Nic Frangos (“Frangos”) shall permit use of this Web site subject to the terms and conditions below (“the Terms and Conditions”). By using this Web site in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Web site if you do not agree to the Terms and Conditions. It should be noted that the use of different parts of this Web site may be subject to additional terms and conditions as indicated on that part of the Web site.
2. Information on this Website is not advice and should not be relied on by you
2.1 The material contained on this Web site is for information only and does not constitute advice or a recommendation of any nature.
2.2 You must not enter into any transactions, make any investments, make decisions of any nature, including, without limitation, any financial or investment decisions, or incur any loss or liability based partly or wholly on any information contained in or displayed on this Web site or on any Web site to which this Web site may provide a link. You should always obtain independent expert advice prior to making any investment or other decisions.
2.3 To the extent that information displayed on this Web site relates to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, you acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way.
3. The information on this Website may be changed and does not necessarily reflect Frangos’ views
3.1 Any views or statements made or expressed on this Web site are not necessarily the views of Frangos, his employees, servants and/or agents.
3.2 Any of the information, services or products on this Web site may be changed by us without notice.
4. General Disclaimer
4.1 While Frangos attempts to ensure that the contents of this Web site are accurate and complete, Frangos makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Web site or as to the accuracy, completeness or reliability of any information on this Web site.
4.2 Any person who relies on this Web site or on the information contained in this Web site does so at their own risk.
4.3 Frangos also makes no warranty or representation, whether express or implied, that the information or files available on this Web site are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network or your hardware or software.
4.4 Frangos does not accept any responsibility for any errors or omissions on this Web site.
5. Exclusion of liability and indemnity
Frangos, his employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the Web site or any linked Web sites, even if Frangos has been advised of the possibility of such loss, expense, claim or damages. You hereby indemnify Frangos, his employees, servants and agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this Web site.
6. Intellectual Property Rights
The contents of this Web site, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Frangos and/or third parties. Any unauthorised use of the contents, information or materials on this Web site is prohibited.
7. Links to and from this Web site
7.1 Frangos, his employees, servants and/or agents does not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on, any Web site to which this Web site provides a link.
7.2 Despite the fact that this Web site may refer to or provide links to other Web sites, your use of such other Web sites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Web sites or your reliance on any information contained in such other Web sites.
7.3 You are not permitted to link or “deep link” to this Web site or to “frame” any part of this Web site, without the written permission of Frangos.
8. Your behaviour when using this Web site
8.1 You may not use this Web site to obtain or distribute:
8.1.1 copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner of the intellectual property rights in such material;
8.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
8.1.3 material which is defamatory, unlawful or contains hate speech; or
8.1.4 bulk e-mail, whether solicited or unsolicited.
8.2 You must not interfere with or jeopardise the functionality or the operation of any part of this Web site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Web site.
8.3 You are strictly prohibited from using this Web site for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”.
8.4 You may not intercept any information transmitted to or from Frangos or this Web site.
8.5 You must respect other users of this Web site at all times.
9. Changes to the Terms and Conditions
Frangos reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice. Any such change will only apply to your use of this Web site after the change is accessible and may be viewed on this Web site. If you use this Web site after such updated or amended Terms and Conditions have been made accessible or can be viewed on this Web site, you will be deemed to have accepted such updates or amendments.
10. Use of chat rooms, bulletin boards and discussion fora
10.1 You agree not to hold Frangos, his employees, servants and agents liable for any advice, statements or opinions given through the use of any chat rooms, bulletin boards and/or discussion fora accessible on or through this Web site (collectively referred to as “user fora”) that may be inaccurate, misleading or deceptive in any manner.
10.2 The views expressed in user fora are not those of Frangos, his employees, servants and agents but reflect the views and opinions of the individual users that use this Web site. By using any of the user fora, you agree to use them for lawful purposes only, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of others. This includes conduct that is unlawful; which may harass or cause distress or inconvenience to any person; obscene; or offensive language or disruption of normal flow of dialogue. Frangos reserves the right to monitor, intercept, control and review all postings by users. Users who do not comply with this Terms and Conditions will be banned from this forum.
10.3 Frangos, his employees, servants and agents cannot be held liable for any damages whatsoever, which may arise out of the use of the user fora. You agree that you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from the content of the user fora.
10.4 Although Frangos reserves the right to edit or remove any content in its sole discretion, Frangos is unable to exercise editorial control over content posted, distributed or displayed by you or a third party to this Web site or to any user for a prior to such content appearing on this Web site or user fora. Furthermore, under no circumstances can Frangos guarantee the removal of inappropriate or unlawful content after such content is posted, distributed or displayed to this Web site or user fora. Frangos does not review postings or information displayed on user fora for truth or accuracy
10.5 In addition to the restrictions detailed above regarding your use of this Web site or of user fora, you may not use user fora to:
10.5.1 post, distribute or display unauthorised material or non-public information about any entity or person;
10.5.2 post, distribute or display material or content that is protected by intellectual property law;
10.5.3 post, distribute or display content that you are prohibited from transmitting in terms of non-disclosure agreements or contracts;
10.5.4 post, distribute or display content that contains explicit language or graphics or is of a sexual nature;
10.5.5 post, distribute or display content that may be viewed as being of a threatening, harassing, or offensive nature in regards to any other individual or entity;
10.5.6 post, distribute or display any material in an attempt to mislead others;
10.5.7 attempt to manipulate the market or price of any product, financial instrument or of any stock;
10.5.8 the impersonation of or false affiliation with any person or entity;
10.5.9 unsolicited advertising or any forms of solicitation;
10.5.10 post, distribute or display statements that may be constituted as offers to buy or sell any security;
10.5.11 make “off-topic” statements for a designated user forum;
10.5.12 attempt to encourage users to become affiliated or to do business with competitors of Frangos; or
10.5.13 post, distribute or display content that violates any applicable local, international or foreign rule or law.
10.6 Frangos reserves the right to reproduce, disclose, transmit and publish any data or information transmitted, posted, distributed or displayed by you through the use of this Web site or to any of the user fora, as Frangos deems necessary and in its sole discretion. Frangos further reserves the right to freely use ideas, concepts, know how or techniques contained in such data or information.
11. Governing Law & Jurisdiction
These Terms and Conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.
12. Termination and Amendments
Frangos may in its sole discretion terminate, suspend and modify this Web site and/or your use of this Web site, with or without notice to you. You agree that Frangos will not be liable to you in the event that it chooses to suspend, modify or terminate this Web site or your use of this Web site.
If any one or more of the provisions of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby and shall continue in full force and affect.
14. Interpretation In the Terms and Conditions:
14.1 the headings of clauses shall not be used in the interpretation of the Terms and Conditions;
14.2 unless inconsistent with the context, words or phrases which are defined shall bear the meaning assigned to them;
14.3 unless inconsistent with the context, words referring to:
14.3.1 one gender include a reference to the other genders;
14.3.2 the singular include the plural and vice versa;
14.3.3 natural persons include artificial persons and vice versa.