INTRODUCTION
These Terms cover the use of this Website,
including any other marketing material of InvestOnline. By visiting and using
this Website, the you accept and agree to these Terms. The commercial terms of
any transaction between InvestOnline and the Client relating to the Service will
be contained in the ToS that will incorporate these Terms.
DEFINITIONS
AND INTERPRETATION
Definitions. For purposes of these Terms:
“the Client” or “you”
means any person who visits or uses this Website;
“Terms" means these Website terms, consisting of:
1. these website terms; and
2. any other relevant specific terms, policies, disclaimers, rules and
notices agreed between the parties, (including the ToS);
“ToS " means the
Terms of Service which govern the terms of the Service.
Definitions in the ToS. Words
defined (or assigned a meaning) in the ToS will have that meaning in these Terms,
unless the context clearly indicates otherwise.
Interpretation. A
word defined or assigned a meaning in these Terms will start with a capital
letter. All headings are inserted for reference purposes
only and must not affect the interpretation of these Terms. Whenever “including”
or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term,
they will not limit its ambit. Terms other than
those defined within these Terms will be given their plain English meaning. References
to any enactment will be deemed to include references to the enactment as re-enacted,
amended, or extended from time to time. A reference
to a person includes a natural and juristic person and a reference to either party
includes the party’s successors or permitted assigns. Unless otherwise stated in these Terms, when any number of
days is prescribed in these Terms the first day will be excluded and the last
day included. The rule of construction that an
agreement must be interpreted against the party responsible for its drafting or
preparation does not apply. GMT +2 will be used to calculate any times.
Conflict. If there is
a conflict of meaning between these Terms and the ToS, the ToS will prevail.
TERM
These Terms commence when you first make
use of the Website as determined by our log files.
USE OF THIS WEB SITE
License to use this Website. InvestOnline grants each the Client a limited, revocable license
to use this Website subject to these Terms. Any
person wishing to use this Website contrary to these Terms must obtain InvestOnline’s
prior written consent.
Framing. No person,
business, or Website may frame this Website or any of the pages on this Website.
Linking. The Client
may link to the Website only by linking to the home page of this Website. InvestOnline
prohibits the Client from “deep linking”
to any other pages in a manner that would incorrectly suggest endorsement or
support of the Client by InvestOnline or suggests the Client is the owner of
any intellectual property belonging to InvestOnline.
Spiders and Crawlers.
No person, business, or Website may use any technology (including spiders or
crawlers) to search and gain any information from this Website.
MODIFY
InvestOnline may modify, suspend, or
discontinue providing this Website or the Service (with or without notice) and
will not be liable.
INTELLECTUAL PROPERTY
Ownership. Except as provided to the contrary in these Terms, all right,
title, interest, and ownership (including all rights under all copyright,
patent, and other intellectual property laws) in, to or of this Website are the
sole property of or will vest in InvestOnline or a third party licensor.< All moral rights are reserved.
Trademarks. InvestOnline’s logo and sub-logos, marks, and trade names are the
trademarks of InvestOnline and no person may use them without permission. Any
other trademark or trade name that may appear on this Website or other
marketing material of InvestOnline is the property of its respective owner.
Restrictions. Except as expressly permitted under these Terms, this Website may
not be:
1. modified, distributed, or used to make derivative works;
2. rented, leased, loaned, sold or assigned;
3. decompiled, reverse engineered, or copied; or
4. reproduced, transferred, or distributed.
Prosecution. All violations of proprietary rights or these Terms will be
prosecuted to the fullest extent permissible under applicable law.
DISCLAIMER OF WARRANTIES
Disclaimer. Use of
this Website is at the sole responsibility and risk of the Client. This Website
is provided on an “as is” and “as available” basis. Except for the
warranties given in these Terms, InvestOnline expressly disclaims all
representations, warranties, or conditions of any kind, whether express or
implied, including any implied warranties or conditions of satisfactory
quality, no latent defects, merchantability, fitness for a particular purpose,
accuracy, system integration, quiet enjoyment, title, and non-infringement.
InvestOnline does not warrant that this Website
will meet the requirements of the Client or be uninterrupted, be legally effective
or complete, timely, secure, error-free or free from infection by malicious
software. Each the Client should keep up-to-date security software on the
systems used to access this Website.
INDEMNITY
The Client agrees to indemnify, defend, and
hold harmless InvestOnline (and its subsidiaries, Affiliates, officers, agents,
co-branders or other partners, and employees) from and against any claim,
demand, loss, damage, cost, or liability (including reasonable attorneys' fees)
arising out of or relating to its use of this Website.
LIMITATION OF LIABILITY
Correct faults. InvestOnline will
correct any fault in this Website where possible and as soon as reasonably
practical and this is its entire liability regarding any fault in the Website.< If this clause is held inapplicable or unenforceable, then the
following clause will apply.
Direct damages limited. To the extent permitted by applicable law, regardless of the form
(whether in contract, tort, or any other legal theory) in which any legal
action may be brought, InvestOnline’s maximum liability to the Client for
direct damages for anything giving rise to any legal action will be R500.00.
Indirect damages excluded. To the extent permitted by applicable law, in no event will InvestOnline
(or its personnel) be liable for any indirect, incidental, special or
consequential damages or losses (whether foreseeable or unforeseeable) of any
kind (including loss of profits, loss of goodwill, damages relating to lost or
damaged data or software, loss of use, damages relating to downtime or costs of
substitute products) arising from these Terms.
Other Website, goods, or services. InvestOnline is not liable for any
other website, goods, or service provided by any third party.
TERMINATION
Breach. If the Client:
1. commits a breach of these Terms;
2. repeatedly infringes the copyrights or other rights of others;
the Client agrees that InvestOnline may, to
the extent permitted by applicable law and without prejudice to its rights in these
Terms or in law, terminate access to or use of the Website, claim specific
performance of these Terms, or cancel these Terms immediately on written notice
and claim damages from the Client.
Effects of termination. On the deactivation or deletion of the Client’s account, these
Terms will terminate and access rights will immediately cease to exist.
DISPUTES
Forum. Any claims by InvestOnline against the Client for injunctive or
equitable relief or regarding intellectual property rights may be brought in
any competent court having jurisdiction in the Republic of South Africa. The
parties will, in the first instance, refer any other dispute arising between InvestOnline
and the Client to the Client Relationship Department of InvestOnline, which
will use its best endeavours to resolve the dispute. If the parties are unable
to resolve a dispute, the dispute will be finally resolved by expedited arbitration
in accordance with the dispute resolution procedures and rules [insert
hyperlink - http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf] of the
Arbitration Foundation of Southern Africa in Cape Town in English.
CIRCUMSTANCES BEYOND CONTROL
No party will be responsible for any breach
of these Terms caused by circumstances beyond its control, including any
breakdown or failure of power supply, the Internet, any telecommunications
systems, or any computer hardware or software.
CESSION AND ASSIGNMENT
No the Client may delegate its duties under
these Terms or assign its rights under these Terms, in whole or in part. InvestOnline
may assign these Terms to any successor or purchaser of its business or some of
its assets.
GENERAL
Entire Agreement. The Agreement constitutes
the entire agreement between the parties in respect of the subject matter of these
Terms.
Changes. The Agreement may be changed at any time by InvestOnline and
where this affects the rights and obligations of the Client, InvestOnline will
notify the Client of any changes by placing a notice in a prominent place on this
Website (or by email). If the Client does not agree with the change the Client
should stop using this Website. If the Client continues to use this Website
following notification of a change to these Terms, the changed terms will apply
to the Client.
Fact related to Website. A
certificate, signed by an administrator of this Website, of any fact related to this Website (including the version of the Terms
or ToS or dispute and what content was published or functionality was available
on the Website at a specific point in time) will be conclusive irrefutable
proof of the correctness of the certificate’s contents.
Waiver. No granting of time or forbearance will be, or be deemed to be, a
waiver of these Terms and no waiver of any breach will operate as a waiver of
any continuing or subsequent breach.
Severability. If any term is void, unenforceable, or illegal, the term will be
severed and the remainder of these Terms will have full force and effect,
provided the severance does not alter the nature of these Terms.
Governing Law and jurisdiction. The Agreement is governed by and must be interpreted under the
laws of the Republic of South Africa and the Client agrees to submit to the
exclusive jurisdiction of the South African courts.
© Copyright 2007-2010
Lematics (Pty) Ltd. All rights reserved. An on-demand legal solution
provided by Michalsons (www.Michalsons.com)
