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1.
DEFINITIONS
The
following terms shall have the corresponding meanings
assigned to them:
1.1.
“Intellectual Property” means, collectively,
the patents, copyrights (and moral rights), Trade Marks,
designs, models, brands, names, trade names, graphics,
icons, hyperlinks, Know-How, trade secrets and any other
type of intellectual property (whether registered or
unregistered including applications for and rights to
obtain or use same) which are owned by, licensed to, used
and/or held (whether or not currently) by FPM on or in
connection with this website.
1.2.
“Know-How" means all the ideas, designs,
documents, diagrams, information, devices, technical and
scientific data, secret and other processes and methods
used by FPM in connection with this website, as well as,
all available information regarding marketing and
promotion of the products and services described in this
website, as well as all and any modifications or
improvements to any of them.
1.3.
“FPM” means FPM Administrators (Proprietary)
Limited.
1.4.
“Terms of Use” means these terms of use, as
amended from time to time.
1.5.
“Trade Marks” means those trade marks owned by
FPM (or of which FPM is designated as beneficial owner)
and any other trade marks, designs, logos, style names,
tag lines and slogans which FPM owns or has the right to
use or any derivative service offerings of, and
applications for, any of same.
1.6.
“website” means each and every website owned,
hosted, operated or administered by, or on behalf of, FPM.
1.7.
“Website Material” means the contents of this
website, including without limitation, all and any
information, data, documents, Intellectual Property,
material, products (including software) or services
(including financial services) contained in, accessed
through, or downloaded or obtained from this website.
2.
INTERPRETATION
2.1.
The headings used in these Terms of Use are for the
purpose of convenience and reference only and shall not be
used in the interpretation of nor modify nor amplify the
whole or any part of these Terms of Use.
2.2.
No term or provision contained in these Terms of
Use is to be interpreted or construed so as to exclude any
rights granted by Chapter VII of the Electronic
Communications and Transactions Act 25 of 2002
to any natural person who enters or intends entering into
an electronic transaction with FPM on this website.
2.3.
Any reference in these Terms of Use to a party
shall, if such party is liquidated or sequestrated (the
meaning of which includes any analogous proceedings in any
other jurisdiction), be applicable also to and binding
upon that party’s liquidator or trustee, as the case may
be.
3.
ACCEPTANCE OF TERMS OF USE
This
website is made available to you by FPM conditional upon
your acceptance, without modification, of these Terms of
Use. Your
access to and use of this website constitutes your
agreement to and acceptance of these Terms of Use.
If you do not agree with any provision contained in
these Terms of Use, please do not use this website.
4.
MODIFICATION OF TERMS OF USE
FPM
reserves the right, in its sole discretion, to amend
(including without limitation, by the addition of new
terms and conditions) these Terms of Use at any time and
from time to time. Any
such amendments shall come into effect immediately and
automatically. You undertake to review these Terms of Use regularly prior to
use of this website for any such amendments.
5.
WEBSITE MATERIAL
5.1.
Subject to the provisions of these Terms of Use,
you may download, view and print the Website Material
restrictively for your own personal use and for
non-commercial purposes only.
5.2.
You may not alter, modify, decompile,
reverse-engineer, copy, reproduce, distribute, transfer,
sell, transmit, display, broadcast, publish, license or
create derivative works from the Website Material.
5.3.
You may not use this website or the Website
Material for or in conjunction with any illegal, unlawful
or immoral purposes or as prohibited by these Terms of
Use.
5.4.
You may not link to any page on this website or
frame this website or any of the pages on this website in
any way whatsoever without the prior written permission of
FPM. Recognising
the global nature of the Internet, you agree to comply
with all local laws, rules and regulations regarding
online conduct.
5.5.
To the extent that any copying, reproduction,
distribution, transmission, display, broadcasting or
publishing of any Website Material is expressly permitted
(such permission to be interpreted in its most restrictive
sense) you may do so, provided that all Trade Marks, trade
names and all copyright, ownership, proprietary and
confidentiality notices as are included on the original
Website Material are retained and displayed without
alteration or modification and not in any manner obscured
or removed.
5.6.
You acknowledge that you do not acquire any
ownership rights or rights of use in or to any Website
Material by downloading that Website Material.
5.7.
You acknowledge that you do not acquire any
ownership rights or rights of use in or to any Website
Material by copying, reproducing, distributing,
transmitting, displaying, broadcasting or publishing that
Website Material where permitted to do so.
6.
INTELLECTUAL PROPERTY
6.1.
The Intellectual Property is owned by FPM or used
under license or with permission. You may not copy,
reproduce, display or use any Intellectual Property in any
manner whatsoever without FPM’s prior written permission
and nothing contained on this website should be construed
as granting any licence or right of use of any
Intellectual Property.
6.2.
This website is Copyright © 2011, FPM
Administrators (Proprietary) Limited. All rights reserved.
6.3.
Trade Marks which are identified as trade marks
owned by FPM, belong to FPM.
Trade Marks other than those belonging to FPM which
are displayed on this website are the trade marks of their
respective owners.
7.
CHANGES TO THE WEBSITE
FPM
may, in its sole discretion, change, amend, suspend,
withdraw or discontinue any aspect, feature, product,
service or information contained on this website at any
time without any prior notice to you.
FPM may also impose limits on certain features and
services or restrict your access to any or all of the
website or Website Material without notice or liability.
8.
DISCLAIMERS
8.1.
Your use of this website and reliance on any
Website Materials available on this website is entirely at
your own risk. This
website, including all Website Materials, is provided
“as is”.
8.2.
FPM does not represent or endorse the accuracy or
reliability of any advice, opinion, statement, or other
information contained in, displayed on, linked to or
distributed through this website or the Website Materials.
You acknowledge that any reliance upon any such
opinion, advice, statement or information shall be at your
sole risk. FPM
reserves the right, in its sole discretion, to correct any
errors or omissions in any portion of this website and the
Website Materials.
8.3.
Information, ideas and opinions expressed on this
website and in the Website Materials should not be
regarded as professional advice or the official opinion of
FPM and you are strongly advised to seek professional
advice before taking any course of action related to them.
More specifically, certain information constitute
guidelines only and the provision of this data may be
delayed by a period of time. Accordingly, you are strongly
advised to consult FPM or your professional adviser before
acting on such information.
Electronic tools supplied on this website are for
indicative values only and FPM shall not be responsible or
liable for any inaccuracies or miscalculations arising out
of defects or incorrect use.
8.4.
To the fullest extent permissible by law, FPM
disclaims all warranties of any kind, whether express or
implied, including without limitation to the implied
warranties of merchantability or fitness for a particular
purpose, in respect of this website and the Website
Materials. FPM
does not warrant that the functions contained in this
website or the Website Materials will meet your
requirements or operate in every combination selected by
you for use; will be uninterrupted, timely, secure or
error free; that any defects or errors will be corrected;
or that this website or the Website Materials or the
server that makes them available is free of viruses or
other harmful components.
FPM does not warrant that this website or the
Website Materials will provide specific results from use
of this website or the Website Materials or any content,
search or link within them or that the results that may be
obtained from the use of this website will be accurate or
reliable.
8.5.
Whilst FPM takes reasonable precautions in its
operation of this website, neither FPM nor its agents or
representatives will assume any responsibility and neither
FPM nor its agents or representatives (in whose favour
this constitutes a stipulation for another) shall be
liable for any damages to or for viruses that may infect
your computer equipment or software or other property on
account of your access to, use of or browsing of this
website or the Website Materials or your downloading of
any materials, data, text images, video or audio from this
website or the Website Materials.
Any material downloaded or otherwise obtained
through the use of this website or the Website Materials
is done at your own discretion and risk and you will be
solely responsible for any damage to your computer system
or loss of data that results from the download of any such
material.
9.
LIMITATION OF LIABILITY
9.1.
You agree that under no circumstances whatsoever, including as a
result of FPM’s negligent (including grossly negligent) acts or omissions or
those of its servants, agents or contractors or other
persons for whom in law FPM
may be liable, shall FPM or its servants, agents or
contractors or other persons for whom in law FPM
may
be liable (in whose favour this constitutes a stipulatio
alteri) (stipulation
for another) be liable for any direct, indirect, extrinsic, special,
penal, punitive, exemplary or consequential loss, damage
or damages of any kind whatsoever or howsoever caused
(whether arising under contract, delict or otherwise and
whether the loss was actually foreseen or reasonably
foreseeable), including but not limited to any loss of
profits, loss of revenue, loss of operation time,
corruption or loss of information or data and/or loss of
contracts sustained by you, your directors,
servants, dealers or customers, resulting from your use of or inability to use the website
or the Website Materials.
9.2.
You agree that no claims or legal action arising out of, or related
to, the use of this website, the Website Materials or
these Terms of Use may be brought by you more than 1 (one)
year after the cause of action relating to such claim or
legal action arose.
10.
INDEMNITY
You
hereby indemnify FPM and its officers, directors,
employees, servants,
agents or contractors or other persons for whom in law FPM
may be liable (in whose favour this constitutes a stipulation
for another) from any loss, damage, damages, liability,
claim or demand due to or arising out of your use of this
website or the Website Materials or your breach of these
Terms of Use.
11.
LINKS
Links
to and from this website to other websites belonging to or
operated by third parties do not constitute an endorsement
by FPM of such linked websites or their contents nor do
they constitute any association by FPM with their owners
or operators. FPM
has no control over such linked websites and is not
responsible or liable for any content, information, goods
or services available on or through any such linked
websites or for any damage, damages or loss caused or
alleged to be caused by or in connection with your use of
or reliance on any such content, information, goods or
services available on or through any such linked websites. You agree that where you access linked websites, you do so
entirely at your own risk.
12.
DEALINGS WITH THIRD PARTIES
Your
interaction, correspondence or business dealings with
third parties which are referred to or linked from or to
this website is entirely at your own risk and are solely
between you and such third party including the
acquisition, disposal, payment and delivery of any goods
or services, and any terms, conditions, warranties or
representations associated with such interaction,
correspondence or business dealings.
You are solely responsible for identifying and
familiarising yourself with any terms and conditions which
will govern your relationship with such third party. You agree that FPM shall not be responsible or liable for any
damage, damages or loss caused or alleged to be caused by
or in connection with your interaction, correspondence or
business dealings with such third parties.
You acknowledge that such third parties are not the
agents of FPM.
13.
DISPUTES
13.1.
In
the event that any claim, matter or dispute arises between
you and FPM arising out of or in connection with your use
of this website, the Website Materials or these Terms of
Use then such claim, matter or dispute must be referred to
the Financial Director. Should
the Financial Director fail to resolve such claim, matter
or dispute within 5 business days of the referral then the
claim, matter or dispute shall be finally resolved in
accordance with the Commercial
Rules
of the Arbitration
Foundation of South Africa
by an arbitrator or arbitrators appointed by that
foundation.
The arbitration shall be held at Johannesburg in
the English language and shall be held immediately with a
view to be completed within 21 (twenty one) days after it
is demanded.
You agree that the decision of the arbitrator in
the arbitration proceedings shall be final and binding on
you and may be made an order of court.
13.2.
Notwithstanding the above provisions, either party
shall be entitled to institute action in any court of law
of competent jurisdiction to obtain urgent interim relief.
14.
GOVERNING LAW
This
website is hosted, controlled and operated from the
Republic of South Africa. We both agree that these Terms
of Use shall be governed by and construed and interpreted
in accordance with the laws of the Republic of South
Africa. To the extent that a court has jurisdiction over
any matter between the parties arising out of or in
connection with these Terms of Use, we both submit
ourselves to the exclusive jurisdiction of the High Court
of the Republic of South Africa.
15. LEGAL SERVICE OF DOCUMENTS AND NOTICES
FPM
chooses Addresses
for Legal Service for all purposes under these
Terms of Use, whether in respect of court process, notices
or other documents or communications of whatsoever nature.
16. SEVERABILITY
Any
provision in these Terms of Use which is or may become
illegal, invalid or unenforceable shall be ineffective to
the extent of such prohibition or unenforceability and
shall be treated pro non scripto (as if it were not
written) and severed from these Terms of Use, without
invalidating the remaining provisions of these Terms of
Use.
17.
FULL LEGAL AGE
In
using this website you represent and warrant that you are
of full legal age, or are emancipated or have your
guardian’s consent to enter into a contract being these
Terms of Use or any other Product Terms and Conditions
regarding your use of this website and the Website
Materials available on this website.
18.
PRIVACY POLICY
18.1.
You acknowledge that you have read and understood
FPM’s Privacy
Policy the terms of which are incorporated into
these Terms of Use.
19.
MONITORING OF COMMUNICATIONS
You
expressly give your consent for FPM to monitor your
internet and e-mail traffic on FPM’s various website
servers and domains. You acknowledge that FPM monitors
internet and e-mail traffic on these various website
servers and domains primarily to ensure that surfers and
consumers are not acting illegally, unlawfully or in
breach of these Terms of Use and:
19.1.
to maintain the integrity and security of FPM’s
websites and information technology systems;
19.2.
to investigate and detect any unauthorised use of
FPM’s websites and information technology systems; and
19.3.
as an inherent part of and to secure the effective
operation of FPM’s websites and information technology
systems.
20.
TERMINATION
If
you breach any of these Terms of Use, FPM may immediately,
automatically and without notice to you, terminate your
use of and access to FPM’s website, and/or prohibit your
future access to use of FPM’s website, and/or take
appropriate legal action against you (including without
limitation, applying for urgent and/or interim relief or
claiming damages), without incurring any liability to you
of any nature whatsoever and howsoever arising, and all of
FPM’s rights in this regard are expressly reserved.
21.
WHOLE AGREEMENT
21.1.
These Terms of Use constitute the whole agreement
between you and FPM relating to your access to and use of
this website.
21.2.
No indulgence, extension of time, waiver or
relaxation of any of the provisions or terms of these
Terms of Use which FPM may show, grant or allow you shall
operate as an estoppel against FPM in respect of its
rights under these Terms of Use nor shall it constitute a
waiver by FPM of any of FPM’s rights and FPM shall not
thereby be prejudiced or stopped from exercising any of
its rights against you which may have arisen in the past
or which might arise in the future.
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Privacy
Policy
FPM
Administrators (Pty) Ltd “FPM” and its employees
respect your privacy and the confidentiality of your
personal information.
Personal
information that you supply to us via this website
(“your personal information”) is only used and
processed for the purpose:
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For which we request the information, as
stated in the relevant web pages; and/or
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to the extent necessary to enable FPM to
meet its obligations to you; and
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to comply with our legal obligations.
FPM
will not disclose your personal information to third
parties outside of FPM, unless:
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FPM is permitted or required to do so by
law; or
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it is in the public interest to do so;
or
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it is necessary to protect the rights of
FPM; or
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you have expressly authorised FPM to do
so.
FPM
may from time to time use your personal information to
compile profiles for statistical purposes.
However, such profiles or statistical data cannot
be linked to any identifiable individual.
We
may occasionally contact you to inform you of new services
or products offered by FPM. You will, however, always be
given the opportunity to instruct us to remove your
details from our mailing list.
FPM reserves the right
to amend this online privacy policy at any time by posting
the amended policy on our website.
Unless otherwise stated, the current version will
apply each time you access our website.
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Directors
Registered Name:
FPM Administrators (Pty) Ltd
Registration Number:
1993/004625/07
Registered Address:
93 Bedford Avenue
Benoni, 1500
Directors:
W Visser (Managing Director), VC Buissinne, R
Caruana,
VR Hansen, NE Hardres-Williams, AC
Kennedy, MFC Tongs
Company Secretary:
JD Hill and Company
93 Bedford Avenue
Benoni, 1500
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E-mail
Disclaimer
The
information contained in this message and or attachments
is intended only for the person or entity to which it is
addressed and may contain confidential, proprietary and/or
privileged material. Any review, retransmission,
dissemination, or other use of, or taking of any action in
reliance upon, this information by persons or entities
other than the intended recipient is prohibited.
If you received this in error, please contact the
sender and delete the material from any system and destroy
any copies thereof.
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