Terms & Conditions of Use
Acceptance of Terms and Conditions
By accessing the Investor Centre you agree to the following terms and conditions, as amended from time to time, that apply to your use of the Investor Centre:
Authority to register security holder and amend security holder details
1. You warrant that you are either the security holder, one of the joint security holders or a duly authorised officer, representative or attorney of the security holder and that you have the authority to register the security holder and their portfolio with the Investor Centre and/or access the security holder’s details through the Investor Centre.
2. If you add to, alter, amend or delete any of the security holder’s details available in the Investor Centre, you warrant that you have the authority of the security holder to do so.
3. If your authority is under a power of attorney, you warrant that the relevant power of attorney or a certified copy of it has been previously noted by Link Market Services South Africa Proprietary Limited (Link Market Services).
Security of Login Details
4. You agree that you are responsible for the security of your login details and that you will keep your login details confidential.
5. You agree that the login details constitute your signature for the purpose of approving any amendments to your security holder details in the Investor Centre.
Acknowledgement of no financial advice or offer of securities
6. The Investor Centre does not contain investment advice and you should consult an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications of your investments or any changes you make to your security holder details in the Investor Centre.
7. No statement in this Investor Centre constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party.
Content and use of Investor Centre
8. The Investor Centre contains a summary of information obtained from various third parties or provided by you. Link Market Services makes no representation or warranty as to accuracy or reliability of the information in the Investor Centre.
10. The Investor Centre may contain links to web sites controlled by third parties. Link Market Services does not endorse the content of any third party websites and is not liable (responsible) for any information, materials, products or services posted or offered on those websites.
11. The information contained in the Investor Centre is for your personal use and may not be on sold. You may not distribute any information in the Investor Centre other than to your professional advisers for the purpose of obtaining advice in relation to your security holdings. You may print or retain any electronic copies of information in the Investor Centre to the extent necessary to maintain your own taxation records.
12. You must ensure that your access to the Investor Centre is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Investor Centre does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Link Market Services does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of this web site or any linked website.
13. Unless indicated otherwise, all figures quoted in the Investor Centre are in South African rand.
Copyright and Trademarks
14. Copyright in the Investor Centre web site (including text, graphics, logos, icons, sound recordings and software, other than issuer’s trademarks or publications) is owned or licensed by Link Market Services. Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:
a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Investor Centre or its software; or
b. commercialise any information, products, software or services obtained from any part of the Investor Centre without our express written permission.
15. You must not attempt to access the software or computer systems supporting the Investor Centre.
16. Nothing displayed in the Investor Centre should be interpreted as granting you any right to use or distribute any names, logos, trademarks or service marks.
Security of Information
Amendment and Termination
19. Link Market Services may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication in the Investor Centre. Your use of the Investor Centre or continuation of your registration with the Investor Centre following the publication will constitute an agreement by you to be bound by the terms and conditions, as amended.
20. Your access to the Investor Centre may be terminated at any time by Link Market Services, or by you. These terms and conditions continue to apply despite termination of your access to the Investor Centre.
Disclaimer and Limitation of Liability
21. Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link Market Services in respect to the Investor Centre or any service provided in the Investor Centre.
22. To the extent permitted by law, in no event will Link Market Services be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Investor Centre or your use of an inability to use the Investor Centre, including without limitation any errors or omissions in information in the Investor Centre, any delays or errors in the processing of information you submit to the Investor Centre or from computer viruses, even if Link Market Services is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Link Market Services’ option, to the re-supply of the services or payment for the same to Link Market Services client.
23. You indemnify (agree to compensate) Link Market Services and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs if you breach these terms and conditions.
24. These terms and conditions are governed by the laws in force in South Africa and you irrevocably submit to the exclusive jurisdiction of the Courts of South Africa.
Link Market Services includes the other companies in its group, including affiliates and subsidiaries.