Conditions of Access
African Alliance Advisory (Proprietary) Limited ("African Alliance"), registration number 2002/030821/07, authorised financial services provider, maintains this website (the "Site") and the services made available thereon ("Services").
TERMS AND CONDITIONS
By utilising the Services 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 Services, including all legal and regulatory terms and are conversant with and understand such terms and conditions and the applicable local legislation and regulations.
From time to time, the Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment (hardware) malfunctions; (b) software malfunctions; (c) periodic maintenance procedures or repairs which African Alliance and/or its third party service providers may undertake from time to time; or (d) causes beyond the reasonable control of African Alliance and/or its third party service providers which causes are not reasonably foreseeable by African Alliance and/or its third party service providers.
African Alliance reserves the right at any time to change or discontinue any aspect, service or feature of this Site and/or Services without notice.
All Services are subject, in addition to these terms and conditions ("Online Terms"), to the requisite terms and conditions of African Alliance in respect of each service.
African Alliance may amend these Online Terms from time to time. By accessing this Site you are bound to the version of the Online Terms published here at the time of any visit to this Site. You agree to view the current version each time you access the Site.
You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms.
INTELLECTUAL PROPERTY RIGHTS
Copyright subsists in this Site and the unauthorised copying, reproduction, distribution, dissemination, sale, publication or other use of this material and the trade marks, logos or service marks (whether registered or not) of African Alliance shall constitute an infringement of the relevant intellectual property laws.
NO OFFER
Any indicative terms provided on this Site are provided for the users information and do not constitute an offer, a solicitation of an offer, invitation to acquire any security or to enter into any agreement, or any advice or recommendation to conclude any transaction (whether on the indicative terms or otherwise) and must not be deemed as such.
AUTHORITY
The user authorises African Alliance to act on any instruction purporting to emanate from the user whether in written, electronic or any other format. African Alliance will not be required to authenticate any instruction and African Alliance shall not be held liable as a result of the unauthorised use of the user's account and/or password, the users password must be kept secret and secure by the user at all times.
African Alliance will use its reasonable endeavours to carry out all instructions received from the user through the Site. However, the user shall not hold African Alliance liable for, and hereby indemnifies African Alliance against, any claim arising from the late or delayed processing of the user's instructions, the user agreeing that any such instruction issued through this Site is solely at the user's risk.
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.
African Alliance reserves the right to reject, in its sole discretion, any application for services contained on this Site. The user acknowledges that a credit risk enquiry may be undertaken by African Alliance and the user hereby grants its consent thereto.
THIRD PARTY RELIANCE
African Alliance is reliant in certain circumstances on services provided by third parties over which African Alliance has no control. The user agrees that it will not hold African Alliance liable for any loss whatsoever, howsoever caused, occasioned through the use of the Services on the Site, the user making use of this Site at its sole risk. African Alliance may also use the services of other organisations to provide information on the Site. African Alliance has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and African Alliance will not be directly or indirectly liable for any damages that may arise from the users reliance on it.
USAGE
While every care has been taken, no representation, warranty or undertaking (express or implied) is given and neither responsibility nor liability is accepted by African Alliance or any group company, as to the accuracy or the completeness of the information contained herein. All information is provided "as is" and should not be treated as professional or investment advice of any kind. Users must seek independent professional advice prior to taking any action based on the contents of the Site.
This Site is only intended to provide the user with information regarding African Alliance, products offered and services rendered. African Alliance authorises the user to view, copy, download to a local drive, print, and distribute the content of this Site, or any part thereof, provided that: a. such content is used for informational and/or non-commercial purposes only; and b. any reproduction of the content of this Site, or portions thereof, must include the following copyright notice: © African Alliance.
NO LIABILITY
Neither African Alliance not any group company assumes responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing this Site or your downloading of any materials, data, text, or images from the Site.
Neither African Alliance nor any group company will be held responsible or liable for any interruption or discontinuance of any or all functionality of this Site, whether the result of actions or omission of African Alliance or a third party.
Neither African Alliance nor any group company accepts responsibility or liability whatsoever arising from or in any way connected with the use of this Site or its content. Neither African Alliance nor any group company will be liable for the accuracy, completeness, adequacy, timeliness or comprehensiveness of the information contained on the Site.
Neither African Alliance nor any group company shall in any event be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with –
any access, use, downloading or the inability to access, use or downloading this Site and/or its contents;
information published on this Site;
any system, connection or server failure, error, omission or delay in transmission;
any errors in or omissions from this Site;
any use of or access to any other Site linked to this Site.
CHANGES AND AMENDMENTS
African Alliance expressly reserves the right to alter and/or amend any information set out in this Site without notice. Furthermore, African Alliance may at any time revise or update these terms and conditions. The user is bound by such revisions and should therefore periodically visit this page.
JURISDICTION RESTRICTIONS
This website is not intended for persons located or resident in jurisdictions which restrict the distribution of information by us. Those persons accessing this website are required to inform themselves about and observe any relevant restrictions. Products and/or services on this website may not be available in all jurisdictions.
DISCLAIMER WITH RESPECT TO FATCA CONTENT ON THIS SITE
None of the products or services listed on this Site is being offered to any natural person resident there, or any corporation, partnership, limited liability company, business or other trust, association, joint-stock company, fund or any form of enterprise similar to any of the foregoing, in each case that is organised or incorporated under the laws of the United States, or any other person or entity that would otherwise constitute a US Person.
ELECTRONIC COMMUNICATIONS
By using this Site or communicating with African Alliance by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
LINKS TO THIRD PARTY SITES
African Alliance may provide links to third party sites to the user only as a convenience. Such third party information is independent from that provided by African Alliance. African Alliance accepts no responsibility for the content or accuracy or the use of such other Sites and does not endorse, and shall not be deemed to have endorsed or accepted, their contents. Linked Sites or pages are not subject to African Alliance control. African Alliance shall not be held responsible or liable, directly or indirectly, in any way for the contents of such Sites, the use of such Sites, or inability to use or access any linked Sites or any links contained in a linked Site.
SECURITY OF INFORMATION
It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Site Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Site or attempts to gain unauthorised access to any page on this Site shall be held criminally liable. In the event that African Alliance should suffer any damage or loss, civil damages will be claimed.
COOKIES
This Site makes use of cookies - a very small text file placed on your hard drive by a web server. Basically, it is your unique identification card that can only be read by the server that gave it to you.
Our server generates one cookie which is used to keep track of the pages you have accessed while using our server. The cookie allows you to page back and forwards through the Site and return to pages you have already visited. The cookie exists only for the time you are accessing our server.
Cookies are not used for any other purpose at this Site We do not use cookies to collect personal information.
You may prevent the use of cookies by configuring your web browser accordingly. This may, however, hinder the Site's functionality.
INFORMATION LOGGED
When you visit this Site, our server logs the following information provided by your browser:
the type of browser and operating system your computer uses.
your domain name extension (for example .com, .co.za).
the referring site's address (the site where you clicked the link that led you to us).
your server's IP address (a number which is unique to the computer connecting you to the Internet, which is usually one of your service provider's computers).
the date and time of your visit.
the address of the pages visited.
the documents downloaded.
This information is used only for statistical analysis or system administration purposes. It is not associated or correlated with any other information we collect about you.
PRIVACY
African Alliance is committed to your privacy and the security of your personal information as outlined in its Privacy Statement.
CLAIMS
All claims instituted by you against African Alliance arising as a result of your use of the Site or on the interpretation of these Online Terms, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration. That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated.
APPLICABLE AND GOVERNING LAW
These Conditions of Access are governed by and construed in accordance with the laws of the Republic of South Africa.
African Alliance’s chosen address for any legal notice is:
Illovo Edge Office Block, Building 4, 9 Harries Road, Illovo, 2196
Postnet Suite 78, Private Bag X11, Birnam Park, 2015, Republic of South Africa
Attention: Board of Directors
The user’s address for notices and service of legal process is the address provided by you on the Site or such other address provided by you in writing to African Alliance.