Terms & Conditions for Fin24

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1.1 We, (Media24 Limited, acting through our Fin24 division), are the owners of this website.

1.2 Fin24.com is a portal that offers financial information, calculators, tools and news articles on both a free and subscriber-only basis. The site also offers a search engine service, and various other secondary services, for example advertising, blogging and chat services.

1.3 By using any of our services you agree that you have read, understand and are bound by the terms and conditions set out in herein, regardless of how often you use these services.

1.4 We are a member of:

1.4.1 the Internet Service Provider Association ("ISPA") whose details can be found here: http://www.ispa.org.za and we subscribe to the ISPA code of conduct that can be found at: http://www.ispa.org.za/code/code_of_conduct.shtml; and

1.4.2 the Online Publishers Association of South Africa whose details can be found here: http://www.online-publishers.org.za/.

1.5 The Terms and conditions that apply to our services are set out below.

2.1 We provide you with a licence to view, copy, download and print the content of this website, under the following conditions:

2.1.1 such content is (subject to 2.2. below) used for personal, educational and/or non-commercial purposes only; and

2.1.2 any reproduction of content from the Fin24 website includes the following copyright notice: Fin24 ©.

2.2 Content from the Fin24 website shall not be used or exploited for any commercial and non-private purposes without our prior written consent.

2.3 You may only access and use the Fin24 website for purposes that are lawful.

2.4 Use of the content from the Fin24 website in electronic clipping services or personalized news services shall only be allowed if such electronic clipping service or personalized news service:

2.4.1 provides a short summary of the contents of the article and does not reproduce the whole article, as it appears on the Fin24 website;

2.4.2 acknowledges Fin24 as the source of the content;

2.4.3 provides a correct and working hyperlink to the source of the content or article on the Fin24 website;

2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Fin24 website; and

2.4.5 includes the date upon which the content was sourced from the Fin24 website in the summary of the content.

2.5 You may quote small and reasonable amounts of content available from the Fin24 website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.

2.6 No person may frame the Fin24 website, in any manner, without the prior written consent of Fin24.

2.7 Apart from bona-fide search engine operators and use of the search facility provided on the Fin24 website by you, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Fin24 website for any purposes, without our prior written consent.

3.1 If any person uses content from the Fin24 website in breach of the provisions detailed herein:

3.1.1 we reserve the right to claim damages from such a person; and

3.1.2 we will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.

3.2 In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that Media24 shall not be liable for any other loss or damage, direct or indirect, special, consequential or otherwise, sustained by you or your agents or assigns arising from any cause whatsoever, including gross negligence and wilful or fraudulent misconduct, whether as a result of any breach of the provisions of these terms and conditions by Media24 or any act or omission on the part of Media24 or its employees, or whether caused directly or indirectly by the services or the use thereof, and you indemnify Media24 in respect of any such liability.

3.3 Any person who commits any of the offences detailed in sections 85 to 88 of the Electronic Communications and Transactions Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Fin24.

4.1 You own the copyright to the information you post. Please note, however, that when you post content on Fin24's website, you expressly grant Fin24 and all its relevant partners, an unlimited and royalty-free licence to republish and/or sell the post as part of an edited compilation or otherwise.

4.2 All intellectual property on the Fin24 website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Fin24 and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to you as set out in point 2, all other rights to intellectual property on the Fin24 website are expressly reserved.

4.3 “Fin24” is a registered trademark and you agree not to use the Fin24 trademark or the “24” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so you will immediately cease to use such domain name and transfer it to Media24 Ltd at your own cost.

5.1 We expressly reserve the right, in our sole and absolute discretion, to do any of the following, at any time without prior notice to you:

5.1.1 change these terms and conditions; or

5.1.2 change the content and/or services available from the Fin24 website; or

5.1.3 discontinue any aspect of the Fin24 website or service(s) available from the Fin24 website; and/or

5.1.4 change the software and hardware required to access and use the Fin24 website.

6.1 We may provide hyperlinks to websites not controlled by us and such links do not imply any endorsement, agreement on or support for the content of such target sites.

6.2 We do not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

7.1 We will take reasonable steps to secure the information provided by and collected from you from unauthorized access and/or disclosure. However, we do not make any warranties or representations that the content shall be secure.

7.2 We are under no legal duty to encrypt any content or communications from and to the Fin24 website nor to provide digital authentication of any page on the Fin24 website.

7.3 You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Fin24 website or the server and computer network that support the Fin24 website.

7.4 Any person who delivers any damaging code to the Fin24 website, howsoever caused, hereby without any limitation, indemnifies and holds Fin24 harmless against any and all liability, damages and losses which we may suffer as a result of such damaging code.

8.1 You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Fin24 website to us and we undertake to correct and/or remove such content or any part thereof if you provide us with reasonable grounds to prove the alleged nature of the content.

8.2 If such content is located on a third party site to which we provide a hyperlink, we undertake to use reasonable endeavours to remove such hyperlink.

9.1 The Fin24 website is hosted, controlled and operated from the Republic of South Africa. For this reason the South African law enforced by the South African courts will govern the use or inability to use the Fin24 website, its content, services and these terms and conditions.

9.2 Alternative dispute resolution: Subject to the right to approach a court of competent authority for urgent and/or interim relief, all disputes regarding:

9.2.1.1 access to the Fin24 website;

9.2.1.2 the inability to access the Fin24 website;

9.2.1.3 the services and content available from the Fin24 website; or

9.2.1.4 these terms and conditions shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be down loaded from the following website: http://www.arbitration.co.za.

9.3 The language used during the dispute resolution process will be English.

9.4 If we fail to exercise or enforce any right or provision found in this terms and conditions, shall in no way constitute a waiver of such right or provision.

10.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, you agree to give us the right to intercept, block, filter, read, delete, disclose and use all communications send or posted by you to the Fin24 website or our staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

11.1 These terms and conditions constitute the entire agreement between us and you and will take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by us from you.

11.2 If we fail to exercise or enforce any right or provision it will in no way constitute a waiver of such right or provision.

11.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

12.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, we, Media24 Ltd, acting through our Fin24 division (including our employees, suppliers, network operators, partners, affiliates and agents), shall not be liable to you for any damage, loss or liability of any nature howsoever incurred including any loss or damage resulting from:

12.1.1.1 access to the Fin24 website;

12.1.1.2 access to websites linked to the Fin24 website;

12.1.1.3 inability to access websites linked to the Fin24 website;

12.1.1.4 content available on the Fin24 website;

12.1.1.5 services available from the Fin24 website;

12.2 The Fin24 website is supplied to you on an "as is" basis and has not been compiled to meet your individual requirements. It is your responsibility to satisfy yourself that the content and services available from and through the Fin24 website meet your individual requirements and is compatible with your computer hardware and/or software.

12.3 Information, ideas and opinions expressed on the Fin24 website should not be regarded as professional advice or our official opinion and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Fin24 website.

12.4 This website is directed primarily at people in the Republic of South Africa and therefore we will not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.

12.5 We source content from various third parties e.g. newspapers, news agencies, market sources and freelance journalists and do not editorially control the content provided by such third parties and we only serve as an electronic distribution platform for such third party content. Therefore we will not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Fin24 website not created by us or our employees.

12.6 We do not make any warranties or representation that content and services available from the Fin24 website will in all cases be true, correct or free from any errors. Howsoever, we will take all reasonable steps to ensure the quality and accuracy of content available from the Fin24 website.

12.7 We do not make any warranties or representations that the Fin24 website will be available at all times. You acknowledge that the Fin24 website may be unavailable due to updates or other causes beyond our reasonable control, including, but not limited to virus infection, power failure or other “acts of God”.

12.8 Hyperlinks to the Fin24 website from any other source shall be directed at the home page of the Fin24 website. We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Fin24 website, if such content was accessed through a hyperlink not directed at the home page of the Fin24 website. Persons that wish to link to content beyond the home page of the Fin24 website shall do so at their own risk and undertake to indemnify us against any loss, liability or damage that may result from content on the Fin24 website, if such content was accessed through a hyperlink not directed at the home page of the Fin24 website.

12.9 Where information consists of pricing or performance data, the data contained therein has been obtained from inter alia McGregor BFA, company reports, financial reporting, periodicals and other sources believed to be reliable and, although carefully verified, any data computations furnished in that regard by us are not guaranteed by us and may not be complete.

12.10 The information contained on this website does not constitute accounting, legal, financial, consulting investment or other professional advice and before acting on such information, you should obtain specialist professional advice in that regard.

12.11 You bear all the risks from any uses or results of using any information and are solely responsible for validating the integrity of any information received from the website.

12.12 In many cases, we provide services of third parties such as ThinkMoney, or we provide our services in conjunction with that of third parties.

12.12.1 In those cases, the following conditions apply:

12.12.1.1 we provide such services subject to the terms, conditions and limitations imposed by those third parties;

12.12.1.2 if those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the Services to the user without notice. We may nevertheless endeavour to provide such a service in another way or by using another third party;

12.12.1.3 you authorise us to provide any of your personal information to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you; and

12.12.1.4 to the extent that there is a conflict between the third party’s terms and conditions and the our terms and conditions, our terms and conditions will prevail.

12.12.2 When you acquire goods, software or any other services from a third party through any of our services, you understand and agree that:

12.12.2.1 we are not a party to the contract between you and the third party;

12.12.2.2 we are under no obligation to monitor the third party service used by you;

12.12.2.3 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;

12.12.2.4 you will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and

12.12.2.5 you indemnify us against any damages howsoever arising from your acquisition and use of the goods, software or service.

12.12.3 We also reserve the right to reject or refuse any third party service used by you in conjunction with our service.

13.1 We, Media24 Limited, acting through our Fin24 division, will take all reasonable steps to protect your personal information.

13.2 Personal information means personal information as defined in the Promotion of Access to Information Act, 2000.

13.3 We collect, store and use personal information for the following purposes:

13.3.1 to greet you when you access the Fin24 website;

13.3.2 subject to your consent, inform you of facts relating to your access and use of the Fin24 website;

13.3.3 subject to your consent, inform you about competitions and special offers from us and/or our partners / affiliates;

13.3.4 to provide you with targeted advertising when you access the Fin24 website or the websites of Fin24 partners / affiliates; and

13.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Fin24 website.

13.4 The information detailed above is collected electronically by using cookies or is provided voluntarily by you when subscribing to the Fin24 website. You may determine cookie use independently through your browser settings.

13.5 We own and retain all rights to non-personal statistical information collected and compiled by us.

14.1 Maintaining the secrecy of your username and password is entirely your own responsibility and you are advised to keep them in a safe place and not make them known to any third parties.

15.1 You may post your personal opinions, messages and ideas to the Fin24 website and discussion forums available on the Fin24 website.

15.2 You undertake not to post, transmit or link any content or material to the Fin24 website, or its partners websites, that –

15.2.1 may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful;

15.2.2 that you do not have right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationship (as in nondisclosure agreements);

15.2.3 sexually explicit;

15.2.4 impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with anyone or entity; and/or

15.2.5 intentionally violate any other applicable law or regulation;

15.2.6 while accessing and using our site or a partner's site and we reserve the right to remove such content;

15.3 You are not allowed to collect or store personal data about other users.

15.4 We do not editorially control your postings and will not be liable, in any manner whatsoever, for such postings. However, we do reserve the right, in our sole discretion, to filter any profanity or any other offensive content.

15.5 You indemnify and hold us harmless against any liability, claim, damage or loss that may result from your posting(s) to the Fin24 website.

16.1 You agree that:

16.1.1 you will be bound to these term and conditions and that such agreement is concluded in Cape Town [Note – Needs to be confirmed] at the time you enter the Fin24 website for the first time or immediately after you indicated your consent as required during the “Sign me in” process;

16.1.2 data messages (as defined in the ECT Act) addressed by you to us shall only be deemed to have been received by us if we respond thereto;

16.1.3 data messages (as defined in the ECT Act) addressed to you by us will be deemed to be received by you when the notice is capable of being accessed by you;

16.1.4 data messages (as defined in the ECT Act) addressed by the user to us will be deemed to have been created and sent by you from within the geographical boundaries of South Africa;

16.1.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between you and us; and

16.1.6 you agree and warrant that data messages that are sent to us from a computer, IP address or mobile device normally used by or owned by you, was sent and/or authorized by you personally.

17.1 If you enter into an agreement with us for the use of a service for a fixed term, you may not terminate that agreement before the end of the fixed term.

17.2 In all other cases, you may terminate this agreement by merely refraining from using the service.

17.3 The termination of this agreement will not affect any of our rights that:

17.3.1 arose before termination; or

17.3.2 by their nature survive termination.

17.4 We reserve the right to stop or suspend your subscription should your account become inactive. We will notify you of such intended action at the e-mail address associated with your userID. Should we terminate your account on this basis, the username associated with your account may be given to another subscriber.

17.5 We reserve the right, in our sole and absolute discretion and without prior notification, to terminate the provision of the Fin24 website and/or to terminate your access right where, for example and without limitation:

17.5.1 we regard your action or inaction to constitute a breach of these terms and conditions;

17.5.2 we regard your action or inaction to constitute abuse of the services offered through this website; or

17.5.3 events beyond our reasonable control, including technical failures, prevent the continuing provision of the Fin 24 website.

18.1 The nature of the services rendered to you is provided in the form of information and not product based and you will not have the right to return any service bought from the Fin24 website.

18.2 You may lodge complaints concerning the Fin24 website with us, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.

19.1 Please note that, in order to subscribe to certain services, or to procure certain goods or services from us, you are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to you at the time you proceed to transact.

19.2 By subscribing to or using a service for which a fee is charged you:

19.2.1 agree to pay the relevant service charges on the due date therefor, in the specified manner, regardless of whether you use the service or not. Generally, recurring service charges shall be payable monthly in advance by debit order on the first day of each month; and

19.2.2 authorise us to perform a credit check at any time as we deem fit and provide your personal information (as defined in our Privacy Policy) to a credit bureau for this purpose.

19.3 All service charges are payable in advance and non-refundable.

19.4 You shall pay the monthly service fee by means of a debit order, free of exchange and bank charges. In such event, you agree to sign a debit order authority in favour of us and any other documents necessary to give effect to such debit order.

19.5 You hereby authorise us to instruct your banker, as notified by you in the Registration form, to debit your bank account periodically with all amounts due and payable by you to us in terms of this Agreement. Alternatively, credit card payments will be accepted.

19.6 This authorisation shall apply to any bank with which you may in future have a bank account.

19.7 Save in the event that we waive our right to receive payment by debit order, you shall not withdraw the debit order authority without substituting a new debit order authority in its place, and then only upon not less than 20 (twenty) days prior written notice of your intention to withdraw the debit authority and replace it with a new one.

19.8 If you fail to pay a debit order or other amount for any reason when due, we may:

19.8.1 suspend your subscription to or use of a service;

19.8.2 terminate your access to the services, and claim any amounts due to us.

19.9 You will not withhold payment of any amount due to us by reason of any alleged breach of these terms by us, or for any other reason nor apply set off in respect of any amount due to us.

19.10 If required by law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.

19.11 Unless stated otherwise, all service charges exclude value-added tax.

19.12 We may charge you an additional re-connection service charge if you request us to restore any service, which was terminated, either at our instance or yours.

19.13 We are entitled to change the service charges from time to time.

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