In these terms and conditions, “we” “us” and “our” refers to Grovest Corporate Advisory (Pty) Ltd (Registration number: 2012/223909/07)(“Grovest”). Your access to and use of all information on this website including investing in our product/s is provided subject to the following terms and conditions.
Grovest has the exclusive right to control accessibility, hours of use, features on the website, and any other information found on the website. Grovest, can restrict access to any or all portions of the website or remove any information or content from the website at any time.
Grovest reserves the right to terminate this website at any time without prior notice.
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
We therefore recommend that each time you access our website you read these terms and conditions.
1. REGISTERED USERS
In order to access the services provided on this website, you must become a registered user.
You must complete registration by providing certain information as set out on our membership/registration page.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time, as and when they change.
Upon registration, you will be e-mailed a password.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
2. OUR WEBSITE SERVICES
Grovest’s website services are provided to investors over the age of eighteen (18) years.
All product and service prices are in South African Rand (ZAR) and are exclusive of VAT.
We endeavour to ensure that our fund information and prices are accurate or correct.
3. PRODUCT/SERVICES/FUND DESCRIPTIONS & IMAGES
We strive to ensure that our products/services/funds are described as accurately as possible on our website; however, we can not warrant that the description is accurate. Where we become aware of any discrepancies, we reserve the right to correct any error/s and/ or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product/service/fund.
4. PRODUCT/SERVICES/FUND QUERIES
We undertake to process any product/service or fund queries within forty-eight (48) hours.
If we have not responded to you within seventy two (72) hours kindly send a complaint to firstname.lastname@example.org and you will be contacted immediately in this regard.
5. SITE ACCESS
When you visit our website, we give you a limited license to access and use our information for your personal use only.
You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act No. 98 of 1978, as amended, you are not permitted to copy, reproduce, reverse engineer, republish, distribute or display any of the information on this website without our prior written permission.
The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.
The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice should we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.
Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products/services which they provide.
You may not link to our website without our consent. Any such linking will be entirely your responsibility and at your expense.
By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
7. INTELLECTUAL PROPERTY RIGHTS
Grovest, or its third party content providers own and shall retain all worldwide rights in the intellectual property of this website, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the website, its colour combinations, layout, and all other graphical elements, and the copyright in and to its’ original content.
You should assume that everything you read or see on the website is copyrighted or otherwise protected and owned by Grovest, or a third party who licensed the right to use such content to Grovest.
Unless otherwise expressly noted, nothing that you read or see on the website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Grovest.
Trademarks and licenses for “Grovest” are held by Grovest Corporate Advisory (Pty) Ltd.
All trade-marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by Grovest or we have a license to use them.
Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comments, feedback, idea or suggestion (“Comment” or “Comments”), set out in the link provided, which you provide to us through this website becomes our property.
If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.
Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
8. DISCLAIMER & LIMITATION OF LIABILITY
Whilst we have taken due care in providing the information on our website, we do not provide any warranty either expressed or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
USER ACCESSES THIS WEBSITE AT HIS, HER OR ITS OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
NEITHER GROVEST NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OR OMISSION BY GROVEST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.
GROVEST IS NOT LIABLE FOR CRIMINAL, DELICTUAL OR OMISSIONS OF THIRD PARTIES, WHICH AFFECT THIS WEBSITE.
IN NO EVENT WILL GROVEST OR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY DELICTUAL OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL GROVEST, OR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR FOR ANY PERSONAL INJURY WHICH ARISES IN CONNECTION WITH THE USE OF THE WEBSITE.
By accessing our website, you agree to and hereby indemnify and hold us harmless against all claims, actions, damage, costs and expenses including legal fees arising from or in connection with your use of our website.
10. FORCE MAJEURE
If a Force Majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least thirty (30) days-Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have foreseen nor exercised control over.
These terms and conditions are to be governed by and construed in accordance with the laws of the Republic of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of these Courts.
If any provision, including this paragraph, in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.
If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us.
Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
Users are prohibited from violating or attempting to violate the security of the website.
Grovest will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators.
In order to protect against unauthorised access to your account, it is recommended that you close the browser when you have finished using the website.
Users are prohibited from violating or attempting to violate the security of the website, including, but not limited to:
Gaining unauthorised access to any portion, feature, product or services offered by or through Grovest or any related systems, servers, or networks connected to the website by hacking, password “mining”, or any other unauthorised means;
Scanning or testing the vulnerability of the website or a system, server, or network connected to the website;
Breaching the security or authentication measures on the website or any network connected to the website;
Performing reverse look-ups, reverse engineering or tracing any information, personal or otherwise of any other User or otherwise exploit any service or information made available by or through the website. Users may obtain their own personal information obtained by Grovest, according to the terms of this agreement;
Taking any action that unreasonably or disproportionately burdens the Grovest website’s infrastructure, related systems, servers, or networks;
Using any device, software or other method to interfere or attempt to interfere with the normal performance, transactions conducted or with any other person’s use of the Grovest website.
These terms and conditions constitute the entire agreement between Grovest and User regarding the subject matter hereof. Any previous agreements, whether oral or written between Grovest and User dealing with the subject matter hereof is superseded.
If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms.
Upon User’s breach of this agreement Grovest may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and interdictory relief.
Grovest’s remedies are cumulative and not exclusive.
Any failure by Grovest to exercise any remedy or enforce any portion of this agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter.
User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.
Grovest makes no representation that the content of the website is appropriate or available for use in all locations.
Users of this website are responsible for compliance with all applicable local laws.
Any dispute arising out of this agreement shall be governed by the laws of the Republic of South Africa, notwithstanding any conflicts of law principles and User hereby consents to the exclusive jurisdiction and venue in such courts for such purpose.