If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask ZAR X or your Broker (Market Participant) to explain it to you before you accept the Terms and Conditions before using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or ZAR X in terms of the Financial Markets Act no.19 of 2012 ("FMA"), The Consumer Protection Act no. 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act no. 25 of 2002 ("ECTA"), the Prevention of Organised Crime Act, No. 121 of 1998, as amended, or the Financial Intelligence Centre Act, No. 38 of 2001 as amended.
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 and Conditions, 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 and Conditions are to be observed in addition to the terms of any agreement the User may enter into with ZAR X and are not intended to modify or supercede 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:
ZAR X may amend the Terms and Conditions from time to time. Please visit the ZAR X Website regularly to check when the Terms were last updated (as displayed at the end of this document) and to review the current Terms and Conditions if need be. We will do our best to notify you of any amendments to the Terms and Conditions that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the ZAR X Website or sent by email to the address associated with your ZAR X account (see Electronic Communications). The continued use of your ZAR X Account, post any amendment to these Terms and Conditions, constitutes your implied acceptance of the Terms and Conditions, duly modified. If you do not accept the Terms and Conditions, or any amendment to them, we request that you refrain from using the ZAR X Webite and your ZAR X account, to the extent practicable.
To register as a user, you must provide your unique email address (username) and password and provide certain information and personal details to ZAR X. You will need to use your unique username and password to access the Website in order to trade.
You agree and warrant that your username and password shall:
For security purposes you agree to enter the correct username and password whenever trading, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment or settlement of such trading, save where the order is cancelled by you before a matched trade occurs in accordance with these Terms and Conditions.
You agree to notify ZAR X and your Broker (Market Participant) immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a legal agreement, then you may use the Website only with the involvement and supervision of your legal parent or legal guardian. If your legal parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised ZAR X representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised ZAR X representative.
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 Users. The Content is for the 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:
Registered users will only be allowed to place buy or sell orders once they:
When you register on the Website you agreed that you acknowledge and are aware:
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
The right to protection of "personal information" is applicable not only to a natural person (i.e. an individual) but also to any legal entity, including companies and communities or other legally recognised organisations. All of these entities are considered to be "data subjects" and are afforded the same right to protection of their information.
Should you decide to register as a user on the Website, we may require you to provide us, as well as your registered Broker (Market Participant), with personal information which includes but is not limited to:
Should your personal information change, please inform your registered Broker (Market Participant) and provide them with updates to your personal information as soon as reasonably possible to enable them to update your personal information.
You may choose to provide additional personal information to us, as well as your registered Broker, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Depending on how you interact with our Website, we collect different kinds of information from or about you. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
We do not collect the following Special Categories of Personal Data: your philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic data. Nor do we collect any information about criminal convictions and offences.
We will not, without your express consent use your personal information for any purpose other than as set out below:
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, ZAR X is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
We will -
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
ZAR X undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
Where any of the Website Content has been licensed to ZAR X or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
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.
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 a ZAR X registered representative, the User should register its complaint with the appropriate regulatory authority.
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 nonproprietary.
The User's posting or transmitting of any unlawful, libellous, 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
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
ZAR X may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that ZAR X will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any instructions made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
ZAR X is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process trades, and/or to cancel any trades, in whole or in part, on notice to you. At any time, you can choose to stop using the Website, with or without notice to ZAR X.
In the event of any dispute arising between you and ZAR X, you hereby consent to the nonexclusive jurisdiction of a High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
When security vulnerabilities are reported to us in compliance with this policy, ZAR X will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of users. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. ZAR X reserves all of its legal rights in the event of any noncompliance with this policy.
ZAR X (Pty) Ltd. has used all reasonable efforts to ensure that the information contained in this publication is correct but shall not be liable for decisions made in reliance on it.
ZAR X is a registered trade mark of ZAR X (Pty) Ltd.
THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED "AS IS." ZAR X, ITS LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "ZAR X PARTIES"), MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE WEBSITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE.
IN NO EVENT WILL THE ZAR X PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT THE USER OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH USER'S ABILITY OR INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY THE ZAR X PARTIES, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE ZAR X PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR RESTRICTS ZAR X'S LIABILITY IN RESPECT OF A BREACH BY ZAR X OF ANY DUTY OR LIABILITY IT MAY HAVE TO THE USER UNDER APPLICABLE REGULATIONS OR LAWS; FRAUD, WILFUL NEGLECT OR FOR DEATH OR PERSONAL INJURY CAUSED BY ZAR X'S NEGLIGENCE; OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. IT IS THE USER'S RESPONSIBILITY TO ENSURE THAT THE USER MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES THE USER MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE WEBSITE.
These Terms and Conditions were last updated on 31 May 2018 and are effectively immediately.