1.
Terms of Use and Disclaimer
1.1
The contents of this site have been prepared from resources
believed reliable by Profile Group (Pty) Ltd.
("Profile") and its operating subsidiaries (including but not
necessarily limited to "Profile Media" and "ProfileData")
and associates, but we do not guarantee its accuracy or completeness.
1.2
By utilising any service on this site you the user agree
that you have reviewed the site in its entirety, that you have accepted the
terms and conditions applicable to the site, including all legal and regulatory
terms, and are conversant with and understand both the terms of this site and
the applicable local legislation and regulations.
1.3
Whilst every care has been taken in compiling this
information, no representation or warranties are given about, and no liability
or responsibility is accepted for, the truth, accuracy or completeness, either
express or implied, of any information, data or opinion supplied via this
service. Information is changed regularly without notice, and could contain technical
inaccuracies or typographical errors.
1.4
Users who access and utilise this site do so on their own
initiative and on their own risk, and are responsible for their own compliance
with applicable local laws and regulations. All information, opinions and
estimates may be changed at any time without notice. Users must seek
professional advice prior to taking any action based on the contents of the
site. Profile Group (Pty) Ltd. does not
represent that information and materials on this site are appropriate for use
in all jurisdictions available on the world wide web or Internet, or that
transactions, products, or services on this site, are available or appropriate
for sale or use in all the jurisdictions or by all users or potential users.
1.5
Profile Group (Pty) Ltd., its
associates, subsidiaries and content providers, disclaim all liability for any
loss, damage, injury or expense, however caused, arising from any use of or
reliance upon, in any manner whatsoever, the information provided through this
service. The company and its officers, directors, partners and employees,
including persons involved in the preparation or issuance of site contents, may
from time to time deal in or hold securities, or derivatives thereof, about
which information is supplied via this service.
1.6
The information available via this service is provided to
you for information purposes only and should not be construed as part of an
offer or solicitation to buy or sell any securities or derivatives, nor should
it be construed as investment advice.
1.7
Save for specific exceptions in the case of subscribers (see
below), you may only use the data retrieved from our services for your own
personal and non-commercial purposes.
Except as permitted by the site's functionality, you may not copy,
distribute or redistribute the data, including by caching, framing, pop-ups or
any other means, or sell, resell, re-transmit or otherwise make the data
retrieved from our services available in any manner to any third party. You may
not create hyperlinks to our internet pages to avoid fees that would otherwise
be payable to us for our data or web services.
1.8
You hereby indemnify Profile Group
(Pty) Ltd. and/or its subsidiaries, associates and content providers
against any demand, claim or action against the company relating to or in
connection with any use of the information, data, or opinion supplied, whether
such demand, claim or action arises directly or indirectly.
2.
Conditions of
Subscription
2.1
A Subscriber to FundsData Online is defined as any
individual with access to the password-protected pages of the site. As a
Subscriber you agree to the full Terms of Use for this site and in addition to
these Conditions of Subscription.
2.2
A subscription is provided to an individual or company.
Subscription rights cannot be transferred, sold or rented to another individual
or company.
2.3
Each login and password is provided for the exclusive use of
a single individual for use on a single workstation per login. The Subscriber
undertakes that each login shall be used by one individual on one computer,
workstation or device at a time, and further undertakes not to disclose login
details to other persons.
2.4
As a subscriber, you may email PDFs of pages, as permitted
within the site; print reports; and export data for purposes of analysis or reporting. You may not redistribute the data or sell or
resell any part of the data.
2.5
ProfileData can cancel or suspend subscriber login or logins
without notice in the event of failure by the Subscriber to make payment for
the subscription or if the Subscriber is in breach of any part of the Terms of
Use and Conditions of Subscription.
2.6
Subscribers paying by monthly debit order must subscribe for
a minimum initial term of twelve months. Thereafter the subscription continues
indefinitely until a calendar month's notice of termination in writing is given
by either the subscriber or ProfileData.
2.7
ProfileData shall not be liable to the Subscriber for any
failure by the Subscriber to access the website as a result of a failure of the
Subscriber's equipment or events affecting access to the internet generally
(which prevent or delay the Subscriber accessing the website).
2.8
The Subscriber acknowledges that the use and interpretation
of the website requires skill and judgement. The Subscriber shall at all times
exercise its own skill and judgement in the use and interpretation of the
website and shall be solely responsible for the purposes for which it is used
and for all opinions, recommendations, forecasts and other comments made or
action taken by the Subscriber based wholly or partly on the website.
ProfileData shall not be liable for any losses suffered by the Subscriber or
any third party as a result of its use or reliance on the website.
2.9
The Subscriber agrees to indemnify and to render ProfileData
harmless from and against any and all losses, damages and costs suffered or
incurred by ProfileData howsoever arising out of or in connection with the
Subscriber's use of the website or howsoever arising in relation to any breach
of this Agreement. ProfileData shall not be liable to the Subscriber, in
contract, tort or otherwise, for any loss of profits, business or anticipated
savings, or for indirect or consequential loss, however caused or arising.
ProfileData's liability shall be limited to the subscription charges paid by
the Subscriber in any one calendar year.
3.
Copyright
3.1
Copyright in all information supplied via this service,
unless otherwise stated, is owned by Profile Group
(Pty) Ltd. and/or its subsidiaries, and is protected by both national and
international intellectual property laws. Accordingly, any unauthorised
copying, reproduction, retransmission, distribution, dissemination, sale,
publication, broadcast or other circulation or exploitation of this material
will constitute an infringement of that copyright. No part of the information
supplied via this service may be reproduced or transmitted in any form or by
any means, electronic or mechanical, without permission in writing from Profile Group (Pty) Ltd.
3.2
Certain data accessible on our services is the intellectual
property of the relevant news and information services provider or third
parties that provide such data to the relevant service provider, or us. The
data is protected by copyright and other intellectual laws and all ownership
rights remain with the information service provider or the third party or us,
as the case may be.
4.
Jurisdiction
4.1
These terms and conditions shall be governed by and
construed in accordance with the laws of the Republic of South Africa without
giving effect to any principles of conflict of law. You hereby consent to the
exclusive jurisdiction of the High Court of South Africa in respect of any
disputes arising in connection with the services referred to herein, or these
terms and conditions or any matter related to or in connection therewith.
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