Terms of Use
These Terms of Use apply to www.africabx.co.za as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the “Aficabx Website”) and apply to all visitors. These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the Africabx Website. By accessing the Africabx Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country.
These Terms of Use as well as the information and material contained in the Africabx Website are subject to change at any time and from time to time, without notice. Africabx may add features to or remove features from the Africabx Website at any time and from time to time in our sole discretion. Continued access to the Africabx Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.
If you do not agree to be bound by these Terms of Use, do not use the Africabx Website.
Access Subject to Local Restrictions
The Africabx Website and all information and functionalities contained within them are not directed at or intended for use by an person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of Africabx and such licenses or authorizations have not been obtained.
Products and Services
Products and services displayed on the Africabx Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable term and conditions such as sales restrictions or key specific notes for further information.
Any materials, information or reports published, distributed or otherwise made available on the Africabx Website is published for information purposes and is subject to change at any time without notice. They have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any securities, investment or other financial instruments, to effect any transactions or to conclude any legal act of any kind whatsoever. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of Africabx as a result of using different assumptions and criteria. Africabx is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the Africabx Website or to expressly mark it as being outdated.
No Warranty
Your use of the Africabx Website is at your own risk. The Africabx Website, together with all content, information and materials contained therein, is provided “as is” and “as available” “, without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the Africabx Website is done at your own risk and Africabx is not responsible for any damage to your computer systems or loss of data that results from the download of such material. Africabx and its affiliates expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the Africabx Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Africabx does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the Africabx Website or the information or results obtained from use of the Africabx Website, or that the Africabx Website will be available at all times, or is virus-free or error-free.
No Liability
To the fullest extent permitted by law, in no event shall Africabx or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Africabx Website, or any links to third party websites.
You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the Africabx Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). Africabx specifically disclaims all liability for any tampering with any user’s computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.
In no event will Africabx or our affiliates, or any of our officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the Africabx Website, its content, or the inability to use the Africabx Website.
This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
Links
The Africabx Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. Africabx has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. Africabx shall have no liability for third party content or websites or websites linking to or framing the Africabx Website.
Social Bookmarks
The Africabx Website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected Africabx web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by Africabx and Africabx shall not be responsible or liable for such. Persons who share Africabx communications via social bookmarks are not authorized to speak for or represent Africabx and their views and opinions must be regarded as strictly their own and not Africabx. In addition, the provisions in these Terms of Use relating to Links also apply to social bookmarks.
Intelectual Property Rights
Africabx, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the Africabx Website. Individual pages and/or sections of the Africabx Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Africabx Website for commercial or public purposes, without the prior written permission of Africabx. Systematic retrieval of content from the Africabx Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Africabx Website without the prior written permission from Africabx is strictly prohibited.
The key symbol and Africabx are among the registered and unregistered trademarks of Africabx. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of Africabx for any purpose without the prior written permission of Africabx.
Electronic Communication
The Internet is a universally accessible medium. Ordinary e-mail messages sent over the Internet are neither confidential nor secure. They may be easily accessible by third parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (e-mails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender’s address or of the e-mail’s (or attachment’s) content (e.g. changing the sender’s address(es) or details); (c) system outages and other transmission errors, which can cause e-mails and their attachments to be delayed, mutilated, misrouted and deleted; (d) viruses, worms, Trojan horses etc. may be spread undetected by third parties and may cause considerable damage; and (e) interception by third parties.
Africabx shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to Africabx using ordinary E-mail or any other electronic messaging system.
Please see our E-Mail Disclaimer for more information about our e-mail practices and policy.
Privacy Statement
Africabx has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the Africabx Website and used. The Privacy Statement is part of these Terms of Use and is incorporated herein by reference.
Severability Clause
To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.
Conflict with additional terms
Certain web pages or areas on the Africabx Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.