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Terms and Conditions

Jul 12 2012 13:41

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Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something please get us to explain it to you.

1 Definitions

  1. 1.1 “Acceptance Date” means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone.
  2. 1.2 “Activation Date”means the date on which FIN24 will give you access to and/or enable you to use a product or service;
  3. 1.3 “Agreement”means the agreement concluded between you and FIN24 in respect of the product or service contemplated in the Application Form which agreement will be exclusively governed by these general terms and conditions and the product specific terms and conditions applicable to the relevant product or service ("Product Terms") read together with the Application Form;
  4. 1.4 “Application Form” means the electronic document on which (inter alia) you selected your service or product of choice;
  5. 1.5 “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
  6. 1.6 “Business Hours”means the hours between 08h00 and 17h00 on a Business Day;
  7. 1.7 "CPA" means the Consumer Protection Act, 2008;
  8. 1.8 “ECT Act”means the Electronic Communications and Transactions Act, 2002;
  9. 1.9 “FIN24, we”, “us” and “our” means Fin24 a division of Media 24 Limited, its affiliates and subsidiaries;
  10. 1.10 “FIN24 Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of FIN24 whether registered or not;
  11. 1.11 “Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;
  12. 1.12 "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;
  13. 1.13 “Legal Notices Website” means http://www.fin24.com/legal;
  14. 1.14 “NCA” means the National Credit Act, 34 of 2005;
  15. 1.15 “Third Party Service Provider” means a third party who provides services to Subscribers via the Fin24.co.za website;
  16. 1.16 “Subscriber”, “you” or “Customer” means an user of any of our products or services;
  17. 1.17 “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of FIN24 including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service; and
  18. 1.18 “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991.
  19. 1.19 “Website” means www.Fin24.com;

2 Advertising

Fin24 editorial has no jurisdiction over advertising and does not endorse the views of any advertiser. Editorial content is completely independent and advertorial content will be clearly marked as such.

3 Commencement, Duration, Termination and Cooling-off

  1. 2.1 The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2
  2. 2.2 FIN24 may cancel the Agreement on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions.
  3. 2.3 Month to month agreements may be terminated by you on at least 2 (two) Business Days notice prior to the end of any calendar month save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.
  4. 2.4 Month to month agreements can be terminated by Fin24 on one calendar month's notice, save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.
  5. 2.5 Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to FIN24 as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to FIN24 have been paid in full, and we will be entitled to terminate the agreement at any time.
  6. 2.6 If the Agreement results from any direct approach to you by FIN24 or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to FIN24 without reason or penalty within 5 (five) Business Days of –
  7. 2.6.1 in the case of services only being provided in terms of the Agreement - the Acceptance Date; and
  8. 2.6.2 in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
  9. 2.7 For purposes of clause 2.6.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.

4 NCA and ECT Act

  1. 3.1 Although the Agreement is not a credit agreement as contemplated in the NCA, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that FIN24 may utilize the information provided by you including your personal information and request and receive information about you and your credit record (“Assessment Information”) from registered credit bureaus in order to determine whether you will be in a position to meet your obligations under the intended Agreement. FIN24 will be entitled to decline to activate a product or service that you apply for if FIN24 reasonably determines that you may not be able to meet your commitments under the Agreement.
  2. 3.2 FIN24 is entitled to perform these assessments each time you apply for a service or product.
  3. 3.3 The consumer protection provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper based transactions, e.g. where you apply for a service or product by completing an Application Form in writing.

5 Conditions of access

  1. 4.1 FIN24 will, unless it declines to activate the service as contemplated in clause 3.1, make the service available to you on the Activation Date.
  2. 4.2 FIN24 will, where relevant, issue a user name and password to you prior to the Activation Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password.
  3. 4.3 You agree that:
  4. 4.3.1 you will use your user name and password for your own personal use only;
  5. 4.3.2 you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
  6. 4.3.3 in the event that your password is compromised, you will immediately notify FIN24 and change your password;
  7. 4.3.4 you, as the holder of the user name and password, acknowledge you are solely responsible for all payments in respect of a service charged to your FIN24 account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your FIN24 account will be deemed to have arisen from (or relate to) your access to and/or use of a service;
  8. 4.3.5 you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
  9. 4.3.6 FIN24 also offers a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us.
  10. 4.3.7 unless such right is specifically and expressly provided to you in terms of any applicable Product Terms you will not, at any time, permit and/or initiate a simultaneous network log-in; and
  11. 4.3.8 you will not attempt to circumvent FIN24's user authentication processes or engage in attempts to access FIN24's network where not expressly authorised to do so.

6 Service Delivery, Service Availability

  1. 5.1 FIN24 will use reasonable endeavors to make its services available to its Subscribers, and to maintain the availability thereof for use by its subscribers. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
  2. 5.2 FIN24 will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.

7 Communication, Complaints Handling and Dispute Resolution

  1. 6.1 You agree that FIN24 may from time to time send you communications regarding (without being limited to) special offers or discounts which FIN24 may negotiate for and offer to its Subscribers, operational changes that may affect the services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.
  2. 6.2 Complaints must be submitted to FIN24 and will be dealt with by FIN24 in accordance with the provisions of this clause 7.
  3. 6.3 Any payment default by you arising from, or in connection with, any service or product rendered or provided by FIN24, will be excluded from the provisions of this clause, and FIN24 will be entitled to proceed to institute legal action against you.
  4. 6.4 Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 6.10 below.
  5. 6.5 Please direct all complaints to helpdesk@fin24.com. Your complaint should include the following:
  6. 6.5.1 your name and surname;
  7. 6.5.2 your subscriber number;
  8. 6.5.3 the date on which the complaint arose; and
  9. 6.5.4 a brief description of what gave rise to the complaint.
  10. 6.6 In the event of a billing complaint you should also include the following:
  11. 6.6.1 a copy of the bill concerned or the particulars thereof, e.g account number;
  12. 6.6.2 the reason for the dispute;
  13. 6.6.3 the amount in dispute; and
  14. 6.6.4 supporting information or documentation, if any.
  15. 6.7 FIN24 will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.
  16. 6.8 FIN24 will formally respond with a view to proposing a resolution of your complaint in writing within 14 (fourteen) working days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.
  17. 6.9 You may approach any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 6.10 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by FIN24.
  18. 6.10 Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
  19. 6.11 The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
  20. 6.12 The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

8 Payment

  1. 7.1 Billing will commence on the Activation Date.
  2. 7.2 You agree to pay all amounts due under this Agreement in consideration for a service or product in accordance with the Product Terms under which that service is rendered or that product is offered.
  3. 7.3 To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way of a direct debit order in favour of FIN24 (drawn against a current banking account nominated by you), or in such other manner as FIN24 may from time to time determine. You agree that:
  4. 7.3.1 FIN24 will be entitled and authorized to draw all amounts payable in terms of the Agreement from the account specified by you (or any other bank or branch to which it may be transferred);
  5. 7.3.2 the debit order will commence on the Activation Date and will continue and not be revoked until termination of this Agreement or until all amounts due and owing to FIN24 have been fully and finally discharged;
  6. 7.3.3 you will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause 8.3.
  7. 7.4 Your first bill may be for part of a month and you will be charged for the number of days left in the month in which you signed up
  8. 7.5 Should you fail to pay any amount on the due date for payment then FIN24 may, without prejudice to any of its other rights and remedies:
  9. 7.5.1 take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms;
  10. 7.5.2 suspend your access to the service or the use of any product without notice to you until such time as the outstanding amount has been paid in full; or
  11. 7.5.3 subject to clause 2, terminate this agreement with immediate effect.
  12. 7.6 If any changes are proposed to any terms of an agreement between FIN24 and a Third Party Service Provider which impacts on the provision of any services or products in terms of this Agreement, FIN24 shall subject to clause 2 above, be entitled to amend the terms, fees or charges for its services or products at any time on 30 (thirty) days notice to you as provided for in clause 22 below. The amendment will take effect on the date indicated in the notice.
  13. 7.7 FIN24 will use reasonable endeavors to inform you 3 (three) Business Days in advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.
  14. 7.8 To the extent that FIN24 incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for your account to the extent permitted by law.

9 Software

  1. 8.1 Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take all reasonable steps to protect such software or documentation from theft, loss or damage. You will be obliged to review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Agreement.

10 Security and Privacy

  1. 9.1 FIN24 will be entitled to take whatever action FIN24 may deem necessary and reasonable to preserve the security and reliability of its network.
  2. 9.2 You may not utilize any service in any manner which may compromise the security of FIN24's network, or any other network connected to FIN24’s network, or tamper with a service or such a network in any manner whatsoever.
  3. 9.3 FIN24 takes reasonable steps to secure your payment information. FIN24 uses a payment system that is in FIN24's reasonably opinion, sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
  4. 9.4 FIN24 will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our http://www.fin24.com/legal and in compliance with all relevant laws.

11 Intellectual Property Rights

  1. 10.1 You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.
  2. 10.2 You are prohibited from using any FIN24 Marks without the prior written approval of FIN24.
  3. 10.3 Other than as specifically provided in the product or service specific terms and conditions, FIN24 will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by FIN24, its network infrastructure, e-commerce network infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions.

12 Breach

  1. 11.1 Subject to any other provisions set out in these general terms and conditions or the Product Terms and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then FIN24 shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:
  2. 11.1.1 afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
  3. 11.1.2 suspend your access to a service;
  4. 11.1.3 cancel all agreements concluded between us; or
  5. 11.1.4 claim immediate performance and/or payment of all your obligations in terms hereof.

13 Indemnity

  1. 12.1 You hereby unconditionally and irrevocably indemnify FIN24 and agree to indemnify and hold FIN24 harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by FIN24 as a result of any claim instituted against FIN24 by a third party (other than you) as a result of (without limitation):
  2. 12.1.1 your use of our services or products other than as allowed or prescribed in the Agreement;
  3. 12.1.2 any other cause whatsoever relating to the Agreement or the provision of services or products to you where you have acted wrongfully or failed to act when you had a duty to so act.

14 No representations, warranties or guarantees and Limitation of liability

  1. 13.1 Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.
  2. 13.2 Without limiting the generality of the provisions of clause 13.2, FIN24 shall not be liable for and you will have no claim of whatsoever nature against FIN24 as a result of -
  3. 13.2.1 the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;
  4. 13.2.2 any unavailability of, or interruption in the service due to an Uncontrolled Event;
  5. 13.2.3 any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.
  6. 13.3 In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, FIN24 shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that FIN24 is liable to you for any damages, FIN24’s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.

15 Cession and Delegation

  1. You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of FIN24. FIN24 shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you provided that you are not unduly prejudiced as a result. “Affiliates” for this purpose includes FIN24’s holding company, the holding company(ies) of FIN24’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by FIN24 or are under common control with FIN24.

16 Jurisdiction

  1. You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by FIN24 arising out of this Agreement, provided that FIN24 shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 6 above.

17 Amendment of this agreement

  1. FIN24 reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

18 General

  1. 17.1 The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.
  2. 17.2 FIN24 is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with FIN24. This information is available on website.
  3. 17.3 You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.
  4. 17.4 No indulgence, leniency or extension of time which FIN24 may grant or show to you shall in any way prejudice FIN24 or preclude FIN24 from exercising any of its rights in the future.
  5. 17.5 In the event of a discrepancy between these Terms and Conditions and the Product Terms, the Product Terms will take precedence.
  6. 17.6 You warrant that as at the date of online application and registration, all the details furnished by you to FIN24 are true and correct and that you will notify FIN24 in the event of any change to such details.
  7. 17.7 All our terms and conditions can be accessed, stored, and reproduced electronically by you.
  8. 17.8 The physical address where FIN24 will receive legal service of documents/ domicilium citandi et executandi is the following: 11 on Adderley, Adderley Street, Cape Town.

19 International Data Sources

1. Dow Jones Indices

The Dow Jones Industrial and Dow Jones Utilities Indexes are proprietary to, and are calculated, distributed and marketed by, Dow Jones Opco, a subsidiary of S&P Dow Jones Indices LLC, and have been licensed for use.  Standard & Poor’s and S&P are registered trademarks of Standard & Poor’s Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”).   All content of the Dow Jones Industrial and Dow Jones Utilities Indexes  © S&P Dow Jones Indices LLC 20[1X].

2. FTSE

FTSE®”, "FT-SE®", "Footsie®", [“FTSE4Good®” and “techMARK”] are trade marks jointly owned by the London Stock Exchange Plc and The Financial Times Limited and are used by FTSE International Limited (“FTSE”) under licence. [“All-World®”, “All-Share®” and “All-Small®” are trade marks of FTSE.]
 
"The FTSE 100 is calculated by FTSE. FTSE does not sponsor, endorse or promote this product and is not in any way connected to it and does not accept any liability in relation to its issue, operation and trading.

3. Nikkei 225

© Nikkei Inc.
 
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