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Terms of Use
Please read the following terms and conditions carefully
Acceptance of Conditions of Access
The following are the terms and conditions on which you may use this website (the "Site") and they become effective when you access the Site for the first time and constitute a binding agreement between you and Absa Capital, a Division of Absa Bank Limited, 1986/004794/06, or its co-subsidiaries or affiliates, (“AbCap”), as the case may be. The current version of these terms and conditions govern our respective rights and obligations each time the Site is accessed by you.
Use of Site
We may in our sole discretion terminate your access to or use of this Site for any reason, including without limitation where we believe that you have not acted in accordance with these terms and conditions.
Amendments to these terms and conditions
We may amend these terms and conditions from time to time. All amendments to the terms and conditions will be posted on the website. Unless otherwise stated, the current version of the terms and conditions will supersede and replace all previous versions of the terms and conditions.
Information on this Site
The information provided on this Site does not constitute an offer but may be treated as an invitation to do business.
We may provide information from time to time on trade information, interest and dividends payable, holding statements for securities, including those relating to the services of the bank. You are required to reconcile this information and obtain your own independent and specific professional advice before making any investment decisions.
You acknowledge that all calculations done through the use of software or calculators supplied on this Site, including the rates, are guidelines only and subject to final confirmation at the time of finalizing the transaction. Any pricing is indicative and does not, and is not intended to, constitute either an offer to buy or sell or a representation that a purchase or sale can be effected at that price. Past performance is not indicative of future results. All information regarding the product and services including information in respect of the terms and conditions, interest rates, pricing or any other matters are subject to change without notice.
Information feeds, Third Party Information and Sites
We may use the services of other third party organizations to provide information on this Site. We have no control over the third party information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any loss or damages that may arise from your reliance on it.
All quotes, news, market information or data shown on the Site by way of live information feeds are delayed by at least 15 minutes unless otherwise stated. You should always select the "refresh" or similar page update function on your Internet browser to ensure that the information you are viewing is the most current.
Where we provide hypertext links to third party internet web-sites, such links are not an endorsement by us of any products or services in such web-sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web-sites. We have not verified the truth or accuracy of any content of such web-sites.
No third party is permitted to link any other web-site to this Site without obtaining our prior written consent.
Services
This online service is subject to separate terms and conditions that are available from us.
In the event of conflict between these terms and conditions and those of the online service, the provisions of the service terms will apply.
No offer
Nothing on this Site should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction, or to provide any investment advice or service.
Privacy and security
We are committed to keeping your information confidential and secure. Please read our Privacy Policy, the terms of which are incorporated into these terms and conditions and the information in our Security Policy.
No warranty
We do not represent, recommend or propose that the products and services referred to on this Site are appropriate and/or suitable for your particular investment objectives or financial situation or needs. All the risks and issues related to the products and services are not disclosed and therefore, prior to investing or transacting, you should fully understand the products and services and any risks and issues related to or associated with them. The products and services may involve a high degree of risk including, but not limited to, the risk of (a) low or no investment returns, (b) capital loss, (c) counterparty or issuer default, (d) adverse or unanticipated financial market fluctuations, (e) inflation and (f) currency exchange. The value of any product may fluctuate daily as a result of these risks. We do not predict actual results, performances and/or financial returns and no assurances, warranties or guarantees are given in this regard.
Although we have taken all reasonable care to ensure that the information provided on this Site is accurate, we give no warranties of any kind in that regard.
ALL CONTENT AND THE SITE ITSELF ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ABCAP MAKES NO REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS OR IMPLIED) AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR FREEDOM FROM COMPUTER VIRUS.
Opinions and any other content on the Site are provided by us for personal use and informational purposes only and are subject to change without notice.
Nothing contained on the Site constitutes (i) “advice” as defined and/or contemplated in Financial Advisory and Intermediary Services Act, 37 of 2002, (“FAIS Act”) or (ii) any other financial, investment, trading, tax, legal, accounting, retirement, actuarial or other professional advice or service whatsoever (“advice”) and the information contained on the Site is not to be relied on in making an investment or other decision. You should obtain your own independent and specific professional advice before making any investment decision.
No liability
Neither AbCap nor any affiliate, nor any of their respective officers, agents or employees (in whose favour this constitutes a stipulation behalf of another) will accept any liability in any event, including (without limitation) negligence, for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Site.
We disclaim any liability for any direct, indirect or consequential damage or losses that you may suffer from using or relying on the information on this Site even if notified of the possibility of such damage or loss and irrespective of whether or not you have obtained independent advice.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.
Email communications
Please do not send confidential information over the Internet. Information is sent at your own personal risk. Internet communications may not be secure.
We recommend that you do not send confidential information to us over the Internet unless it is sent by way of a secure method of transmission using appropriate encryption technology. AbCap does not accept any liability for any loss or damage suffered as a result of confidential information sent to us over the Internet.
Monitoring of Communications
You expressly give your consent for us to monitor your internet and e-mail traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and:
- to maintain the integrity and security of our website and information technology systems;
- to investigate and detect any unauthorised use of our website and information technology systems; and
- as an inherent part of and to secure the effective operation of our website and information technology systems.
Intellectual Property
We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the Site.
The logos and trademarks shown on this Site are our registered and unregistered trademarks or that of third parties. Nothing on this Site should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property and you should obtain the consent of the relevant third parties to use such third parties’ intellectual property.
Copyright
The entire content of this Site is subject to copyright with all rights reserved and the information held is for your own personal use only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material. The information and software on this Site may not be taken out of context or presented in an unfair, misleading or discriminating manner. You agree not to remove any copyright notice or other notice signifying AbCap or any third party’s intellectual property rights. Except as expressly provided herein, nothing contained on this Site shall be deemed or construed to confer any license or right, expressly, by implication, estoppel or otherwise, under any of AbCap’s intellectual property rights.
Copyright Absa Bank Limited, 2009 (all rights reserved).
Governing law
These terms and conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions and you agree that the South African Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this Site and these terms and conditions.
General Provisions
The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms and conditions.
Where any dates or times need to be calculated in terms of the terms and conditions, the international standard time: GMT plus two hours shall be used.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of these terms and conditions or prejudice our right to take subsequent action against you.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable, the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
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