Terms and Conditions

Effective Date: April 2025

  1. Introduction

Welcome to www.flowtrack.co.za. These Terms and Conditions govern your access to and use of this website and any services, resources, downloads, communications, or related offerings made available through it.

By accessing or using this website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use this website.

  1. Website Owner Details

This website is owned and operated by Flowtrack.

Business name: Flowtrack
Registration number: 2025/324322/07
Email address: info@flowtrack.co.za
Telephone: +27 72 803 3175
Location: Johannesburg, South Africa
Website: www.flowtrack.co.za

  1. Nature of Website and Services

Flowtrack provides project management support services, coordination support, contract administration support, project recovery support, practical resources, books, tools, templates, and related business content for the construction and engineering sector.

All information presented on this website is provided for general business and informational purposes unless expressly stated otherwise in a written proposal, quotation, service agreement, or signed contract.

  1. Acceptance of Terms

By using this website, submitting an enquiry, purchasing a product, downloading a resource, or engaging Flowtrack for services, you confirm that:

you are legally capable of entering into a binding agreement,
the information you provide is true and accurate,
you will use this website only for lawful purposes,
you will not misuse the website, its content, or any services offered through it.

  1. Changes to These Terms

Flowtrack may update these Terms and Conditions from time to time without prior notice. The latest version published on this website will apply from the date of publication. Your continued use of the website after any changes are published constitutes your acceptance of the revised Terms and Conditions.

  1. Use of the Website

You agree not to:

use the website in any way that is unlawful, fraudulent, harmful, or abusive,
copy, reproduce, republish, upload, post, transmit, or distribute website content without prior written permission, except where personal non-commercial use is clearly allowed,
attempt to gain unauthorised access to any part of the website, server, systems, or databases,
introduce viruses, malicious code, bots, scraping tools, or any technology that may damage or disrupt the website,
misrepresent your identity or submit false information through any contact, enquiry, or order form.

  1. No Professional Reliance Without Formal Appointment

Unless Flowtrack has been formally appointed in writing, no content on this website constitutes project-specific professional advice, contractual advice, engineering certification, legal advice, or guaranteed project outcomes.

You remain responsible for obtaining independent professional, technical, legal, financial, and contractual advice appropriate to your project, transaction, or business decisions.

  1. Quotations, Proposals, and Scope of Work

Any quotation, proposal, estimate, scope of work, service offering, timeline, or fee indication provided by Flowtrack is subject to written acceptance and may also be subject to:

confirmation of scope,
availability,
site or project information provided by the client,
changes in assumptions, timing, deliverables, or third-party inputs.

No quotation or proposal is binding until accepted in writing by both parties, where applicable, together with any deposit or other requirements stated in the proposal.

  1. Client Responsibilities

Where Flowtrack provides services, the client agrees to:

provide accurate and complete information,
provide required drawings, records, contracts, specifications, correspondence, and project data timeously,
review deliverables within a reasonable time,
make decisions and approvals when required,
pay agreed fees in accordance with the agreed terms.

Flowtrack is not liable for delays, errors, or losses arising from incomplete, inaccurate, late, or withheld information supplied by the client or third parties.

  1. Digital Products, Resources, and Downloads

Where this website offers digital products, templates, guides, books, tools, or downloadable resources:

all purchases are for the licensed use of the purchaser only, unless otherwise stated in writing,
you may not resell, redistribute, share, reproduce, or commercially exploit the material without prior written permission,
all intellectual property rights remain vested in Flowtrack or its licensors,
downloads are provided subject to successful payment where payment is required.

Flowtrack may update, replace, withdraw, or discontinue any digital product or resource at any time.

  1. Payment Terms

Where services or paid products are offered, payment terms will be stated on the website, in a quotation, invoice, proposal, checkout page, or separate written agreement.

Unless otherwise agreed in writing:

fees are stated in South African Rand,
payment must be made using the approved payment method or bank account specified by Flowtrack,
Flowtrack may suspend work, withhold deliverables, or disable access to paid resources where payment is overdue,
interest or collection costs may apply to overdue amounts to the extent permitted by law.

  1. Refunds and Returns

Any refunds, returns, cancellations, or exchanges will be governed by the separate Refunds and Returns Policy published on this website, read together with any applicable South African consumer protection laws.

If no separate policy applies to a specific service or digital product, then:

digital products that have already been accessed, downloaded, or delivered may be non-refundable unless required by law,
service fees for work already performed are non-refundable,
approved refunds, where applicable, will be processed using a reasonable method and timeframe.

  1. Intellectual Property

All website content, including text, branding, logos, graphics, layouts, downloads, documents, templates, tools, frameworks, books, designs, and other materials, is owned by or licensed to Flowtrack unless otherwise stated.

You may not copy, modify, distribute, publish, sell, license, create derivative works from, or exploit any website content without prior written consent from Flowtrack.

Nothing in these Terms transfers any intellectual property rights to you.

  1. User Submissions

Where you submit information, enquiries, documents, comments, feedback, or project information to Flowtrack, you confirm that:

you are entitled to provide that material,
the material does not infringe any third-party rights,
the material is not unlawful, defamatory, malicious, or misleading.

You grant Flowtrack the right to use the submitted information for the purpose of responding to your enquiry, delivering services, administering the relationship, and fulfilling legal or operational requirements.

  1. Privacy and Personal Information

Flowtrack processes personal information in accordance with its Privacy Policy and POPIA policy, as applicable.

By using this website or submitting your information, you consent to the collection, processing, storage, and use of your personal information for legitimate business purposes, including:

responding to enquiries,
providing services,
processing purchases,
communicating regarding products or services you requested,
recordkeeping, legal compliance, and internal administration.

Flowtrack will take reasonable steps to protect personal information, but you acknowledge that no method of internet transmission or electronic storage is completely secure.

  1. Marketing Communications

Where you provide your contact details, Flowtrack may contact you regarding your enquiry, purchased products, service delivery, administrative matters, and, where permitted by law, relevant updates or marketing communications.

You may opt out of non-essential marketing communications at any time by using the unsubscribe option or by contacting info@flowtrack.co.za.

  1. Third-Party Links and Tools

This website may contain links to third-party websites, payment providers, software platforms, booksellers, tools, or resources for convenience only.

Flowtrack does not control and is not responsible for the content, security, functionality, terms, privacy practices, or availability of third-party websites or services. Your use of third-party platforms is at your own risk.

  1. Website Availability

Flowtrack does not guarantee that the website will always be available, uninterrupted, error-free, secure, or free from defects.

Flowtrack may suspend, withdraw, modify, or restrict all or any part of the website for maintenance, business, technical, legal, or operational reasons without liability.

  1. Disclaimers

This website and its content are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Flowtrack makes no warranties or representations, express or implied, regarding:

the accuracy, completeness, or suitability of website content,
the uninterrupted or error-free operation of the website,
the availability of any service, product, or feature,
the fitness of any template, tool, guide, or document for your specific use.

You use this website and any downloaded material at your own risk.

  1. Limitation of Liability

To the fullest extent permitted by law, Flowtrack and its owners, employees, contractors, affiliates, and service providers will not be liable for any direct, indirect, incidental, special, consequential, or economic loss, including loss of profit, revenue, data, contracts, goodwill, productivity, or opportunity, arising from:

your use of or inability to use the website,
reliance on website content,
delays, interruptions, errors, or website unavailability,
use of third-party links or services,
purchases, downloads, or use of any resource, template, or guide,
any project, commercial, contractual, or operational decisions taken by you.

Where liability cannot lawfully be excluded, it will be limited to the amount actually paid by you to Flowtrack for the specific product or service giving rise to the claim.

  1. Indemnity

You agree to indemnify and hold harmless Flowtrack, its owners, employees, contractors, and service providers from any claims, damages, losses, liabilities, costs, or expenses arising from:

your breach of these Terms and Conditions,
your unlawful or improper use of the website,
your infringement of any intellectual property or other rights,
any information or material you submit to Flowtrack.

  1. Breach and Termination

Flowtrack may suspend or terminate your access to the website, services, downloads, or accounts, without notice, if you breach these Terms and Conditions or if Flowtrack reasonably believes your conduct is unlawful, harmful, fraudulent, abusive, or commercially prejudicial.

Termination does not affect any rights, obligations, payments due, intellectual property protections, or liability provisions that by nature continue after termination.

  1. Complaints and Dispute Resolution

If you have a complaint, you must first submit it in writing to info@flowtrack.co.za with full details.

The parties will attempt to resolve disputes in good faith before instituting formal proceedings.

Nothing in these Terms limits any rights you may have under applicable South African law.

  1. Governing Law and Jurisdiction

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

Any dispute arising from or related to these Terms and Conditions, the website, or any related products or services will be subject to the jurisdiction of the South African courts, unless another forum is required by law or agreed in writing between the parties.

  1. Severability

If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.

  1. Entire Agreement

These Terms and Conditions, together with any applicable Privacy Policy, POPIA Policy, Refunds and Returns Policy, proposal, quotation, invoice, or signed agreement, form the entire agreement between you and Flowtrack regarding your use of the website and any related transactions, except where a separate written contract expressly overrides these Terms.

  1. Contact Details

For any questions regarding these Terms and Conditions, please contact:

Flowtrack
Email: info@flowtrack.co.za
Phone: +27 72 803 3175
Website: www.flowtrack.co.za
Location: Johannesburg, South Africa

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