WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ALEXANDER FORBES WEBSITE OR ANY PART THEREOF (THE ALEXANDER FORBES WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE ALEXANDER FORBES WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
Alexander Forbes is a leading provider of financial and risk services internationally.
2.1 Alexander Forbes licenses the User to view, download and print the content of the Alexander Forbes website, provided that such content is used for personal, educational and/or non-commercial purposes only;
2.2 Content from the Alexander Forbes website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Alexander Forbes;
2.3 Users may only access and use the Alexander Forbes website for legal purposes;
2.4 The caching of the Alexander Forbes website shall only be allowed if:
2.5 If any User uses content from the Alexander Forbes website in breach of the provisions detailed herein:
2.6 Hyperlinks to the Alexander Forbes website from any other source shall be directed at the home page of the Alexander Forbes website. Alexander Forbes shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Alexander Forbes website, if such content was accessed through a hyperlink not directed at the home page of the Alexander Forbes website. Persons that wish to link to content beyond the home page of the Alexander Forbes website shall do so at their own risk and indemnify Alexander Forbes against any loss, liability or damage that may result from the use of content from the Alexander Forbes website, if such content was accessed through a hyperlink not directed at the home page of the Alexander Forbes website;
2.7 No person may frame the Alexander Forbes website, in any manner whatsoever, without the prior written consent of Alexander Forbes;
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Alexander Forbes website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Alexander Forbes website for any purposes, without the prior written consent of Alexander Forbes; and
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Alexander Forbes at any time without giving reasons therefore.
All intellectual property on the Alexander Forbes website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Alexander Forbes and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Alexander Forbes website are expressly reserved.
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Alexander Forbes website and/or download content from this website.
Access to the services, content, software and content downloads available from the Alexander Forbes website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Alexander Forbes has the duty to disclose the following information:
6.1 Alexander Forbes and is an Authorised Financial Services Provider as defined in the Financial Advisory and Intermediary Services Act 37 of 2002; and
6.2 FAIS License number: 1177.
Alexander Forbes expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
8.1 Alexander Forbes shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
8.2 Alexander Forbes may electronically collect, store and use, amongst other, the following personal information of Users:
8.3 Alexander Forbes collects, stores and uses the abovementioned information for the following purposes:
8.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
8.5 Alexander Forbes may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
8.6 Alexander Forbes owns and retains all rights to non-personal statistical information collected and compiled by Alexander Forbes.
9.1 Alexander Forbes may provide hyperlinks to websites not controlled by Alexander Forbes (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
9.2 Alexander Forbes does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
10.1 Alexander Forbes shall take all reasonable steps to secure the content of the Alexander Forbes website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Alexander Forbes does not make any warranties or representations that content shall be 100% safe and secure;
10.2 Alexander Forbes is under no legal duty to encrypt any content or communications from and to the Alexander Forbes website and is also under no legal duty to provide digital authentication of any page on the Alexander Forbes website;
10.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Alexander Forbes website or the server and computer network that support the Alexander Forbes website;
10.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Alexander Forbes website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Alexander Forbes harmless against any and all liability, damages and losses Alexander Forbes and its partners / affiliates may suffer as a result of such damaging code;
10.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Alexander Forbes website and Alexander Forbes reserves the right to claim damages any and all persons concerned with a security failure or breach; and
10.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Alexander Forbes and its partners / affiliates.
11.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Alexander Forbes (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
11.2 The Alexander Forbes website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Alexander Forbes, that the content available from and through the Alexander Forbes website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
11.3 Nothing on this site should be construed as solicitation, offer, advice, recommendation, or any other service to acquire or dispose of any financial advice or investment, or to engage in any other financial transaction or investment. The content and/or information contained on this site are provided for Users informational and educational convenience only. Nothing on this site should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions;
11.4 Alexander Forbes does not make any warranties or representations that content and services available from the Alexander Forbes website will in all cases be true, correct or free from any errors. Alexander Forbes shall take all reasonable steps to ensure the quality and accuracy of content available from the Alexander Forbes website and encourage Users to report incorrect and untrue information subject to the right of Alexander Forbes to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
11.5 Alexander Forbes does not make any warranties or representations that the Alexander Forbes website shall be available at all times. Users acknowledge that the Alexander Forbes website may be unavailable due to updates or other causes beyond the reasonable control of Alexander Forbes, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Alexander Forbes website to Alexander Forbes and Alexander Forbes undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Alexander Forbes’ right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Alexander Forbes website, its staff and employees; and
13.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
14.1 These terms and conditions constitute the entire agreement between Alexander Forbes and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Alexander Forbes from the User;
14.2 Any failure by Alexander Forbes to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
The User and Alexander Forbes agree that:
Subject to clause 5.5, the Alexander Forbes website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Alexander Forbes website, its content, services and these terms and conditions.
Alexander Forbes shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.