1. CONDITIONS OF ACCESS
These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between Collateral Management International Proprietary Limited, registration number 2001/024489/07, or its subsidiaries or affiliates, as the case may be (“CMI”) and the user.
3. INFORMATION ON THIS SITE
3.1 All information on this site is only intended to provide the user with general information about CMI, CMI products and CMI services.
3.2 IMPORTANT NOTICE: The online services available on this website (the “online services”) are only available to persons that reside in, or are nationals of, or are incorporated under the laws, of the Republic of South Africa (“RSA”) collectively referred to as “RSA” nationals.
3.3 All information regarding the product and services including information in respect of the terms and conditions or any other matters, is subject to change without notice.
4. THIRD PARTY INFORMATION
CMI may use the services of other third party organisations to provide information on this site. CMI has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. CMI will not be directly or indirectly liable for any damages that may arise from the user’s reliance on it.
5. AMENDMENTS TO THESE CONDITIONS
5.1 CMI may amend these conditions from time to time without notification to the user. By accessing this site the users are bound to the version of the terms and conditions published at the time of any visit to this site. The user agrees to view the current version each time that this site is visited.
5.2 The current version of these conditions will govern the respective rights and obligations of CMI and the user each time the user access this site.
6. LINKED THIRD PARTY SITES
6.1 This site may contain certain images and links to other third party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under the control of CMI and CMI is not responsible for the content of any linked site, including without limitation any linked contained in a linked site, or any changes or updates to a linked site.
6.2 CMI is not responsible for webcasting or any other form of transmission from linked sites nor is CMI responsible if the linked site is not working appropriately.
6.3 CMI is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by CMI of the site, their business or security practices or any association with its operators.
7. ABOUT SECURITY
CMI is committed to making sure that your online experience is safe and secure. CMI uses multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.
8. CMI’S COMMITMENT TO CUSTOMER PRIVACY
CMI is committed to maintaining the privacy and security of its customers’ personal and private information (“customer information”) submitted to CMI via this site. This privacy and security policy (“this policy”) outlines CMI’s practices and commitment to the customer in this regard.
9. FINANCIAL CONTENT
9.1 CMI offers regularly updated financial and indices data (“financial content”) on this site. This information is offered free of charge and is for non-commercial use only.
9.2 Users are strictly prohibited from placing or incorporating this financial content into any financial instrument, external programs, website feeds, etc.
9.3 Users are strictly prohibited from modifying, altering or editing the text, data, content or links for any purpose.
9.4 The content offered by CMI may only be used on platforms which allow a functional hyperlink to access the CMI webpage and take the user directly to the full CMI webpage as displayed on the CMI website. The user is not allowed to display the content in a manner that does not permit successful linking, redirection or delivery to the official and applicable CMI web page.
9.5 We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information provided through this financial content.
9.6 We do not accept any liability for loss or damage of any nature, including indirect or consequential loss, which may be attributable to the reliance on and use of the financial content. This service is offered free of charge and is for non-commercial use only.
10. HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
10.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this site, CMI’s prior written consent is required.
10.2 CMI’s consent may be withheld or granted, subject to conditions specified by CMI.
10.3 Breach of these conditions entitles CMI to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to CMI.
11.2 The user is authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
11.2.1 the material is used for considering use of the online services and for no other commercial purposes;
11.2.2 any reproduction of our proprietary material from this site or portion of it, must include CMI’s copyright notice in its entirety; and
11.2.3 the logos and trademarks shown on this site are CMI’s registered and unregistered trademarks, or that of third parties.
11.3 Nothing on this site should be construed as granting any licence or right to use any trademark without CMI’s prior written permission and/or that of third parties, as the case may be. The user may not, without CMI’s prior written consent, use CMI’s intellectual property or that of third parties for any purposes whatsoever.
12. SENDING OF INFORMATION
12.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
12.2 The user accepts that CMI cannot be held liable for any loss, or damage suffered by the user as a result of unlawful activities by unscrupulous persons, as CMI cannot prevent such behaviour.
13. WARRANTIES AND REPRESENTATIONS
13.1 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and CMI disclaims any liable to the user in this regard
13.2 CMI makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard
13.3 CMI does not warrant that the site or online services will be error-free
14. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 Use of this site and the online services is entirely at the user’s own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and the user’s reliance on information contained on it.
14.2 In no event will CMI be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the user’s use of this site or the online services or the information contained on this site or the user’s inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether CMI was expressly advised of the possibility of such loss or damage.
14.3 Without derogating from the generality of the above, and to the extend legally permitted, CMI will not be liable for:
14.3.1 any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, CMI’s system, databases or any of its components, beyond CMI’s reasonable control;
14.3.2 any loss or damage with regard to the users data or other data directly or indirectly caused by malfunction of CMI’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on CMI’s system or third party systems; programming defects; or
14.3.3 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; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.
15. CAPACITY TO ENTER INTO AGREEMENTS
15.1 The user hereby warrants to CMI that the user has the required legal capacity to enter into and be bound by these terms and conditions.
15.2 Minors must be assisted by their legal guardians when reading these terms and conditions.
16. USER’S LIABILITY TO CMI
The user shall be liable to CMI for any liabilities, losses or expenses incurred by CMI as a result of any breach by the user of these terms and conditions.
17. TERMINATION, SUSPENSION AND LIMITATION
17.1 CMI may:
17.1.1 set limits or conditions on the right to certain services, features or functions on this site;
17.1.2 restrict access to parts of or all of the services on the site; and
17.1.3 modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
18. CMI ADDRESSES
18.1 CMI’s address for any legal notice is:
Group Legal Services
12 Byls Bridge Boulevard
18.2 Head Office address is:
12 Byls Bridge Boulevard
19. CUSTOMER COMMUNICATIONS
19.1 The user acknowledges that CMI will use e-mail and notices on this site, as CMI’s main communication tool for all communications relating to this site, or these terms and condition.
19.2 An e-mail message will be deemed to be sent:
19.2.1 by the user, at the time at which CMI are capable of accessing such message; or
19.2.2 by CMI, at the time shown on the message as having been sent, or if not so shown, at the time shown on CMI’s computer system as having been sent;
19.3 An e-mail message is deemed to be received:
19.3.1 by the user once it becomes capable of being retrieved by the user; or
19.3.2 by CMI, once CMI have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier.
19.4 A message shall be attributed:
19.4.1 to the user, if it purports to have originated from the user, irrespective of the fact that someone else may have impersonated the user or whether the message sent to CMI resulted from an error or malfunction in the communication system; or
19.4.2 to CMI, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by CMI and such system operated without error or malfunction.
19.5 Unless otherwise provided for in these terms and confirmation by CMI of receipt of a user’s message is required to give legal effect to such message
A certificate signed by CMI will constitute sufficient proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date, and will be regarded as correct unless the user proves the contrary.
21. APPLICABLE LAW AND JURISDICTION
The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
22. GENERAL PROVISIONS
22.1 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
22.2 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.
22.3 No failure or delay by CMI to exercise any of CMI 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 terms and conditions or prejudice our right to take subsequent action against the user.
22.4 If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.