CAPE VALUE PROPRIETARY LIMITED

LAST UPDATED: 06 Nov. 13

Website terms and conditions
  1. Introduction
    1. These Conditions govern your use of the Website.
    2. In these Conditions :
      1. “Cape Value” means Cape Value Proprietary Limited (Registration Number 2002/017178/07) and all of its subsidiaries and divisions, a company incorporated in terms of the laws of South Africa;
      2. “Conditions” means these Website terms and conditions; and
      3. “Website” means the website www.capevalue.co.za.
  2. Use of Website
    1. By your use of and access to this Website, you agree to these Conditions of use as contained in this document. If you have not already done so, please take some time to familiarize yourself with these Conditions. If you do not agree to these Conditions, you should immediately discontinue any use of the Website.
    2. Cape Value may at any time:
      1. modify or withdraw, temporarily or permanently, the Website (or any part of the Website) with or without notice to you and you agree that Cape Value shall not be liable to you or any third party for any modification to or withdrawal of the Website;
      2. as the Website is subject to change from time to time, amend these Conditions or alter the content of the Website. If you do not agree to any amendment to the Conditions then you should immediately stop using the Website. Your continued use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such amendment. Should Cape Value revise these Conditions or Website content at any time, the “last updated” date at the head of these Conditions will be amended accordingly. It is your responsibility to check regularly to determine whether the Conditions or any part of the Website has been amended;
      3. monitor the access to and use of the Website and other activities in relation to the Website and may intervene in such manner as it in its sole discretion deems necessary and appropriate in this regard;
      4. in Cape Value’s sole discretion, terminate or suspend your access to or use of the Website or any portion of the Website at any time, without notice, and without having to furnish a reason for such termination or suspension.
    3. Cape Value will use its reasonable endeavors to maintain the Website. Subject to any law, Cape Value will not be liable to you for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website or for any other reason.
    4. You shall only use this Website to browse the content and shall not use this Website for any other purpose, including without limitation, to make any speculative, false, illegal or fraudulent communication.
    5. You may access and use this Website solely for your personal use.
    6. You agree not to access or use this Website in any manner prohibited by these Conditions or as is unlawful.
    7. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Your unauthorized use of this Website and/or the materials contained on this Website may violate copyright, trademark or other intellectual property laws or other laws.
    8. You hereby indemnify and hold Cape Value harmless against any loss, claim, action or damages suffered or incurred by Cape Value as a result of your breach of any of these Conditions or your incorrect or unlawful use of this Website.
    9. Your use of and access to this Website is entirely at your own risk.
  3. Content of the Website
    1. Whilst every effort is made to update the information provided on this Website on a regular basis, Cape Value makes no representations or warranties, whether express or implied in law as to the accuracy, completeness or reliability of any information, data and/or content on the Website.
    2. The information contained in this Website is provided in good faith and is illustrative only. Cape Value reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
    3. No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services.
  4. Copyright and Intellectual Property Rights
    1. Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this Website (collectively “the materials”) are owned by Cape Value, alternatively Cape Value is the lawful user of such copyright and intellectual property rights in the materials, and the materials are protected by both South African and international intellectual property laws. Any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of such material or any component of such material will constitute an infringement of such copyright and other intellectual property rights.
    2. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Cape Value, alternatively Cape Value is the lawful user of such trademarks. Nothing contained on this Website should be interpreted as granting any license or right to use any of the materials or trademarks without the prior written permission of Cape Value.
    3. As a user of the Website, you are granted a limited license to use (display or print) one electronic or paper copy of the information posted on any page of this Website provided that the copy is used only for non-commercial, personal purposes and, in each and every case, provided that any such copy is not modified and remains protected by all copyright, trademarks, service marks and other proprietary notices contained on this Website and by any laws regulating same. You shall be fully responsible for any consequences resulting from such use as contemplated in this paragraph 4.3 Any other use of the content of the Website as contemplated herein is prohibited and none of the information posted on this Website may be reproduced, republished or re-disseminated in any manner or form.
    4. Without limiting the generality of the aforegoing, any participant in any one of Cape Value’s e-learning courses acknowledges that all ownership in and to the copyright and other intellectual property relating to such courses belongs to Cape Value and/or one of its consultants and any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of such material or any component of such material will constitute an infringement of such copyright and other intellectual property rights.
  5. Electronic Communications
    1. When you visit the Website or send e-mails to us, you are communicating with Cape Value electronically. You consent and agree to receive communications from Cape Value electronically.
    2. You agree that all agreements, notices, disclosures and other communications that Cape Value provides to you electronically satisfy any legal requirement that such communications be in writing.
  6. Hyperlinks
    1. No person, business or website may link to any page on this Website without the prior written permission of Cape Value. In an attempt to provide increased value to Cape Value’s users and customers, Cape Value may provide links to other websites or resources.
    2. You acknowledge and agree that Cape Value is not responsible for the availability of such external websites or resources, and Cape Value does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or any of the content (including, but not limited to, misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. A link to another website should not be construed to mean that Cape Value is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other websites. The mention of another party or its product or service on the Website should not be construed as an endorsement of that party or its product or service.
    3. These websites or resources are used by you entirely at your own risk.
  7. Governing law
    This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
  8. Privacy Policy
    1. Cape Value is committed to protecting your privacy. All the information gathered on the Website will not be used by Cape Value for anything other than that which is stated in these Conditions. The information will not be sold or made available by Cape Value to any third party.
    2. The Website may collect certain information about your visit, such as (without limitation) the name of the internet service provider and the internet protocol (IP) address through which you access the internet; the date and time you access the Website; the pages that you access while at the Website and the internet address of the website from which you linked directly to Cape Value’s Website. This information is used to help improve the Website, analyze trends, and administer the Website.
    3. Cape Value may need to change this policy from time to time in order to address new issues and reflect changes on our Website. Cape Value will post those changes here so that you will always know what information Cape Value gathers, how Cape Value might use that information, and whether Cape Value will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about Cape Value’s privacy policy, please contact Cape Value by e-mail. By using this Website, you signify your acceptance of this privacy policy. If you do not agree to this policy, please do not use the Website. Your continued use of the Website following the posting of changes to these terms will mean that you accept those changes.
    4. Notwithstanding the aforegoing, the Internet is not a secure medium and privacy cannot be ensured. Cape Value will not be responsible for any damages you or any third party may suffer as a result of any unauthorised interception of this Website.
  9. Cookie tracking
    1. The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected using cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
    2. Aggregate cookie and tracking information may be shared with third parties.
  10. Disputes
    1. In the event of any dispute of any nature arising between the parties on any matter provided for in, or arising out of these Conditions, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.
    2. Nothing in this clause 10, however, shall prevent either party from from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
  11. Disclaimer
    1. Cape Value or any of its agents or representatives shall not be liable for any damage, injury, loss or liability of any nature, whether direct or indirect, arising from your use or inability to use this Website or any other cause relating to the services or content provided from and through this Website. Furthermore, Cape Value makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted and error free.
    2. This Website is supplied on an “as is”, “as available” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility as the user and customer to satisfy yourself prior to entering and using this Website that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software and/or computer and banking systems.
    3. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Cape Value and you are encouraged to consult professional advisors before taking any course of action related to information, ideas or opinions expressed on this Website.
    4. Whilst every effort is made to ensure that all information provided on the Website does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
    5. All information submitted to Cape Value via the Website shall be deemed and remain the property of Cape Value and Cape Value shall be free to use, for any purpose, any idea, concepts, know-how or other techniques contained in the information provided to Cape Value through the Website or sent through e-mail. Cape Value shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by Cape Value or required by law.
    6. For the purposes of this clause, Cape Value shall include Cape Value’s affiliates and Cape Value’s and its affiliates’ respective directors, officers, employees, agents and contractors. This clause shall survive the termination or expiry of these Conditions.
  12. Miscellaneous
    1. These Conditions including, without limitation, any other Conditions that may appear on the Website contain the full understanding with respect to your use and access of the Website and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website.
    2. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified or excised in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect.
    3. The failure of Cape Value to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right.
  13. Termination
    Cape Value reserves the right, at its sole discretion, to terminate your access to all or any part of this Website, or to terminate this Website (with or without notice).
  14. Reservation of rights
    All rights not expressly granted in these terms are reserved to Cape Value.