Terms and Conditions

Welcome to FUNA.

** Kindly see a description of terminology used in the Terms of Use in Point 24.

The following information, together with the Privacy Policy, defines the conditions under which the use of FUNA is operated. Only these Terms of Use (together with the Privacy Policy) apply to any contract made between yourself in relation to services provided by FUNA. These conditions are accepted in its entirety when the App is downloaded and when you register on the FUNA App. Any deviations from these specified conditions will not be accepted.

You become a subscriber to FUNA by downloading the Application (the “App”) on either your Android or Apple device/s. FUNA operates an online dating and matchmaking platform and provides a free subscription for the first calendar month whereafter you will be billed monthly. When you register on the FUNA App, you will receive immediate access to the FUNA database, which contains profiles and information about other members.


By subscribing to FUNA, you will be deemed to have accepted the Terms of Use and agreed to be bound by –

1.1   our Terms of Use;

1.2   any terms disclosed and agreed to by you when purchasing In-App products or services offered on the App (collectively, this “Agreement”);

1.3    our Privacy Policy, Cookie Policy, Safety Tips, and Socialising Guidelines, each of which is incorporated by reference into this Agreement.

If you do not accept and agree to be bound by all the terms of this Agreement, please do not use the Service. If you object to any provision of these Terms of Use and/or the Privacy Policy (as applicable from time to time) you must immediately cancel your subscription and cease accessing and using the service.

Relationship of the Parties

No agency, partnership, joint venture, fiduciary or other special relationship or employment is created because of this Agreement, and a subscriber may not make any representations on behalf of or bind FUNA in any manner.


FUNA reserves the right to restrict, suspend or otherwise change any aspect of the Terms of Use, the App and the Services. FUNA may modify in whole or in part these Terms of Use at any time. But without limiting the generality of the forgoing, FUNA may modify:

  • the services offered In-Ap;
  • the way members participate on the App;
  • the contact guarantee;
  • the provisions relating to the termination and renewal of paid subscriptions, and
  • to the extent permitted by the applicable law, the price of the subscriptions or services.

FUNA may make changes to this Agreement, the App and to the Service from time to time to reflect on changes in or requirements of the law, new features, or changes in business practices. You are responsible for reviewing the latest Terms of Use and Privacy Statement regularly. The most recent version will apply in all instances. If any changes include material changes to the right/s or obligation/s of a subscriber, FUNA will notify a subscriber at least thirty [30] days in advance of the changes (unless FUNA is unable to do so under applicable law) by reasonable means, which could include notification through the App. Continued use of the Service after the changes became effective will be construed as an acceptance of the revised Agreement.


FUNA strives to improve the Service to subscribers by providing for engaging and additional useful in-App functionality. FUNA may from time to time add new product features or enhancements as well as remove features. If these actions do not materially affect the rights or obligations of a subscriber, FUNA is under no obligation to provide notice to a subscriber before affecting these change/s. FUNA may even suspend the Service entirely, in which event a subscriber will be notified in advance unless extenuating circumstances, such as safety or security threats, prevent FUNA from acting in the normal course of business. Notice of termination will be delivered In-App or via electronic mail.

Any free trial, promotion or free access to the Service must be utilized within the specified time of the trial or promotion. A subscriber may terminate their account at any time by deleting or uninstalling the App. By deleting your account with FUNA or deleting the App from your Android or Apple device, subscription to FUNA will not be terminated.

The subscriber will need to manage the subscription through the third-party account to avoid a continuation of billing.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must access your App Account (Android through Google Play Store or Apple through App Store or iTune Store with your Apple ID) and follow instructions to manage or cancel your subscription.

 If you subscribed by using your Apple ID, cancellation is handled by APPLE

To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your FUNA subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com

If you subscribed on Google Play, cancellation is handled by GOOGLE

To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Match subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com

 If you cancel a subscription, you may continue to use the cancelled App until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

FUNA may terminate any account at any time without notice in case of a subscriber violating the Agreement. Upon such termination, the subscriber will not be entitled to any refund for subscription.

 You agree to:

(i)              Comply with these Terms of Use, and check this page from time to time to ensure you are aware of any change;

(ii)            Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

(iii)           Use the latest version of the App;

(iv)           Treat other users in a courteous and respectful manner, both on and off the FUNA Services;

(v)            Be respectful when communicating with any of FUNA’S customer care representatives or other employees;

(vi)           Review the Safety Tips;

(vii)         Maintain a strong password and take reasonable measures to protect the security of your login information.


By agreeing to the Terms of Use, you consent to receive communications sent from or on behalf of FUNA regarding the Service, Content, and/or your rights and obligations under this Agreement. FUNA reserves the right to send electronic mail to their subscribers regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.


By downloading, registering on, and using the FUNA App, a subscriber represents and warrants the following –

  • You are at least 18 years of age or older;
  • You are legally qualified to enter a binding contract with FUNA and comply with all the Terms of Use;
  • You are a single person, or an unmarried person, separated from your spouse and not in a de facto (live together or like marriage) relationship;
  • You have a permanent address in South Africa;
  • You will ensure that all information provided is accurate. You acknowledge that it is your responsibility to keep your information updated and current;
  • You will only register one profile;
  • You will not resell or otherwise commercialize content or any other function or feature of the FUNA App;
  • You have not been banned from using the App or similar services;
  • You will comply with this Agreement and all applicable local, national and international laws, rules, and regulations;
  • You have never been convicted of a criminal offense (or crime of similar severity), a sex crime, or any crime involving violence;
  • You are not required to register as a sex offender with any province or sex offender registry.

Force Majeure (unforeseeable circumstances)

In any circumstances, actions or events beyond the reasonable control of FUNA, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, FUNA will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms of Use caused by a Force Majeure Event.

In the event of a Force Majeure Event that results in services interrupted for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.

Bride marriages on order / Marriage-matching

Under no circumstance whatsoever will FUNA be taken to, aid, procure or promote, or provide for “a bride on order” or marriage-matching services. You hereby warrant that you will not use the FUNA Service or the App for any purpose in breach of any legislation prohibiting these practices.


FUNA collects personal information about subscribers through registration and use of its services. This information will be handled in accordance with the Privacy Policy of FUNA. Your profile is used to connect you with other Members of the Service and will be visible to those Members.


No subscriber content may be copied or used for any purpose except as contemplated by these Terms of Use.

You have no rights in relation to subscriber content, and you may only use subscriber content to the extent that your use is consistent with the purpose of our Services of allowing use to communicate with and meet one another. You may not copy any subscriber content or use subscriber content for commercial purposes, to spam, to harass, or to make unlawful threats. FUNA reserves the right to terminate your account if you misuse subscriber content.

A subscriber agrees and acknowledges that information (as defined in the Privacy Policy of FUNA and which may include names, cell phone number/s, telephone number/s, email address, profile images, photographs, videos, audio recordings etc.) that a subscriber makes available on the Service will be treated as non-confidential and non-proprietary and FUNA may use such material/information available for other subscribers or users of the Service to read.

A subscriber must ensure that their access to the App and use of the Service is not illegal or prohibited by laws which apply to them. A subscriber is solely responsible for the legality of their actions under all applicable laws. 

Disputes with other members of the App

FUNA reserves the right but has no obligation to monitor disputes between subscribers. If you have a claim or action against another subscriber arising from that subscriber’s use of the Service, you agree to pursue such claim or action independently of and without any demands to FUNA and you release FUNA from all claims, liability and damages arising from or in any way connected to the claim or action.


By using the Service, a subscriber agrees NOT to:

  • use the Service for any purpose that is illegal or prohibited by this Agreement;
  • use the Service for any harmful or nefarious purpose;
  • use the Service to damage FUNA;
  • violate the Socialising Guidelines of FUNA as updated from time to time;
  • spam, solicit money from or defraud any subscriber/s;
  • impersonate any person or entity or post any images of another person without the permission of that person, depicts, describes, identifies or alludes to any person other than yourself;
  • bully, “stalk”, intimidate, assault, harass, mistreat, or defame any person;
  • post any Content that is abusive, obscene, profane, offensive, racially offensive, improper or violates or infringes upon the rights of anyone, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
  • post any Content of hate speech, threatening nature, sexually explicit or pornographic content;
  • post any Content that incites violence; contains nudity, graphic or gratuitous violence;
  • post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual/s;
  • solicit passwords for any purpose or personal identifying information for commercial or unlawful purposes from other subscribers or disseminate another person’s personal information without permission of that person;
  • use the account of another subscriber, share an account with another subscriber, or maintain more than one account;
  • create another account if FUNA has already terminated the account of a subscriber unless you have the permission from FUNA.

Accountability – You are solely responsible for your subscription and your interaction with other subscribers of the Service.

FUNA reserves the right to investigate and/or terminate, block, or suspend the account of a subscriber without a refund of any purchases if a subscriber has violated this Agreement, misused the Service, or behaved in a way that FUNA regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. Notice of termination will be delivered to the last email address provided by a subscriber to FUNA.


Although FUNA reserves the right to review and remove Content that violates this Agreement, it remains the sole responsibility of a subscriber to consider posting any Content. FUNA cannot guarantee that all Content will comply with this Agreement. If a subscriber observes Content on the Service that violates this Agreement, it can be reported within the Service or via the contact form of FUNA.


Although FUNA strives to encourage a respectful subscriber experience, FUNA cannot be held liable for the conduct of any subscriber on or off the Service. A subscriber agrees to use caution during all interactions with other subscribers, particularly when deciding to communicate off the Service or meeting in person. In addition, a subscriber agrees to review and follow FUNA’s Safety Tips prior to using the Service. A subscriber agrees not to provide any financial information (credit card or bank account information), or wire or otherwise send money to other subscribers. 

FUNA does not routinely undertake background checks, conduct criminal screenings of its users, or verify information provided. A subscriber is therefore solely responsible for their interactions with other subscribers. FUNA makes no representations or warranties as to the conduct or compatibility of any subscriber.

FUNA reserves the right to conduct investigations and background checks on all subscribers, to confirm that a subscriber is not in breach of any warranty and to determine whether any representation is false. The Company is allowed to conduct such investigation and the Company reserves the right to refuse and/or terminate any subscribership if a subscriber is in breach of any warranty of a representation of any subscriber that proves to be false or indecent.


  • Persons can only access FUNA by downloading the Application to their Android or Apple device/s and thereafter register as a subscriber to the Service. A subscriber remains responsible for maintaining the confidentiality of their FUNA login credentials and will solely be kept responsible for all activities performed under those credentials. If a subscriber has reason to believe that someone gained unauthorised access to their account, please contact us

8.1      You acknowledge that you use and access the FUNA Service at your own risk;

8.2      You alone are responsible for the information and content you submit to your subscription or to any other member of the App;

8.3      You warrant to FUNA that all content you submit to the subscription and Service are true and correct and relates to you personally. You acknowledge that FUNA has the right, but not the obligation, to verify the accuracy of your content if necessary;

8.4      You warrant that all Material and Ideas you transmit, post, or submit to FUNA are original to you, do not violate any law, and that you have obtained all necessary rights in and to such Material and Ideas and all their components (if applicable) to post, upload, or otherwise submit it to or through the App;

8.5      Your subscription is for personal use only and not for business or commercial purposes;

8.6      You warrant to FUNA that any content you submit to the App, including but not limited to photographs, text and software does not breach the intellectual property rights of any third party and you indemnify FUNA for any possible loss or damage suffered because of such warranty;

8.7      A subscriber must take adequate precaution to ensure that the process which they employ for accessing the FUNA App does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer system or devices. FUNA accepts no responsibility for any interference or damage to the computer system or devices of a subscriber which arises in connection with their use of the Service, the App, or any Linked App/s


9.1     Whilst FUNA will use its best endeavours to ensure that the App will be available 24 hours a day, it cannot guarantee that your access to the App will be error free or uninterrupted. In addition, your access may be suspended temporarily for maintenance to be performed or due to internet or system failure;

9.2      FUNA reserves the right, in its sole and absolute discretion to block or remove from its App any offensive or incorrect communication or information, and/or any communication or information brought to, or which comes to, its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights but FUNA has no obligation to review any communication or information provided by subscribers for inclusion on the App.


FUNA grants a subscriber a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App. This license is for the sole purpose of letting a subscriber use and enjoy the benefits of the App as intended by FUNA and permitted by this Agreement. Therefore, a subscriber agrees NOT to:

10.1   use the App or any content of the App for any commercial purposes without the written consent of FUNA;

10.2   copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, App marks, or other intellectual property, content, or proprietary information accessible through the App without obtaining the written consent of FUNA;

10.3   express or imply that any statements you make are endorsed by FUNA;

10.4   use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;

10.5   use the App in any way that could interfere with, disrupt, or negatively affect the App or the servers or networks connected to the App;

10.6   upload viruses or other malicious code or otherwise compromise the security of the App;

10.7   forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the App;

10.8   “frame” or “mirror” any part of the App without written authorization from FUNA;

10.9   use meta tags or code or other devices containing any reference to FUNA or the App (or any trademark, trade name, App mark, logo, or slogan of FUNA) to direct any person to any other App for any purpose;

10.10   modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the App, or cause others to do so;

10.11   use or develop any third-party applications that interact with the App or consent from other subscribers or information without written consent from FUNA;

10.12   use, access, or publish the FUNA application programming interface without written consent from FUNA;

  • probe, scan or test the vulnerability of our App or any system or network;

10.14  encourage or promote any activity that violates this Agreement.


FUNA may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including termination of the account of a subscriber.

Software provided by FUNA may automatically be downloaded, upgraded, or updated, or new features added. A subscriber may adjust automatic downloads through the settings on their device/s.


By registering on the FUNA App, you grant to FUNA a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you submit on the FUNA App as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the App or transmit to other members (collectively, “Content”). FUNA’s license to your Content shall be non-exclusive, except that FUNA’s license shall be exclusive with respect to derivative works created through use of the Service. For example, FUNA would have an exclusive license to screenshots of the Service that include your Content. In addition, so that FUNA can prevent the use of your Content outside of the Service, you authorize FUNA to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other FUNA members).

In consideration for FUNA allowing you to use the App, you agree that FUNA, affiliates of FUNA, and third-party partners of FUNA may place advertising on the APP. By submitting suggestions or feedback to FUNA regarding our Service, you agree that FUNA may use and share such feedback for any purpose without compensating you.

Please be informed that FUNA may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.


FUNA is only obtainable by downloading the FUNA App through Android (using a Google Play Store) or Apple (using the App Store or iTunes with your Apple ID). FUNA provides a free subscription for the first calendar month whereafter you will be billed monthly.

If your In-App Purchase includes an automatic renewing subscription, your In-App Account will continue to be periodically charged for the subscription until you cancel. The subscription will automatically continue for the price and period you agreed to when subscribing.

Third Party Apps

The App may contain advertisements and promotions offered by third parties and links (“Linked Apps”) to other Apps or resources. Those links are provided for convenience only and may not remain current or be maintained. FUNA is not responsible for the availability (or lack of availability), or the content or privacy practices associated with “Linked Apps” or resources. If a subscriber chooses to interact with third party made available through the App of FUNA, the terms of such a party will govern the relationship with the subscriber. FUNA is not responsible or liable for the terms or actions of any third parties.

The “Linked Apps” found on the FUNA App should not be construed as an endorsement, approval, or recommendation by the Company of the owners or operators of the “Linked Apps”, or of any information, graphics, materials, products, or Apps referred to or contained on “Linked Apps”, unless and to the extent stipulated to the contrary. FUNA recommends that you review the terms of use and privacy policy of a “Linked App” prior to making use of it.

Refunds – Refunds are handled by Google Play or Apple App Store and not by FUNA. To request a refund, the applicable platform must be accessed, and the refund must be requested from there. The refund policy is determined by the terms and conditions of either Google Play or Apple App Store.


You will have a free subscription to FUNA for the first calendar month whereafter you will be billed monthly. You can only access and utilise the FUNA App after registration. By law, a “Cooling-Off Period” is considered to be within 7 (seven) days of registration and therefore you will have surpassed the “Cooling-Off Period” already and will not have recourse thereto.


FUNA accepts no liability for any failure to comply with the Terms of Use where such failure is due to circumstances beyond the reasonable control of FUNA.

The language of this Agreement is English. Where FUNA has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.

FUNA provides an App on an “as is” and “as available” basis and to the extent permitted by applicable law. No warranties of any kind are granted, whether express, implied, statutory, or otherwise with respect to the App (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. FUNA does not represent or warrant that; (a) the App will be uninterrupted, secure or error free; (b) any defects or errors in the App will be corrected, or; (c) that any content or information you obtain on or through the App will be accurate.

Subscribers should make their own enquiries before acting or relying on any information or material which appears on the App. A subscriber acknowledges that any reliance upon any such material or information shall be at their own risk

FUNA takes no responsibility for any content that a subscriber or other subscribers or third-parties posts, sends or receives through the App. Material downloaded or otherwise obtained using the App is accessed at the discretion and risk of the individual.

FUNA do not accept any responsibility for any loss or damage, however caused (including through negligence), which a subscriber may directly or indirectly suffer in connection with their use of the App, the App or any “Linked Apps”, nor does FUNA accept any responsibility for any loss arising out of use of, or reliance on, information contained in or accessed through the App or the App.

FUNA does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with use of the App or the App or with any delay or inability to use the App or the App, or for any information, products and other Apps obtained through the App or the App in connection with “Linked Accounts”, or otherwise arising out of the use of the App, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage.


To the fullest extent permitted by applicable law, in no event will FUNA, its affiliates, employees, licensors or App providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

15.1  a subscriber’s access to or use of or inability to access or use the App;

15.2  the conduct or content of other subscribers or third parties on, though, or following use of the App; or

15.3  unauthorized access, use or alteration of a subscriber’s content, even if FUNA has been advised of the possibility of such damages. In no event will FUNA’s aggregate liability to a subscriber for all claims relating to the App.


You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless FUNA, our affiliates, our and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the App, your Content, or your breach of this Agreement.



For residents of South Africa, these Terms of Use, your use of the App, and all related matters shall be governed solely by the applicable laws of South Africa, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of South Africa in relation to all disputes arising from or related to this Agreement, your use of the App and any related matters.

Non-Waiver – FUNA’S failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.

Alternative Dispute Resolution – By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the App, all such disputes shall be Mediated before a certified Mediator. The report of the Mediator must be submitted to a civil court of competent jurisdiction should a dispute progress to litigation.


Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of the trademarks owned by the Company in reference to our activities, products, or Apps, you must include a statement attributing the trademark to the Company. You must not use our trademarks:

  • in or as the whole or part of your own trademarks;
  • in connection with activities, products or Apps which are not ours;
  • in a manner which may be confusing, misleading, or deceptive; or
  • in a manner that disparages us or our information, products, or App/s.

 19.   VENUE

Claims may be brought in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the App, or to your relationship with FUNA that for whatever reason are not submitted to Mediation as an Alternative Dispute Resolution will be litigated exclusively in the courts of South Africa. You and FUNA consent to the exercise of personal jurisdiction of courts in South Africa and waive any claim that such courts constitute an inconvenient forum.


This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, Socialising Guidelines, and any terms disclosed and agreed to by a subscriber when subscribing to the FUNA App, contains the entire agreement between a subscriber and FUNA regarding the use of the App.

A subscriber agrees that their FUNA account is non-transferable and all your rights to their account and its Content terminate upon the death of a subscriber.


If any provision in these Terms of Use is void, illegal or unenforceable or deemed to be invalid for any reason, it may be severed without affecting the enforceability of the other provisions, the remaining provisions will continue in full force without being impaired or invalidated in any way.



FUNA respects the intellectual property rights of others.

Any person who has reason to believe that their work has been copied and posted on the App in a manner that constitutes a copyright infringement may submit a complaint in writing and serve it to FUNA – See Point 23 for options to serve notices to FUNA.

If you contact FUNA regarding alleged copyright infringement, please be sure to include the following information:

22.1    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that is claimed to have been infringed;

22.3    a thorough description of the location (Site) of the material claimed to be infringed on the App (such description must be sufficient to enable FUNA to locate the alleged infringing material);

22.4    contact information of the claimant, including address, telephone number and email address and the identity of the copyright owner;

22.5  a written statement by the claimant in good faith of the belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

22.6  an affidavit by the claimant, made under penalty of perjury, that the above information included in the notice is accurate and that the claimant is the copyright owner or authorized to act on behalf of the copyright owner.



Any notice to be served on FUNA under these Terms of Use must be in writing and may be served:

23.1    BY HAND to Brandjam (Pty) Ltd. trading as FUNA with Head Office in South Africa at Karoo Square, 141 Lynnwood Road, The Willows, PRETORIA

23.2  BY EMAIL to info@brandjamdigital.com

The chosen domicilium citandi et executandi of FUNA is at Karoo Square, 141 Lynnwood Road, The Willows, PRETORIA, SOUTH AFRICA. 

Description of the Company:

Brandjam (Pty) Ltd. trading as FUNA

Registration Number: 000000000000

VAT Registration Number: 000000000000

23.3    A notice will be considered received by FUNA:

(i)   if hand delivered before 5.00 pm on a Business Day, otherwise on the next Business Day;

(ii)   if sent by registered post, on the tenth Business Day after posting; or

(iii)  if emailed, on the date recorded on the device from which you sent the email, unless you receive an automated message that the email has not been delivered and except that an email received by you after 5:00 pm or on a day that is not a Business Day will be deemed to be given on the next Business Day, or on the tenth Business Day after posting;

Notices to you:

(iv)  Any notice to be served on you under these Terms of Use must be in writing and may be served on you at the email address you provide with registration or use as your login email to the App or may be sent to you using any other contact information you have provided to FUNA.

(v)  A notice will be considered received by you on the date recorded on the device from which FUNA sends the email, unless FUNA receives an automated message that the email has not been delivered and except that an email received by you after 5:00 pm or on a day that is not a Business Day will be deemed to be given on the next Business Day, or on the tenth Business Day after posting.


In these Terms of Use, the following expressions have the corresponding meanings:

24.1    The terms “us”, “we”, the “Company” or “FUNA” refer to Brandjam (Pty) Ltd. trading as FUNA, at Karoo Square, 141 Lynnwood Road, The Willows, PRETORIA, SOUTH AFRICA;

24.2    “Business Day” means any day which is not a weekend or a public holiday in the place where a notice is to be received.

24.3  “Claim”means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future, or contingent;

24.4  “Commercialize”means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;

24.5 “Personal Data”means any information relating to an identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;

24.6    “Special Category Personal Data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union subscribership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;

24.7 “App” means this App which is owned and operated by FUNA;

24.8   “Paid Apps” means the facilities and Apps made available for fee-paying subscribers of the App holding a valid subscription;

24.9  “Privacy Statement” means the Company’s privacy policy which is available on the App;

24.10  “Terms of Use” means these Terms of Use as amended by FUNA from time to time, which form the Agreement between you and the Company;