1. Nature of website contents
Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects. Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Colourfield will not be liable for any inaccuracy in the calculation. Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Colourfield provides a link to a third party website does not necessarily mean that Colourfield endorses, authorises, or sponsors that website, or that Colourfield is affiliated to such website’s owners or sponsors. The content or information displayed on the Colourfield website or any third party website which may be accessed through links provided on the Colourfield website is not intended to serve as “advice” but is merely presented as information. Before making any decision or taking any action based on any information displayed on the Colourfield website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.
2. No warranties
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Colourfield does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
3. Restricted use
Unless otherwise specified, all information, products, and services displayed on or accessed through the website are for your personal and non-commercial use only. You may not –
- Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website – unless you have Colourfield’s prior written authorisation;
- Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
- Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Colourfield’s image or impair its ability to do business;
- Use the website in a manner that could damage, disable, overburden, or impair any Colourfield server, or network connected to any Colourfield server, or interfere with any other party’s use of the website;
- Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a Colourfield server or any other part of the Colourfield information system. Any attempt, whether successful or unsuccessful to interfere with the information displayed on the Colourfield website or to gain access to information or any part of the Sanlam information system to which you are not authorized is unlawful and constitutes an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002.
- Create a link from another website to the website or any of the web pages which constitute the website without Colourfield’s prior written authorisation;
- Frame the website or any of its pages without Colourfield’s prior written authorisation.
4. Electronic transactions, communications, and records
When you visit the website or send email to Colourfield you consent to receiving communications from Colourfield electronically. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Colourfield satisfy any legal requirement that such communications should be in writing.
- You accept the risks inherent in electronic communication in whatever form.
- You acknowledge and agree that Colourfield, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Colourfield will constitute rebuttable proof of the content of the records.
- Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of Colourfield.
5. Investor login
If you subscribe to a service provided on the website you may be required to choose a user id and/or password. You are entirely responsible for –
- Maintaining the confidentiality of your password;
- All activities that occur in your account, either with or without your knowledge;
- Notifying Colourfield immediately of any unauthorised use of your user id and/or password or any other breach of security;
- For losses incurred by Colourfield or a third party due to someone other than you using your user id and/or password.
7. No liability
Colourfield will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website by you.
8. Intellectual property rights
The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Colourfield. As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Colourfield or the licensor’s prior written permission.
Colourfield reserves the right to –
- Refer any breach to the police if such breach constitutes a crime;
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
10. Jurisdiction and applicable law
Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa. Any claim arising from –
- The use or inability to use the website;
- An application for, and the rendering of a service or providing of a product, Is subject to the laws of the Republic of South Africa – in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence. All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.
To obtain authorisation from Colourfield as provided for herein, please address the request to email@example.com