01 Terms of Use

1. Use of site
2. Copyright
3. Trademarks
4. Links to third-party web sites
5. Downloading files
6. Disclaimer of warranties
7. Limitation of liability
8. Indemnification
9. Privacy
10. User Conduct
11. General provision

1. USE OF SITE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about FinStock products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. FinStock reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. COPYRIGHT

The Site and the Content are protected by laws, and belong to FinStock or its partners, affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by FinStock.

3. TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. LINKS TO THIRD-PARTY WEB SITES

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by FinStock of the third party, the third-party web site, or the information contained therein. FinStock is not responsible for the availability of any such web sites. FinStock is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of FinStock affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

5. DOWNLOADING FILES

FinStock cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

6. DISCLAIMER OF WARRANTIES

FinStock makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. FinStock expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. FinStock does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. FinStock does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.

7. LIMITATION OF LIABILITY

In no event will FinStock be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if FinStock has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some areas do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such areas, FinStock’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed R1000.00.

8. INDEMNIFICATION

You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless FinStock, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

9. PRIVACY

FinStock is very respectful about the privacy concerns of the visitors to its sites on the Internet. E-mail addresses and other personally identifiable data about visitors to this site are known to FinStock only when voluntarily submitted by the users. FinStock will only use personally identifiable data provided at this site for the purposes described at the time it is collected (for example, the e-mail addresses visitors provide in order to join a mailing list will only be used for the purpose of emailing lists). Any other third party sites linked to from this Web site, may each have different privacy policies and practices.

10 USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

11. GENERAL PROVISIONS

1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by FinStock of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. FinStock, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. FinStock does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
3. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, FinStock’s Privacy Policy, your use of the Site, any other FinStock web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Republic of South Africa, without regard to any conflict of laws provisions