FORGE™ is a product designed to help users safely find their way on hiking, trail running and mountain-biking trails with confidence by having access to highly accurate digital trail maps in a simple interface.
1. FORGE PRODUCTS
These Terms of Service (Terms) contain the terms and conditions on which Forge New Frontiers (Pty) Ltd (Forge) supplies the content, products and services listed on www.forgesa.com (Website), through Forge's applications (Apps) or other delivery methods.
The Website, content, products, services and the Apps are the “Products”, which may be updated from time-to-time at the sole discretion of Forge.
The User warrants that he/she has read these terms and conditions carefully before ordering any Products from the Website or third-party App stores.
“Device” refers to the device which is used by the User to access the Products including but not limited to computers, smart phones and tablets.
When the User orders any Products, or otherwise uses or accesses the Products, he/she agrees to be bound by these Terms and all applicable laws, rules and regulations.
By using the Products, the User accepts these Terms and agrees to abide by them. If the User does not agree to these Terms, the User agrees to refrain from using the Products.
2. BASIS OF LICENCE
These Terms constitute the whole agreement between the User and Forge for the supply of the Products. In order to participate in certain Products, which will be specified, the User may be required to agree to Additional Terms, which Additional Terms form part of this Agreement. Where such Terms are inconsistent with these Terms, the additional Terms will pertain.
As part of the User’s use of the Products, the User consents to the processing and storage of his/her personal information in South Africa, including the processing and storing of personal information in South Africa for the purposes of processing payments and tracking individual use of the products.
By using the products, the User acknowledges that he/she understands and agrees that South Africa may not have the same level of protection of personal information that exist in the User’s country of residence.
Forge will take such measures as is required to comply with applicable law regarding the transfer, storage and use of certain personal information.
At Forge, we encourage people to Find Their Path and Explore More. Remember that conditions outdoors can change rapidly. Always head out prepared, know your limits and be a responsible trail User in order to stay safe!
Users are responsible for checking local weather and conditions and respecting the mountain and landscape, official signage, closed paths, permit conditions, conservation authority rangers and trail managers, and of course fellow hikers, climbers and runners
4. DISCLAIMER AND LIABILITY
Forge strives to bring you/the User the most accurate data and are constantly working on improving the app and maps therein.
The Forge mobile app and website are intended for information purposes only.
Forge New Frontiers (Pty) Ltd takes no responsibility for any factual inaccuracy depicted on the Forge (Hiking Maps) application and Forge website (forgesa.com), nor any inconvenience caused, loss incurred, injury or death through the indirect or direct use of the application, website and data therein. By proceeding to use the Forge app or website you indemnify Forge New Frontiers (Pty) Ltd accordingly.
Use of Forge by Minors
Individuals under the age of 18, or the applicable age of majority, may only utilise the Products with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
As of the date of the last update to these Terms, Forge is free to use.
7. DEVICE REQUIREMENTS
To enjoy Forge via his/her smartphone or other Device, the User’s Device must satisfy certain system requirements. These requirements can be found on the relevant app store (iOS App Store or Google Play Store).
In certain circumstances, Forge apps may become redundant on devices running old software versions.
While we attempt to ensure as much compatibility as possible, we cannot guarantee the compatibility on any device or software version.
Forge may in some instances be limited by the platform on which the app/s is/are hosted in terms of device compatibility.
8. PROHIBITED USE OF THE PRODUCTS
The User agrees not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves.
The User agrees not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. The User may not access the Products in an unauthorised manner.
The User agrees not to impersonate any other person while using the Products, conduct himself/herself in an offensive manner while using the Products or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of this section, the User may commit a criminal offence under applicable laws. Forge may report any such breach to the relevant law enforcement authorities and Forge may cooperate with those authorities by disclosing his/her identity to them. In the event of such a breach, his/her right to use the Products will cease immediately.
9. MATERIALS OFFERED THROUGH THE PRODUCTS
All materials (including software and content whether downloaded or not) contained in the Products are owned by Forge or Forge's affiliates and/or third-party licensors, where applicable, unless indicated otherwise.
The User agrees and acknowledges that the materials are valuable property and that, other than any specific and limited license for use of such materials, the User will not acquire any ownership rights in or to such materials.
The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to the User without Forge’s prior written permission.
The User agrees that certain materials on or in the Products are the property of third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of this section against the User.
The Products are not intended for the User’s commercial use. Commercial advertisements, affiliate links and other forms of solicitation may be removed by Forge without notice and may result in termination of privileges.
The User must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from Forge.
Material from the Products may not be copied, distributed, republished or transmitted in any way, without Forge's prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates his/her right to use the Products and may subject the User to legal liability.
The User agrees not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and the User agrees that the User will comply with all laws, rules and regulations related to his/her use of the Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Products.
A limited amount of content (Distribution Content) may be marked and authorised for the User to share in his/her personal social channels (Facebook, Twitter, blog, online commentary, analysis or review etc.).
Forge grants the User a limited right to download, reproduce and distribute Distribution Content over the internet as part of his/her User Commentary. The User may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through his/her computer systems and over the Internet (e.g., a change in video format or file size); provided such modification does not materially alter the substance or quality of such content.
The User’s display and distribution of Distribution Content may also be subject to other terms and conditions set forth in the description of such Distribution Content, such as display and distribution of Distribution Content only within specified usage dates.
The User agrees not to publish the Distribution Content with other content that is known by the User to be false, inaccurate, misleading or that is or encourages activity or conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Distribution Content may contain trackers that enable Forge to collect information with respect to the distribution and consumption of such content.
The User may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If the User makes use of the Products, content, code, data or materials thereon, except as otherwise provide, the User may violate copyright and other laws of South Africa and other countries, as well as applicable state or provincial laws. The User may be liable for such unauthorised use.
Forge will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
FORGE™ is a registered trademark (Trademark 2018/06505) under the Companies and Intellectual Properties Commission of South Africa.
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products, is the property of their respective owners.
Nothing grants the User any license or right to use, alter, remove or copy such material. His/her misuse of the trademarks displayed on the Products is strictly prohibited.
Forge will enforce its trademark rights to the fullest extent of the law, including seeking criminal prosecution.
The Products contain information from several sources including ESRI and Open Street Maps (OSM) derivative database, of which Forge does not have any control over data therein and takes no responsibility for inaccuracies therein. For more info on OSM and its contributors, see here.
11. AVAILABILITY OF PRODUCTS
Although Forge aims to offer the User the best service possible, Forge makes no promise that the Products will meet his/her requirements, and Forge cannot guarantee that the Products will be fault free.
If a fault occurs in the Products, please report it to Forge at email@example.com and Forge will review the complaint and where Forge determines it is appropriate to do so, correct the fault. If the need arises, Forge may suspend access to the Products while Forge addresses the fault. Forge will not be liable to the User if the Products are unavailable for a commercially reasonable period of time.
The User’s access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. Forge will restore the Products as soon as Forge reasonably can.
12. USER MATERIAL
Users of the app and website are encouraged to submit geospatial data or other information such as photos in order to improve the current trail and point of interest (POI) network on the Forge maps, to the benefit of the community at large. Forge will endeavour to credit the provider of the data where possible in the data attributes, via social media or through written communication.
While Forge will never distribute the original supplied data without written consent, Forge may sell, lease or display data or information originally derived from the supplied data, which has been modified and edited.
The supplier of the data must consent to this in the Submit GPX button on the website when they submit data, or in writing.
Forge takes responsibility to ensure users are aware and consent to this.
13. LINKS TO OTHER/THIRD-PARTY WEBSITES
Forge may provide links to other websites or services for the User to access. The User acknowledges that any access is at his/her sole discretion and for his/her information only. Forge does not review or endorse any of those websites or services.
Forge is not responsible in any way for the availability of, the privacy practices of, the content, advertising, products, goods or other materials or resources on or available from the use to which others make of these other websites or services.
Forge is also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
14. FORGE WEBSITE LINKS
The User may link to Forge's home page or any other Forge web page, provided the User do so in a way that is fair and legal and does not damage Forge's reputation or take advantage of it.
The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Forge's part where none exists. The User must not establish a link from any website that is not owned by the User.
The Products must not be framed on any other website nor may the User create a link to any part of the Products unless the User have written permission to do so from Forge. Forge reserves the right to withdraw linking permission by written notice.
The website from which the User is linking must comply in all respects with the content standards set out in Forge's acceptable use policy. If the User wishes to make any use of material on or in the Products other than that set out above, the User must address his/her request to firstname.lastname@example.org.
15. PRINTING LIMITATIONS
Forge grants the User the right to print hard copies of screenshots of maps on the Forge website and create and reproduce an unlimited number of hard copy reproductions for his/her personal, in-house business, or intra-institutional use, subject to the property rights notice and credit requirements set forth below.
Forge requires any included Forge or 3rd party copyright notices to appear in legible form on or adjacent to the reproduction.
The User may distribute hard copy reproductions on paper as long as the reproductions is distributed freely, without charge and in a non-commercial manner.
Forge requires the User obtain a supplemental licence in writing from Forge before the User reproduces any reproductions in a publication that is for sale, resale or that contains paid advertisements.
16. GENERAL TERMS AND CONDITIONS
Assignment by Forge
Forge may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect its rights under it.
The User may not transfer his/her rights or obligations under these Terms to anyone else. These Terms are personal to the User and no third party is entitled to benefit under these Terms except as set out in this documented.
Indemnity by the User
The User agrees to defend, indemnify and hold harmless from any and all claims, liabilities, costs and expenses, including all reasonable attorneys’ fees Forge and its directors, officers, members, investors, managers, employees and agents, arising in any way from his/her use of the Products, his/her placement or transmission of any message, content, information, software, or other submissions through the Products, or his/her breach or violation of the law or of these Terms.
Forge reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with Forge’s defence of such claim.
17. NO WAIVER
If Forge delays exercising or fail to exercise or enforce any right available to Forge under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
18. FORCE MAJEURE
Forge will not be liable to the User for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by Forge to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Forge's reasonable control.
19. CHANGES TO TERMS
Forge reserves the right to change or update these Terms, or any other of Forge's policies or practices, at any time, and will notify Users by posting such changed or updated Terms on this page.
Any changes or updates will be effective immediately upon posting to www.forgesa.com. The User’s continued use of the Products constitutes the User’s agreement to abide by the Terms as changed. Under certain circumstances Forge elects to notify the User of changes or updates to Forge's Terms by additional means such as email.
20. DOMICILIUM CITANDI AND EXECUTANDI
Forge New Frontiers (Pty) Ltd.’s registered address is at: 29 Sea Glade, Hout Bay, South Africa, 7806.
Forge’s contact email address is email@example.com. All correspondence to Forge including any queries the User may have regarding his/her use of the Products or these Terms should be sent to this contact email address.
These Terms are effective and were last updated on 2 May 2021.
Forge New Frontiers (Pty) Ltd is a private company registered in the Republic of South Africa.