Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY.

Use of (the “Website”) may be monitored, tracked and recorded. Anyone using the Website expressly consents to the Terms of Use outlined herein, as well as to such monitoring, tracking and recording.

Introduction

This Website www.zarx.co.za (the Website) is owned and operated by ZAR X (Pty) Ltd, a company registered in South Africa with registration number 2015/089692/07. The following terms and conditions, which include the ZAR X Privacy Policy govern the relationship between the User, ZAR X, and ZAR X’s affiliates and subsidiaries, in the use of the Website.

By using the Website, the User is agreeing to comply with and be legally bound by the Terms of Use, and the User provides their express consent for their personal information to be dealt with on the terms of the Privacy Policy.

TERMS OF USE AGREEMENT

The User acknowledges and agrees that the use of the Website, including any and all information, statements, materials, articles, research, data, software, links to third-party Websites, products and services made available on or accessible through the Website (collectively, the Content), is conditional on the User’s adherence to the Terms of Use, and that such acceptance creates a valid and binding contract between the User and ZAR X (Pty) Ltd., and its subsidiaries and affiliates, (together, ZAR X).

The Terms of Use are to be observed in addition to the terms of any agreement the User may have with ZAR X and are not intended to modify or supersede the terms of such agreement(s), which agreement(s), in the event of any conflicting terms, will govern. By using the Website and the Content, the User further agrees:

  • to comply with South African law regarding the transmission of any information through the Website,
  • to comply with and be legally bound by the Terms of Use,
  • not to use the Website for illegal purposes;
  • not to interfere with or disrupt the networks, computers and equipment connected to the Website.
  • to provide their express consent allowing their personal information to be dealt with in the terms of the Privacy Policy.

If, at any time, the User does not wish to accept the Terms of Use, the User must discontinue use of the Website and any Content obtained from the Website.

CONSUMER PROTECTION ACT

Given that the Terms of Use (as described herein) and the services provided under the Terms of Use are regulated by the Consumer Protection Act No 68 of 2008, (as amended, replaced or re-enacted from time to time), ZAR X states that it is not its intention that any provision in the Terms of Use contravenes any provision of the Consumer Protection Act. Therefore, all provisions of the Terms of Use should be treated as being qualified, if necessary, to ensure that they remain compliant with the provisions of the Consumer Protection Act

WEBSITE CONTENT: NO REPRESENTATION, SOLICITATION, RECOMMENDATION OR OFFER

Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors. Users’ particular needs, investment objectives and financial situations were not taken into account in the preparation of the Website.

The fact that ZAR X has made or may make Content available on or accessible through the Website does not constitute a representation by ZAR X that any such Content is suitable or appropriate for User. The Content is for User’s personal use, and ZAR X is not soliciting any action based upon its provision. The Content is not to be construed as a recommendation or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of any security, financial product or other instrument. Although the information contained in the Content is obtained or compiled from or based upon information that ZAR X considers reliable, ZAR X does not represent that such information is accurate, current or complete.

Furthermore, the User acknowledges that:

  • the Website is provided for information purposes only
  • the Website may include information taken from third-party sources
  • any reliance on any portion of the Content shall be at User’s sole risk.

INTELLECTUAL PROPERTY

The Website, including the Content, is owned by ZAR X or its licensors, and is protected under the South African and international intellectual property laws and conventions.

All designs, trademarks, logos, data, text and images, whether registered or unregistered, are the property of their respective owners. All other designs, trademarks, logos, data, text and images, whether registered or unregistered, displayed on the Website is the intellectual property of ZAR X.

The Website is further protected as a collective work and/or compilation under South African copyright and other laws. Using, copying, downloading, reformatting or storing any portion of the Website for other than personal, noncommercial use, without the prior written consent of ZAR X or the relevant licensor is expressly prohibited. The User shall not modify, sell, display, distribute, publish, transmit, broadcast or otherwise disseminate the Website or the Content to others without ZAR X’s prior written consent.

The User agrees to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Content.

The user may not use any of the trademarks displayed on the Website without the prior written consent of ZAR X or the third party that owns the trademark. ZAR X therefore reserves the right to take legal action in respect of any reproduction, copying, distribution or any other use or communication to the public of the information contained on the Website without the prior written consent of ZAR X.

HYPERLINKS TO/FROM 3RD PARTY WEBSITES

The Website, including the Content, is owned by ZAR X or its licensors, and is protected under the South African and international intellectual property laws and conventions.

The Website may contain links to certain Internet Websites sponsored and maintained by third-parties. These Internet Websites are not under the control of ZAR X, and ZAR X does not investigate, monitor or review such third-party Websites for accuracy, completeness or conformance with applicable regulations or laws.

In addition, 3rd Party Websites may contain links to the ZAR X Website. ZAR X is not responsible or liable for, and makes no representations or warranties, concerning the Content of any such third-party Websites. The fact that ZAR X has provided a link to a third-party Website, or that a third-party Website has provided a link to the ZAR X Website, does not constitute an endorsement, authorization, sponsorship, or affiliation by ZAR X with respect to that Website, its owners, or its service providers.

The User accesses 3rd Party websites and any services or information provided therein at the User’s own risk.

FINANCIAL MARKETS ACT

The User’s attention s drawn to the terms of section 4(2) of the Financial Markets Act, no 19 of 2012, wherein it states that it is an offence to behave in a manner which suggests or implies that there is some connection between a person and an exchange, where in fact no such connection exists.

ZAR X further reserves the right to withdraw any permission granted, whether in writing, verbally or tacitly, to link to the Website, if at any time it is deemed by ZAR X to be in the best interest of ZAR X to do so.

ENFORCEABILITY AND GOVERNING LAW

If any provision of the Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

Any dispute, controversy or claim arising out of or related to the Website or the Terms of Use shall be governed by and interpreted under the laws of the Republic of South Africa and the jurisdiction of the South African courts (excluding any rules of law that would lead to the application of the laws of any other jurisdiction).

Notwithstanding the foregoing, ZAR X may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained in the Website.

The User shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other Users’ access to the Website, or to enable or impair its operation, nor shall the User access the Website to gain any unauthorized access to any system operated by ZAR X.

VIRUSES

The User shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other Users’ access to the Website, or to enable or impair its operation, nor shall the User access the Website to gain any unauthorized access to any system operated by ZAR X.

SUSPICIOUS ACTIVITY

If ZAR X determines that the User is engaging in, or has engaged in, any suspicious activity, ZAR X reserves the right to terminate User’s access to all or part of the Website immediately and, if deemed appropriate by ZAR X in its sole discretion, to notify any relevant government or regulatory authority.

COMPLAINTS

The Website is not a forum to register a formal regulatory complaint. If the User has a specific complaint about the trading of a security, another User, or an ZAR X registered representative, the User should register its complaint with the appropriate regulatory entity.

AVAILABILITY OF THE WEBSITE

ZAR X reserves the right to suspend the Website at any time for maintenance purposes. ZAR X is not obliged to give any notice of any such suspensions.

CONFIDENTIALITY

ZAR X will endeavor to maintain the confidentiality of personal information the User provides in connection with the use of the Website and the Content thereof. Nonetheless, the User acknowledges and agrees that any such information sent via the Internet may not be protected and there can be no assurance that such information will remain confidential.

With the exception of personal information, any communication or material the User posts or transmits to ZAR X over the Internet is, and will be treated as, non-confidential and non-proprietary.

The User’s posting or transmitting of any unlawful, libelous, defamatory, discriminatory, threatening, abusive, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law, is strictly prohibited.

Further, the User acknowledges and agrees that, subject to applicable law, ZAR X may disclose the User’s name and other personal and financial information about the User or User’s accounts to its employees, representatives, officers, directors, agents and affiliates, or to any governmental or regulatory authority or self-regulatory organization, or to any third-party service provider, under the following circumstances:

  • In order to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities or self-regulatory organizations, or
  • In order to satisfy any other purpose as described in any other agreement the User may have with ZAR X.

For additional information regarding the confidentiality of personal information, please refer to ZAR X’s Privacy Policy.

RESTRICTIONS ON USE

The reproduction, redistribution, alteration and transmission of any material or information contained in the Website is restricted. The User may not use the Content of the Website for any purposes, commercial or otherwise, without first obtaining written authorisation from ZAR X.

Furthermore, the User is expressly restricted from:

  • Removal any copyright, trademark or other intellectual property right notice contained in any of the Website Content
  • Making use of any Content from the ZAR X Website in any way or for any purpose which is unlawful, or in any way which violates any of ZAR X’s rights.

To the extent allowed by law, the User indemnifies ZAR X against any and all claims arising from the use by 3rd Parties of any Content from the Website that they have accessed as a result of the User’s redistribution, alteration, reproduction or transmission of that material in contravention of the Terms of Use.

MODIFICATIONS TO THE WEBSITE

ZAR X reserves the right to add, change, or delete any information, features or Content of the Website at any time and without notice.

MODIFICATIONS OF THE TERMS OF USE

ZAR X reserves the right, without notice and at its sole discretion, to modify any portion of the Terms of Use.

The User should continue to review the Terms of Use whenever accessing the Website. The User’s use of the Website after the posting of changes to the Terms of Use will constitute the User’s acceptance of the Terms of Use, as modified, and the User will be bound by any such changes as of the date they were first posted to the Website.

TESTIMONIALS

Testimonials may not be representative of the experience of other investors, partners or clients of ZAR X, nor do they guarantee ZAR X's future performance or success.

CONTACT & COPYRIGHT

Please direct any questions or comments regarding the Terms of Use to the webmaster@zarx.co.za

© Copyright 2016. ZAR X (Pty) Ltd., All rights reserved.

These Terms of Use were last updated on 20th July 2016 and are effectively immediately.