse and security incidents; manage legal claims and professional advice; and communicate information reasonably connected with the relationship or service requested by the user. Where the user requests or consents to direct electronic marketing, F12 may send such communications subject to the user’s applicable statutory right to object or unsubscribe.
Information processed: Information may include identity and contact details, location, church affiliation, family and relational information, allegations, witness details, correspondence, supporting documents and other information relevant to a concern. A safeguarding report may also contain information relating to children or vulnerable persons, religious or philosophical beliefs, health, medical treatment, disability, mental health, alleged misconduct, criminal allegations, convictions, offences or protective measures. By submitting such information, the user requests and, where consent is the applicable lawful basis, consents to F12 processing it to the extent reasonably necessary for the purposes disclosed in these Terms or the applicable privacy notice. Processing may also occur where another lawful basis and any additional condition applicable to sensitive, special-category, child or criminal-offence information is available.
Event and general Website information: Depending on the relevant interaction, F12 may process name, identity and contact information; account or subscription information; church affiliation; event registration and attendance information; information concerning family members, children or persons registered by the user; accessibility, dietary or emergency information voluntarily provided for an event; payment or transaction confirmation received from a payment or booking provider; correspondence; preferences; consent or acknowledgement records; IP address, device, browser, log, cookie and security information; and other information reasonably connected with the relevant service. The user requests and, where consent is the applicable lawful basis, consents to that processing for the disclosed purposes, subject to applicable law.
Lawful grounds: Depending on the circumstances and applicable law, processing may be based on consent, performance of a requested service, compliance with a legal obligation, protection of vital interests, legitimate interests in safeguarding and organisational governance, substantial public interest, protection of children or adults at risk, or the establishment, exercise or defence of legal claims. The user acknowledges that agreement to these Terms is not, by itself, the lawful basis for every processing activity and that F12 may rely on any lawful basis available in the circumstances.
Contractual acceptance and consent: Acceptance of these Terms establishes the contractual rules governing use of the Website and any transaction or service that expressly incorporates them. It may also evidence that the user requested F12 to deal with information voluntarily submitted for the stated purpose. It is not a substitute for privacy consent where consent is specifically required by law. Where F12 relies on consent, you freely and specifically consent, on an informed basis, to F12 processing your personal information for the purposes disclosed to you, and you may withdraw that consent without affecting the lawfulness of processing undertaken before withdrawal. F12 may continue processing after withdrawal where another lawful ground applies.
POPIA notice — South Africa: Under the Protection of Personal Information Act 4 of 2013, F12 processes personal information for the safeguarding, administration, service, event, product and media purposes described in these Terms or an applicable notice. By submitting information, the user requests that processing and, where consent is the applicable lawful basis, consents to the processing of personal information, special personal information and information concerning children for those disclosed purposes. F12 may also process such information where authorised by POPIA, another law, a competent authority or an applicable exception. Information may be obligatory where reasonably required to assess or respond to a safeguarding concern, and insufficient information may prevent or limit assessment, referral, investigation or feedback. Any statutory rights of access, correction, deletion, objection, withdrawal or complaint remain subject to POPIA and lawful restrictions.
GDPR, UK GDPR and Isle of Man notice: Where the EU GDPR, UK GDPR, Isle of Man data-protection law or equivalent European rules apply, F12 may process personal data on any lawful Article 6 basis available in the circumstances and, where relevant, under an applicable Article 9 condition. Information about alleged criminal conduct, convictions, offences or related measures may be processed to the extent permitted by Article 10 and applicable domestic law. By submitting information, the user requests that F12 process it for the disclosed purposes and, where consent is relied upon, gives specific and informed consent capable of withdrawal. Statutory rights and response periods remain governed by applicable law and lawful exceptions. The form or an automated system will not, by itself, make a consequential decision about the complainant or the person complained about.
Personal data notice — Russian Federation: If a person is located in the Russian Federation when submitting information, the safeguarding portal is operated by F12 from South Africa. The user acknowledges that a report may contain religious, health, disability, mental-health, family, child, vulnerable-person, misconduct and criminal-allegation information and requests and, where consent is the applicable lawful basis, consents to F12 processing that information for the safeguarding, legal, governance, advice and claims purposes described above. The user also consents, to the extent legally effective, to transfer and processing in South Africa and other countries in which F12, partner churches, professional advisers, safeguarding specialists or service providers operate, including through cloud-based systems. Processing remains subject to any mandatory Russian localisation, consent, notification or transfer restriction that cannot lawfully be excluded. F12 may require an alternative reporting channel or suspend a transfer pending legal review.
International privacy notice: For reports connected with Australia, Brazil, Canada, Fiji, India, Kenya, Malawi, Namibia, New Zealand, the Philippines, Switzerland, Taiwan, Uganda, the United States, Zambia, Zimbabwe or another jurisdiction outside South Africa, the user requests and, where consent is the applicable lawful basis, consents to personal information being processed in South Africa and in other countries where F12, its service providers, advisers or partner churches operate. Processing remains subject to mandatory local requirements that cannot lawfully be excluded, including those concerning children, sensitive information, criminal allegations, storage, breach notification, data-subject rights and international transfers. Any statutory rights remain subject to applicable law and lawful restrictions.
United States supplement: Where a concern relates to activities, churches, ministry operations, individuals or events in the United States, the user requests and, where consent is the applicable lawful basis, consents to processing for safeguarding, child protection, misconduct assessment or investigation, legal compliance, mandatory reporting, risk management, insurance, governance and related purposes. Applicable federal and state law governs reporting duties, confidentiality, privilege, retention, notice, consumer or data-subject rights and any additional protection for children, health information, biometric information, criminal records or other sensitive data. No representation is made that a single US privacy regime applies in every state, and F12 may obtain state-specific advice where considered necessary.
Local-church members and visitors: F12 does not process all information relating to members or visitors of local partnering churches merely because those persons attend or associate with a local church. A local church is ordinarily responsible for its own membership, visitor, pastoral, ministry, volunteer, children’s programme, event and local safeguarding records. Where a member, visitor or other person submits information to F12, requests or authorises a local church to share information with F12, or uses a service that expressly incorporates these Terms, that person acknowledges that the applicable privacy information has been made available and, where consent is the applicable lawful basis, consents to F12 receiving, using, retaining, sharing and transferring the information for the purposes disclosed in these Terms or the applicable privacy notice. F12 may also process the information without consent where another lawful basis applies.
Sharing and confidentiality: The user authorises and, where consent is the applicable lawful basis, consents to F12 disclosing relevant information on a need-to-know and proportionate basis to partnering Four12 churches, Event Hosts, service providers, safeguarding personnel, affected persons where fairness requires an opportunity to respond, professional advisers, independent investigators, insurers, regulators, law-enforcement agencies, social-service organisations, courts and other competent authorities. The user acknowledges that confidentiality cannot be absolute and that F12 may disclose information where reasonably considered necessary or lawful for the disclosed purposes, subject to applicable law.
International transfers: The user requests and, where consent is the applicable lawful basis, consents to information being transferred across borders where reasonably connected with the stated purposes and permitted by applicable law. F12 may select and use any legally available transfer mechanism or supplementary safeguard, including an adequacy decision, binding legal instrument, standard contractual clauses, an international data-transfer agreement or addendum, a permitted derogation, security controls, transfer-risk assessment or restrictions on onward disclosure. F12 may subject higher-risk transfers to additional review in its discretion or where required by law. Details of applicable security safeguards may be requested from privacy@four12global.com, subject to lawful redaction.
Security: F12 applies technical and organisational safeguards that it considers reasonable and appropriate in the circumstances, which may include restricted role-based access, confidentiality duties, secure sharing, multi-factor authentication where available, audit and version controls and incident-response measures. The user acknowledges that no system or transmission method is completely secure.
Retention: The user authorises F12 to retain safeguarding and related information for so long as F12 reasonably considers necessary for safeguarding, statutory, legal, limitation, insurance, governance, evidential and record-keeping purposes, subject to applicable law and F12’s data-retention schedule. F12 may preserve a record for longer where litigation, an investigation, a statutory instruction, legal hold or an unresolved safeguarding risk requires or reasonably justifies continued retention, and may delete or anonymise it when F12 considers retention no longer justified.
Accuracy and information about others: A reporter should provide information honestly and distinguish, so far as reasonably possible, between fact, allegation, opinion and inference. A reporter who provides information about another person should do so only where reasonably necessary for a genuine safeguarding concern. Four12 may inform affected persons about processing unless doing so would create a safety risk, prejudice an inquiry, infringe another person’s rights, breach privilege or be prohibited by law.
Notices, rights and complaints: A person may contact privacy@four12global.com to exercise applicable rights or raise a privacy complaint, and safeguarding@four12global.com regarding handling of a safeguarding report. Identity may need to be verified. Rights may be restricted where necessary to protect another person, preserve confidentiality or privilege, comply with law, avoid prejudicing an investigation or protect legal claims. Nothing in these Terms prevents a person from complaining to a competent data-protection or safeguarding authority.
Safeguarding Form acknowledgement and notice version: By positively selecting the acknowledgement on the safeguarding form, the reporter confirms that the applicable privacy notice has been made available and understood before proceeding. The reporter authorises F12 to record the date, time, notice version and available account or response identifier as evidence of that acknowledgement. The acknowledgement does not waive statutory rights, guarantee confidentiality, compel a report or constitute consent where another lawful basis or a distinct form of consent is required by law.
Cookies: The Website or safeguarding portal may use cookies or similar technologies for security, session management, operation, analytics and other disclosed purposes. By continuing to use the Website after the applicable cookie information or choice is presented, the user consents to cookies to the extent that consent is legally effective; strictly necessary cookies may be used without consent where permitted by law. Browser settings may be used to refuse or delete non-essential cookies, but doing so may affect functionality.
Confidentiality
A user who receives confidential information through a restricted F12 service must protect that information, use it only for the authorised purpose and promptly notify F12 of any suspected loss, misuse or unauthorised disclosure. This obligation does not prevent lawful reporting to the police, social services, a regulator, safeguarding authority, legal adviser or other competent person.
Information submitted to F12 is not automatically public or absolutely confidential. By submitting information, the user requests and authorises F12 to receive, retain, assess and use it to provide products or services, administer its affairs and, where reasonably necessary or lawful, share it to address a matter, protect a person, obtain a fair account, comply with a legal duty, obtain professional advice, manage legal rights or refer the matter to an appropriate church, authority or organisation. The user acknowledges that F12 cannot guarantee secrecy or anonymity and that all handling remains subject to clause 9, the applicable privacy notice, safeguarding requirements and applicable law.
Breach or Cancellation by F12
F12 is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website 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 F12’s right to claim damages, should any user:
breach any of these Terms;
in the sole discretion of F12, use the Website in an unauthorised manner; or
infringe any statute, regulation, ordinance or law.
Breach of these Terms entitles F12 to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to F12 on an attorney and own client scale.
Compliance with Section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
Full name: Four12 Global NPC
Registration number: 2013/154528/08
Physical address: 12 Wingate Crescent, Sunningdale, Cape Town, Western Cape, South Africa.
Telephone number: +27 (0)21 557 6020
Website address: www.four12global.com
E-mail address: info@four12global.com
Names of office bearers: Andrew Selley, Philip van der Westhuizen, Brad Verreynne, Jonathan Stanfield, Christopher Staples.
Compliance with Laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
Notices
Except as explicitly stated otherwise, any notices shall be given by email to info@four12global.com (in the case of F12) or to the e-mail address you have provided to F12 (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, F12 may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to F12. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
General Clauses
These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
This Website is controlled, operated and administered by F12 from its offices within the Republic of South Africa. F12 makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
F12 does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
F12’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of F12.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between F12 and you with respect to the subject matter hereof.
Four12 Global NPC