1. OWNERSHIP AND WARNING
1. This web site is owned and operated by Moneyweb Limited and their associates and/or licensors.
3. By clicking “I Accept” when registering on this website, you will be deemed to have read, understood and accepted these Conditions. Acceptance by you and your use of the Moneyweb website will bind you to these Conditions. If you do not wish to accept these Conditions, do not click “I Accept”.
1. In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1. “Moneyweb” means Moneyweb, operated by Moneyweb Limited and Moneyweb and their associates, companies incorporated in accordance with the company laws of the Republic of South Africa;
2. “Conditions” means all of the terms and conditions set out hereunder;
3. “Content” includes, but is not limited to, information, data, text, sound, photographs, graphics, video, messages and other materials available via the Moneyweb Service;
4. “Licensee” means a licensee, partner or agent of Moneyweb, if any, or the Moneyweb website;
5. “Postings” includes, but is not limited to, comments, opinions, reviews, postings, blogs, pictures and other content posted via the Moneyweb Service;
7. “Moneyweb site” or “Moneyweb website” means the Moneyweb website located via Moneyweb’s website and/or such other website as may be determined by Moneyweb from time to time, including but not limited to any Licensee’s website and includes all linked pages owned and operated by Moneyweb;
8. “You” means you, the person who will use, uses, or wishes to apply to use, the Moneyweb website and “Your” shall have a corresponding meaning.
1. By accessing and using the Moneyweb site and or Moneyweb website, you represent and warrant that you have the right, authority, and capacity to register and be bound by these Conditions.
2. The use of the Moneyweb website or service is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Moneyweb site and or Moneyweb service.
5. ABOUT THE MONEYWEB WEBSITE
1. Moneyweb services are available exclusively through the Moneyweb website.
2. The Moneyweb service will, among other things:
1. offer you news, opinions, announcements and multimedia;
2. allow you to post and share opinions, reviews and experiences of your own for other Moneyweb site users;
3. allow you to view commercial content, including but not limited to directory listings of financial advisors.
6. MONEYWEB MAY REVIEW/DELETE POSTINGS
1. Moneyweb and/or its Licensees reserve the right (but not the obligation) to review, delete, edit, reject or remove (at its sole and absolute discretion), any Postings, any Content that violates these Conditions or business listings (including business name, address, phone, fax, distance, reviews, rating).
2. Moneyweb and/or its Licensee is not required to provide reasons for its decision to review, edit, reject and/or delete Postings or business listings.
1. You acknowledge that you are solely responsible for any Postings that you publish, communicate or display on the Moneyweb website or transmit to other users.
2. The opinions expressed in the Postings do not reflect the opinions of Moneyweb or any of its Licensees and/or associates and Moneyweb and its Licensees and/or associates do not accept any liability for the content included in the Postings nor are they responsible or liable for its accuracy or reliability.
3. You acknowledge and agree that you will evaluate and bear all risks associated with the use and publication of any Postings, including any reliance on the content, integrity, and accuracy of these Postings.
4. Moneyweb, the Licensee or other licensors reserves the right, but have no obligation, to monitor disputes between you and any person or entity which you have reviewed, or that is included in your Postings.
5. You grant to Moneyweb and its Licensees, and you represent and warrant, that you have the right to grant, Moneyweb and its Licensees, contractors, associates and other users of the Moneyweb website, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, publicly perform, digitally perform, publicly display, and distribute your Postings and to prepare derivative works of, or incorporate into other works, such Postings in all formats and in any manner, media or format now known or hereafter devised.
8. PROHIBITED POSTINGS AND REGISTRATION DETAILS
1. When submitting your Postings in any form whatsoever or when providing details for your registration:
1. You must not remove any copyright, trademark or other proprietary rights notices contained in or on the Moneyweb website and or Moneyweb service;
2. You must not edit, change, modify or create versions of Moneyweb logos or other trademarks.
2. Your Postings must not contain:
1. Content that includes any profanity, vulgarity, obscenity, hate speech or threat;
2. Content that is (or could be reasonably expected to be) defamatory, racist, offensive, an invasion of privacy, pornographic, contains sexually explicit material, or otherwise objectionable or unlawful;
3. Content that incites or perpetuates hatred against or vilifies any person or group on the basis of age, ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability;
4. personal information about another individual without their permission;
5. material that may harass another person;
6. Content that is not an original work in which you own all rights (including copyright);
7. Content that falsely expresses or implies that the material is sponsored or endorsed by Moneyweb, Moneyweb service, the Moneyweb website, the Licensee, other licensors or associates;
8. Content which you know or should reasonably have known is misleading, deceptive or false;
9. Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
10. Content that is (or could be reasonably expected to be) advertising or commercial in nature;
11. Content promoting or encouraging illegal activity;
12. advice of any kind in relation to tax, law, finance or other such advice of a professional nature; or
13. Content that is not in English or such other language as may be determined by Moneyweb from time to time.
3. You must not:
1. affect the way Moneyweb, Moneyweb service, the Moneyweb website, the Licensee’s site, other licensors or associates displays its pages, including, but limited to, placing pop-up windows over its pages or by framing blogs;
3. use files or publish processes that might interfere with or pose a threat to the operation of the system or to the security of other users;
4. provide any Content containing Trojan horses, viruses, worms, cancelbots, time bombs or other computer programming routines that might damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
5. edit, modify or customize the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites in a way that might affect or adversely affect the display of any advertising or promotional links on these sites and pages;
6. modify, adapt, translate, or reverse engineer any portion of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites;
7. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites and/or pages other than the engine provided;
8. take any action that imposes, or may impose in Moneyweb’s sole discretion, an unreasonable or disproportionately large load on Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites and/or IT infrastructure;
9. use the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene;
10. use the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites, intentionally or unintentionally, to violate any applicable local, state, national or international law;
11. collect information to access the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites without their written consent;
12. copy or store any Postings or Content offered on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites other than for your own use;
13. collect any information about other users, including, but not limited to, their username, email address or password;
14. share your password with another party;
15. create more than one account;
16. re-establish an account on Moneyweb after your registration has been terminated;
17. submit misleading or false information to Moneyweb or the Moneyweb website;
18. impersonate another person by entering, selecting or using that person’s name, User ID or email address;
19. recreate user accounts by automated means or under false or fraudulent pretenses;
20. use email tools (such as “Email this page”) to send spam or use advertisements, paid links, affiliate marketing, or any other form of link spam;
21. speak on behalf of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites by describing yourself as a Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites employee or use said business letterhead or logo’s on any material without written consent from the said entities.
1. These Conditions will remain in full force and effect every time you use the Moneyweb website, Moneyweb service, the Licensee site, and other licensors or associates sites.
1. Except for Postings submitted by users, the Moneyweb website, Moneyweb service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Moneyweb, the Licensee or other licensors.
2. As the Moneyweb website, Moneyweb service and any underlying technology or software used in connection with the Moneyweb website and Moneyweb service contains Moneyweb’s proprietary information, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites in whole or in part without written consent of said businesses unless expressly permitted in Moneyweb and said business policies and procedures made available via the Moneyweb service.
3. Except as expressly and unambiguously provided herein, Moneyweb, the Licensee and its suppliers do not grant you any express or implied rights and all rights in the Moneyweb service are retained by Moneyweb website, Moneyweb service, the Licensee site, and other licensors or associates sites.
11. CHANGES TO THE AGREEMENT OR THE MONEYWEB SERVICE
1. These Conditions, the Moneyweb website and the Moneyweb service may be modified by Moneyweb at any time without prior notice, and such modifications will be effective upon Moneyweb posting of the new Conditions and/or upon implementation of the new changes on the Moneyweb website.
2. You agree to review the Conditions periodically so that you are aware of any modifications.
3. Your continued use of the Moneyweb website and or Moneyweb service after any modifications indicates your acceptance of the modified Conditions.
4. Unless expressly stated by Moneyweb, any new features, new services, enhancements or modifications to the Moneyweb website and Moneyweb service implemented after your initial access to the Service shall be subject to these Conditions.
12. SECURITY AND REGISTRATION
1. In order to use or access some of the Moneyweb service you will be required to register with Moneyweb and to select a password and user name, which shall consist of an email address of own and user ID (“User ID”).
3. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password.
4. You agree to immediately notify Moneyweb, Moneyweb services and/or the Licensee of any unauthorized use of your User ID or password;
5. You must ensure that you exit from your account at the end of each session.
6. By using the Moneyweb services and/or Moneyweb website pursuant to these Conditions, you agree that Moneyweb may for security reasons and subject to the existing privacy laws, “intercept” and “monitor” (as defined in the Regulation of Interception of Communications and Provision of Communication-Related Information Act No 70 of 2002) any communication that you make or receive through your use of the Moneyweb services and/or Moneyweb website. You agree that the consent given in terms of this clause constitutes written consent as contemplated in the Electronic Communications and Transactions Act No 25 of 2002 as amended and any other applicable legislation.
1. You must provide Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites with accurate, true, complete, and updated registration information and failure to do so will constitute a breach of these Conditions and may result in immediate termination of your registration.
2. Moneyweb may, at its sole discretion, refuse to register or, cancel or terminate your registration and User ID if Moneyweb considers, at its sole and absolute discretion, that you have breached any of these Conditions.
1. All data included on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites such as text, graphics, logos, button icons, images, data compilations, and software (“data”) is the property of said businesses or its content suppliers and protected by international and/or applicable national copyright laws.
2. The compilation of all data on the Moneyweb website is the exclusive property of Moneyweb or its affiliates and protected by international and/or applicable national copyright laws.
3. All software used on the Moneyweb website is the property of Moneyweb, its affiliates, or its software suppliers and protected by international and/or applicable national copyright laws.
4. You must not distribute, sell, rent, sublicense or lease any information or data obtained from the Moneyweb website and/or Moneyweb service.
1. Moneyweb graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Moneyweb and/or Moneyweb are the authorised users of same.
2. Moneyweb’s trademarks and trade dress may not be used in connection with any product or service that is not Moneyweb’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Moneyweb.
3. All other trademarks not owned by Moneyweb, the Licensee or its affiliates that appear on the Moneyweb website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moneyweb, the Licensee or its affiliates.
16. COPYRIGHT DISPUTE POLICY
1. Moneyweb has adopted the following general policy toward copyright infringement:
1. Moneyweb Policy. Moneyweb’s policy is to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Moneyweb’s advertisers, affiliates, content providers, users; and (ii) remove and discontinue service to repeat offenders.
2. Procedure for Reporting Copyright Infringements. If you believe that Content, material or Postings residing on or is accessible through the Moneyweb website or Moneyweb service infringes a copyright, please send a notice of copyright infringement containing the following information to the address listed below. This infringement notice must include:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. identification of works or materials being infringed;
3. identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Moneyweb is capable of finding and verifying its existence;
4. contact information about the notifier including address, telephone number and email address;
5. a statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and
6. a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
3. Once an Infringement Notification is received by Moneyweb, it is policy:
1. to remove or disable access to the infringing material;
2. to notify the provider of the material or user that it has removed or disabled access to the material and that repeat offenders will have the infringing material removed from the system and that Moneyweb will terminate such provider’s or user’s access to the service;
4. If the provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the provider or user must send a counter-notice containing the following information:
1. a physical or electronic signature of the provider or user;
2. identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. a statement that the provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. the provider’s or user’s name, address, telephone number, and, email address and a statement that such person or entity consents to the appropriate jurisdiction of the courts for the district in the Republic of South Africa in which the provider’s or user’s address is located, for any district in which Moneyweb is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
5. If a counter-notice is received by Moneyweb, Moneyweb may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Moneyweb’s discretion. Please contact Moneyweb to Receive Notification of Claimed Infringement at the following email address: firstname.lastname@example.org. Moneyweb reserves the right to change the email address from time to time.
1. You acknowledge and agree that Moneyweb, Moneyweb services and the Licensee will not, under any circumstances, be liable for any loss or damage of any kind incurred in relation to the Moneyweb website, as a result of your use in any way of the Moneyweb website including any Postings or Content.
2. You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Moneyweb website and/or Moneyweb service, it is solely between you and the applicable third party. Moneyweb and the Licensee have no liability, obligation or responsibility for any such activity and/or published comments/Content on the Moneyweb website. You hereby release and indemnify Moneyweb and the Licensee from all claims arising from such activity.
3. Moneyweb and the Licensee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moneyweb’s or the Licensee’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
4. Without limiting the foregoing, Moneyweb, the Licensee, affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, Moneyweb’s and the Licensee’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Moneyweb or the Licensee, as the case may be, for the Moneyweb service in the 12 months prior to the action giving rise to liability.
1. You agree to indemnify and hold Moneyweb and the Licensee, parent companies, subsidiaries, licensors, affiliates, officers and employees, harmless from any claim or demand, including all expenses and legal costs, made by any third party due to or arising out of (i) your access to and use of the Moneyweb website, (ii) your use of the Moneyweb service and the Content provided by you, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
1. The Moneyweb website is provided by Moneyweb on an “as is” basis. Moneyweb and its licensors, Licensees and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Moneyweb website, Moneyweb service or the information, Content, Postings, materials, or products included on the Moneyweb website or in association with the Moneyweb service.
2. To the fullest extent permissible by applicable law, Moneyweb and its licensors, Licensees and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
3. Moneyweb, its licensors, Licensees and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Moneyweb website. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Moneyweb is not responsible for the conduct of any user of the Moneyweb website.
4. Moneyweb does not warrant or covenant that the Moneyweb service will be available at any time or from any particular location, or will be secure or error-free, or that defects will be corrected or that the Moneyweb service is free of viruses or other potentially harmful components. If defects are identified Moneyweb will endeavor to correct them.
5. Any material or Content downloaded or otherwise obtained through the use of the Moneyweb website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Moneyweb, the Moneyweb website or through or from the Moneyweb service shall create any warranty not expressly stated herein.
1. If there is any dispute about or involving the Moneyweb website and/or the Moneyweb service, by using the Moneyweb website, you agree that the dispute will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.
2. You agree to personal jurisdiction by and venue in the courts of the Republic of South Africa.
3. No agency, partnership, joint venture, or employment is created as a result of these Conditions and you do not have any authority of any kind to bind Moneyweb or the Licensee in any respect whatsoever.
4. Moneyweb may provide you with notices, including those regarding changes to the Conditions by email, regular mail or postings on the Moneyweb service.
5. These Conditions, accepted upon use of the Moneyweb website or Moneyweb service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Moneyweb regarding the use of the Moneyweb website and/or the Moneyweb service.
6. The failure of Moneyweb or the Licensee to exercise or enforce any right or any of these Conditions will not constitute a waiver of such right or Condition.
7. If any Condition is found to be unenforceable or invalid, that Condition shall be limited or eliminated to the minimum extent necessary so that the balance of these Conditions shall otherwise remain in full force and effect and enforceable.
8. This Agreement is not assignable, transferable or sub licensable by you except with Moneyweb’s or the Licensee’s prior written consent.
9. You acknowledge that electronic signature, encryption and/or authentication is not required for valid electronic communications between you and Moneyweb.
10. The section titles in these Conditions are for convenience only and have no legal or contractual effect.
21. CONTACT AND VIOLATIONS
Please contact Moneyweb with any questions regarding these Conditions. Please report any violations of the Conditions to email@example.com or such other address as may be provided by Moneyweb from time to time.
Oxford Office Park
5 8th Street
PO Box 8,
Telephone number: +27 (0)11 344 8600
Fax number: +27 (0)11 344 8601