ALTHOUGH WE HAVE TAKEN CARE TO ENSURE THAT THE CONTENT ON THIS WEBSITE IS ACCURATE AND THAT YOU SUFFER NO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THIS WEBSITE, THIS WEBSITE IS PROVIDED "AS IS".
USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR THE RISK OR LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND YOUR RELIANCE ON THE MATERIAL AND INFORMATION CONTAINED ON IT.
WE AND OUR AFFILIATES, SHAREHOLDERS, AGENTS, CONSULTANTS OR EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR YOUR INABILITY TO USE THIS WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE AND REGARDLESS OF WHETHER WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WE WILL NOT BE LIABLE FOR:
- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF THIS WEBSITE, OUR SYSTEM, DATABASES OR ANY OF ITS COMPONENTS, FOR WHATEVER REASON;
- ANY LOSS OR DAMAGE ARISING FROM YOUR ORDERS, INVESTMENT DECISIONS, PURCHASES OR DISPOSAL OF GOODS AND SERVICES, INCLUDING FINANCIAL INSTRUMENT(S) OR CURRENCY, FROM THIRD PARTIES, BASED ON THE INFORMATION PROVIDED ON THIS WEBSITE;
- ANY LOSS OR DAMAGE WITH REGARD TO CUSTOMER DATA OR OTHER DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF OUR SYSTEM, THIRD PARTY SYSTEMS, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON OUR SYSTEM OR THIRD PARTY SYSTEMS; PROGRAMMING DEFECTS; NEGLIGENCE ON OUR PART OR CAUSED BY THE YEAR 2000 COMPUTER PROBLEM;
- ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SYSTEMS SUCH AS THE PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS (CURRENTLY TELKOM), INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS (CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES;
- ANY EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
How disputes will be resolved
Subject to the relevant service terms, all disputes arising as a result of your use of this website or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or where 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. The arbitrator will have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
Capacity to enter into agreements
You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this website.
A certificate signed by us will constitute prima facie proof of the operation or functionality of this website or any part thereof and the contents of any information displayed on this website on a given date.
Our address for notices and service of legal process
Our chosen address for any legal notice is:
Director, Legal Services
Group Legal Division
Standard Bank Centre
5 Simmonds Street
The law governing our relationship
The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
If you have any questions or do not understand anything in these conditions please send an email to [email protected] and we will respond to you as soon as possible.