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1. Moneyweb is operated by Moneyweb Limited and they and their licensors know and respect that you care how information about you is used and shared. Moneyweb appreciates your trust that we will do so carefully and sensibly.
2. By registering on Moneyweb websites, you are accepting the conditions and practices described.
3. Moneyweb Ltd is the proprietor of a website (and intellectual property thereto) known as “Moneyweb” in the Republic of South Africa.
4. Moneyweb is an online publication that publishes content. Moneyweb solicits comments and reviews on certain content posted to the Moneyweb site/s. These comments and reviews can then be accessed and read by other Moneyweb users. For the purposes of this Privacy Policy, a “user” is defined as someone using the Moneyweb website.
5. By using Moneyweb, you permit the collection and use of your personal information as outlined below in the Privacy Policy. You should visit this page periodically to review any changes to the Privacy Policy.
6. When/if you voluntarily disclose personal identifiable information (e.g. user name, e-mail address) via profile set-up, newsletter subscription, posting of comments and/or reviews, or in other areas of the Moneyweb website, that information, along with any substantive information disclosed in your communication, may be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. These activities are beyond the control of Moneyweb. E-mail addresses collected during the posting/submission of comments/reviews (from the relevant fields in the form) will not be published on the website. Please do not post any personal information on the Moneyweb website or in other areas that you expect to keep private.
7. As a registered Moneyweb user, you can modify your personal information at any time by accessing the “My Profile” section of the Moneyweb site.
8. Upon your request, Moneyweb will remove you and your personal information from our records; however, it may be impossible to remove your entries as they may have created additional relevant content or legal obligations. Registered users who wish to delete their registration should do so by emailing help@moneyweb.co.za.
9. Information Moneyweb and/or its licensors and/or associates collects:
9.1. User submitted account information such as name and email address to identify you and may send you notifications related to the use of the service;
9.2. User submitted location information such as city, state, or area code;
9.3. User submitted reviews, opinions, experiences and ratings of businesses and/or service providers;
9.4. Advertiser submitted advertisements, photos, logos, specials, reviews, opinions and/or incentives to contact their businesses;
10. Some information collected is not explicitly submitted by the user as Moneyweb logs your browser-type related information, IP address, requested URL, referring URL, and timestamp.
11. How Moneyweb Uses Your Information
11.1. If you so choose, Moneyweb will use your email address to send you newsletters, alerts and other email, but you may choose not to receive email of this type by accessing the “My Profile” tab of the Moneyweb website and updating your subscription settings, and by accessing the portfolio tools and changing your alert options there. Should you need assistance in doing this, email help@moneyweb.co.za.
11.2. Browser-type related information, IP address, requested URL, referring URL, and timestamp data help Moneyweb diagnose problems with the Moneyweb systems, administer Moneyweb, and otherwise provide the highest possible level of service to you. Moneyweb may also use this information to perform statistical analysis of user behavior and characteristics in order to measure interest in and use of the various areas of the Moneyweb website and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on, their advertising banners.
11.3 At all times Moneyweb strives to collect only data which is strictly necessary. You may request access to all your data at any time, by emailing help@moneyweb.co.za.
12. Transfer of Information
12.1. Moneyweb and/or its licensors and/or associates will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoenas, court orders, or other legal processes.
12.2. Moneyweb and/or its licensors and/or associates may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.
12.3. Moneyweb and/or its licensors and/or associates reserves the right to transfer your personal information in the event of a transfer of ownership of Moneyweb or its business. In such an event, Moneyweb will notify you before information about you is transferred and becomes subject to a different privacy policy.
13. Links
13.1. The Moneyweb website may contain links to third party websites to which Moneyweb has no affiliation. Moneyweb does not share your personal information with those websites and is not responsible for their privacy practices. Moneyweb suggests you read the privacy policies on these third party websites.
14. Use of Cookies
14.1. Like most websites, Moneyweb requires cookies to function properly. Cookies are small text files that reside on a user’s computer and identify you as a unique user. Moneyweb uses cookies to refine the Moneyweb website, store the user’s location-specific information and simplify the user experience. You should be aware that Moneyweb cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features (e.g. customised delivery of information) available on the Moneyweb website. Read our Cookie Policy for more information on the cookies we use and how to disable cookies.
15. Security
15.1. Your Moneyweb website membership is password-protected. Please do not under any circumstances offer to share this password with Moneyweb staff. Moneyweb will never request your password from you.
15.2. Moneyweb tries very hard to protect the Moneyweb website users’ information.
15.3. Moneyweb limits the access to your information to those employees who need access to perform their job function such as customer service personnel.
15.4. If you have any questions about the security at the Moneyweb website, please contact Moneyweb.
15.5. Although Moneyweb takes appropriate measures to safeguard against unauthorised disclosures of information, Moneyweb cannot assure you that personal identifiable information that Moneyweb collects will never be disclosed in a manner that is inconsistent with this Privacy Policy.
15.6. You hereby acknowledge that is not responsible for any intercepted information sent via the internet, and you hereby release and indemnify Moneyweb from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.
16. Terms and Modifications to this Privacy Policy
16.1. By using the Moneyweb website, you signify your agreement to the terms of the Privacy Policy. If you do not agree with these terms, you should not use the site. Moneyweb may modify this Privacy Policy at any time. If a material change is made to this Privacy Policy and/or the way Moneyweb uses users’ personally identifiable information, then Moneyweb will post a prominent notice of the nature of such change on the first page of this Privacy Policy (accessible from the “Terms of Use” link at the bottom of the site). You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the site indicates your assent to any changes to this Privacy Policy.
17. Currency
17.1. All transactions are processed in South African Rands.
18. Contacting Moneyweb
18.1. If you have any questions about this Privacy Policy, the privacy practices of this Moneyweb website, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact:
Moneyweb’s Physical Address:
Oxford Office Park
5 8th Street
Houghton Estate
2198
Moneyweb’s Postal Address:
PO Box 8,
Melrose Arch,
2076
Telephone number: +27 (0)11 344 8600
Fax number: +27 (0)11 344 8601
Email: privacy@moneyweb.co.za
We only collect information about you if we have a reason to do so — for example, to provide our services, to communicate with you, or to make our services better. We collect this information from contact forms if and when you provide information to us and automatically through operating our services:
We ask for basic information from you in order to set up your account. We require individuals who sign up for a Moneyweb.co.za account to provide an email address and password, along with a username and full name.
You may provide us with information when you respond to surveys, communicate with our support desk, post a question to our editors, or sign up for a newsletter. When you communicate with us via completing a form, sending an email, or post a comment, we store a copy of all our communications.
We collect information about you during the checkout process on our store.
While you visit our site, we’ll track location, IP address and browser type: we’ll use this for purposes like estimating taxes;
We’ll also use cookies to keep track of cart contents while you’re browsing our site.
When you purchase from us, we’ll ask you to provide information including your name, billing address, email address, phone number and payment details. We’ll use this information for purposes, such as, to:
– Send you information about your account and order;
– Respond to your requests, including refunds and complaints;
– Process payments and prevent fraud;
– Set up your account for our store;
– Comply with any legal obligations we have, such as calculating taxes.
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
Our website administrators have access to the following information to help fulfill orders, process refunds and support you:
– Order information like what was purchased and when it was purchased, and
– Customer information like your name, email address, and billing information.
We accept payments through PayFast, Ozow and Snapscan. When processing payments, some of your data will be passed to these payment gateways, including information required to process or support the payment, such as the purchase total and billing information. We do not store or have access to your credit card/banking details.
1. OWNERSHIP AND WARNING
1.1 This web site is owned and operated by Moneyweb (Pty) Limited and their associates and/or licensors.
1.2 The use of the Moneyweb website (“Moneyweb”) is offered to you on the condition that you read, understand and accept all of the following terms and conditions (“these Conditions”), including the Moneyweb website Privacy Policy (at the top of this page).
1.3 By clicking “I Accept” when registering on this website, you will be deemed to have read, understood and accepted these Conditions. Acceptance by you and your use of the Moneyweb website will bind you to these Conditions. If you do not wish to accept these Conditions, do not click “I Accept”.
2. DEFINITIONS
2.1. In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
2.1.1. “Moneyweb” means Moneyweb, operated by Moneyweb Limited and Moneyweb and their associates, companies incorporated in accordance with the company laws of the Republic of South Africa;
2.1.2. “Conditions” means all of the terms and conditions set out hereunder;
2.1.3. “Content” includes, but is not limited to, information, data, text, sound, photographs, graphics, video, messages and other materials available via the Moneyweb Service;
2.1.4. “Licensee” means a licensee, partner or agent of Moneyweb, if any, or the Moneyweb website;
2.1.5. “Postings” includes, but is not limited to, comments, opinions, reviews, postings, blogs, pictures and other content posted via the Moneyweb Service;
2.1.6. “Privacy Policy” mean the Moneyweb website Privacy Policy;
2.1.7. “Moneyweb site” or “Moneyweb website” means the Moneyweb website located via Moneyweb’s website and/or such other website as may be determined by Moneyweb from time to time, including but not limited to any Licensee’s website and includes all linked pages owned and operated by Moneyweb;
2.1.8. “You” means you, the person who will use, uses, or wishes to apply to use, the Moneyweb website and “Your” shall have a corresponding meaning.
3. PRIVACY POLICY
3.1. Before accessing the Moneyweb website, you must READ the Privacy Policy.
3.2. You must not access or continue to use the Moneyweb Website if you do not agree with the Privacy Policy.
3.3. Access to and your use of the Moneyweb Website constitutes your acceptance of the Privacy Policy.
4. CAPACITY
4.1. By accessing and using the Moneyweb site and or Moneyweb website, you represent and warrant that you have the right, authority, and capacity to register and be bound by these Conditions.
4.2. The use of the Moneyweb website or service is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Moneyweb site and or Moneyweb service.
5. ABOUT THE MONEYWEB WEBSITE
5.1. Moneyweb services are available exclusively through the Moneyweb website.
5.2. The Moneyweb service will, among other things:
5.2.1. offer you news, opinions, announcements and multimedia;
5.2.2. allow you to post and share opinions, reviews and experiences of your own for other Moneyweb site users;
5.2.3. allow you to view commercial content, including but not limited to directory listings of financial advisors.
6. MONEYWEB MAY REVIEW/DELETE POSTINGS
6.1. Moneyweb and/or its Licensees reserve the right (but not the obligation) to review, delete, edit, reject or remove (at its sole and absolute discretion), any Postings, any Content that violates these Conditions or business listings (including business name, address, phone, fax, distance, reviews, rating).
6.2. Moneyweb and/or its Licensee is not required to provide reasons for its decision to review, edit, reject and/or delete Postings or business listings.
7. POSTINGS
7.1. You acknowledge that you are solely responsible for any Postings that you publish, communicate or display on the Moneyweb website or transmit to other users.
7.2. The opinions expressed in the Postings do not reflect the opinions of Moneyweb or any of its Licensees and/or associates and Moneyweb and its Licensees and/or associates do not accept any liability for the content included in the Postings nor are they responsible or liable for its accuracy or reliability.
7.3. You acknowledge and agree that you will evaluate and bear all risks associated with the use and publication of any Postings, including any reliance on the content, integrity, and accuracy of these Postings.
7.4. Moneyweb, the Licensee or other licensors reserves the right, but have no obligation, to monitor disputes between you and any person or entity which you have reviewed, or that is included in your Postings.
7.5. You grant to Moneyweb and its Licensees, and you represent and warrant, that you have the right to grant, Moneyweb and its Licensees, contractors, associates and other users of the Moneyweb website, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, publicly perform, digitally perform, publicly display, and distribute your Postings and to prepare derivative works of, or incorporate into other works, such Postings in all formats and in any manner, media or format now known or hereafter devised.
8. PROHIBITED POSTINGS AND REGISTRATION DETAILS
8.1. When submitting your Postings in any form whatsoever or when providing details for your registration:
8.1.1. You must not remove any copyright, trademark or other proprietary rights notices contained in or on the Moneyweb website and or Moneyweb service;
8.1.2. You must not edit, change, modify or create versions of Moneyweb logos or other trademarks.
8.2. Your Postings must not contain:
8.2.1. Content that includes any profanity, vulgarity, obscenity, hate speech or threat;
8.2.2. Content that is (or could be reasonably expected to be) defamatory, racist, offensive, an invasion of privacy, pornographic, contains sexually explicit material, or otherwise objectionable or unlawful;
8.2.3. Content that incites or perpetuates hatred against or vilifies any person or group on the basis of age, ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability;
8.2.4. personal information about another individual without their permission;
8.2.5. material that may harass another person;
8.2.6. Content that is not an original work in which you own all rights (including copyright);
8.2.7. Content that falsely expresses or implies that the material is sponsored or endorsed by Moneyweb, Moneyweb service, the Moneyweb website, the Licensee, other licensors or associates;
8.2.8. Content which you know or should reasonably have known is misleading, deceptive or false;
8.2.9. Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
8.2.10. Content that is (or could be reasonably expected to be) advertising or commercial in nature;
8.2.11. Content promoting or encouraging illegal activity;
8.2.12. advice of any kind in relation to tax, law, finance or other such advice of a professional nature; or
8.2.13. Content that is not in English or such other language as may be determined by Moneyweb from time to time.
8.3. You must not:
8.3.1. affect the way Moneyweb, Moneyweb service, the Moneyweb website, the Licensee’s site, other licensors or associates displays its pages, including, but limited to, placing pop-up windows over its pages or by framing blogs;
8.3.2. use web bugs or tracking technologies like sitemeter or Human Click, Using java, JavaScript, ActiveX or cookies;
8.3.3. use files or publish processes that might interfere with or pose a threat to the operation of the system or to the security of other users;
8.3.4. provide any Content containing Trojan horses, viruses, worms, cancelbots, time bombs or other computer programming routines that might damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
8.3.5. edit, modify or customize the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites in a way that might affect or adversely affect the display of any advertising or promotional links on these sites and pages;
8.3.6. modify, adapt, translate, or reverse engineer any portion of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites;
8.3.7. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites and/or pages other than the engine provided;
8.3.8. take any action that imposes, or may impose in Moneyweb’s sole discretion, an unreasonable or disproportionately large load on Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites and/or IT infrastructure;
8.3.9. use the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene;
8.3.10. use the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites, intentionally or unintentionally, to violate any applicable local, state, national or international law;
8.3.11. collect information to access the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites without their written consent;
8.3.12. copy or store any Postings or Content offered on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites other than for your own use;
8.3.13. collect any information about other users, including, but not limited to, their username, email address or password;
8.3.14. share your password with another party;
8.3.15. create more than one account;
8.3.16. re-establish an account on Moneyweb after your registration has been terminated;
8.3.17. submit misleading or false information to Moneyweb or the Moneyweb website;
8.3.18. impersonate another person by entering, selecting or using that person’s name, User ID or email address;
8.3.19. recreate user accounts by automated means or under false or fraudulent pretenses;
8.3.20. use email tools (such as “Email this page”) to send spam or use advertisements, paid links, affiliate marketing, or any other form of link spam;
8.3.21. speak on behalf of the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites by describing yourself as a Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites employee or use said business letterhead or logo’s on any material without written consent from the said entities.
9. TERM
9.1. These Conditions will remain in full force and effect every time you use the Moneyweb website, Moneyweb service, the Licensee site, and other licensors or associates sites.
10. OWNERSHIP
10.1. Except for Postings submitted by users, the Moneyweb website, Moneyweb service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Moneyweb, the Licensee or other licensors.
10.2. As the Moneyweb website, Moneyweb service and any underlying technology or software used in connection with the Moneyweb website and Moneyweb service contains Moneyweb’s proprietary information, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites in whole or in part without written consent of said businesses unless expressly permitted in Moneyweb and said business policies and procedures made available via the Moneyweb service.
10.3. Except as expressly and unambiguously provided herein, Moneyweb, the Licensee and its suppliers do not grant you any express or implied rights and all rights in the Moneyweb service are retained by Moneyweb website, Moneyweb service, the Licensee site, and other licensors or associates sites.
11. CHANGES TO THE AGREEMENT OR THE MONEYWEB SERVICE
11.1. These Conditions, the Moneyweb website and the Moneyweb service may be modified by Moneyweb at any time without prior notice, and such modifications will be effective upon Moneyweb posting of the new Conditions and/or upon implementation of the new changes on the Moneyweb website.
11.2. You agree to review the Conditions periodically so that you are aware of any modifications.
11.3. Your continued use of the Moneyweb website and or Moneyweb service after any modifications indicates your acceptance of the modified Conditions.
11.4. Unless expressly stated by Moneyweb, any new features, new services, enhancements or modifications to the Moneyweb website and Moneyweb service implemented after your initial access to the Service shall be subject to these Conditions.
12. SECURITY AND REGISTRATION
12.1. In order to use or access some of the Moneyweb service you will be required to register with Moneyweb and to select a password and user name, which shall consist of an email address of own and user ID (“User ID”).
12.2. Your registration details would be kept secure and private and will not be used for any other purpose other than as a user of the Moneyweb website to use the Moneyweb website and Moneyweb service (Refer to the Privacy Policy).
12.3. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password.
12.4. You agree to immediately notify Moneyweb, Moneyweb services and/or the Licensee of any unauthorized use of your User ID or password;
12.5. You must ensure that you exit from your account at the end of each session.
12.6. By using the Moneyweb services and/or Moneyweb website pursuant to these Conditions, you agree that Moneyweb may for security reasons and subject to the existing privacy laws, “intercept” and “monitor” (as defined in the Regulation of Interception of Communications and Provision of Communication-Related Information Act No 70 of 2002) any communication that you make or receive through your use of the Moneyweb services and/or Moneyweb website. You agree that the consent given in terms of this clause constitutes written consent as contemplated in the Electronic Communications and Transactions Act No 25 of 2002 as amended and any other applicable legislation.
13. TERMINATION
13.1. You must provide Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites with accurate, true, complete, and updated registration information and failure to do so will constitute a breach of these Conditions and may result in immediate termination of your registration.
13.2. Moneyweb may, at its sole discretion, refuse to register or, cancel or terminate your registration and User ID if Moneyweb considers, at its sole and absolute discretion, that you have breached any of these Conditions.
14. COPYRIGHT
14.1. All data included on the Moneyweb website, Moneyweb service, the Licensee site, other licensors or associates sites such as text, graphics, logos, button icons, images, data compilations, and software (“data”) is the property of said businesses or its content suppliers and protected by international and/or applicable national copyright laws.
14.2. The compilation of all data on the Moneyweb website is the exclusive property of Moneyweb or its affiliates and protected by international and/or applicable national copyright laws.
14.3. All software used on the Moneyweb website is the property of Moneyweb, its affiliates, or its software suppliers and protected by international and/or applicable national copyright laws.
14.4. You must not distribute, sell, rent, sublicense or lease any information or data obtained from the Moneyweb website and/or Moneyweb service.
15. TRADEMARKS
15.1. Moneyweb graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Moneyweb and/or Moneyweb are the authorised users of same.
15.2. Moneyweb’s trademarks and trade dress may not be used in connection with any product or service that is not Moneyweb’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Moneyweb.
15.3. All other trademarks not owned by Moneyweb, the Licensee or its affiliates that appear on the Moneyweb website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moneyweb, the Licensee or its affiliates.
16. COPYRIGHT DISPUTE POLICY
16.1. Moneyweb has adopted the following general policy toward copyright infringement:
(i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Moneyweb’s advertisers, affiliates, content providers, users; and
(ii) remove and discontinue service to repeat offenders.
16.2. Procedure for Reporting Copyright Infringements. If you believe that Content, material or Postings residing on or is accessible through the Moneyweb website or Moneyweb service infringes a copyright, please send a notice of copyright infringement containing the following information to the address listed below. This infringement notice must include:
16.2.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
16.2.2. identification of works or materials being infringed;
16.2.3. identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Moneyweb is capable of finding and verifying its existence;
16.2.4. contact information about the notifier including address, telephone number and email address;
16.2.5. a statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and
16.2.6. a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
16.3. Once an Infringement Notification is received by Moneyweb, it is policy:
16.3.1. to remove or disable access to the infringing material;
16.3.2. to notify the provider of the material or user that it has removed or disabled access to the material and that repeat offenders will have the infringing material removed from the system and that Moneyweb will terminate such provider’s or user’s access to the service;
16.4. If the provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the provider or user must send a counter-notice containing the following information:
16.4.1. a physical or electronic signature of the provider or user;
16.4.2. identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
16.4.3. a statement that the provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4. the provider’s or user’s name, address, telephone number, and, email address and a statement that such person or entity consents to the appropriate jurisdiction of the courts for the district in the Republic of South Africa in which the provider’s or user’s address is located, for any district in which Moneyweb is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
16.5. If a counter-notice is received by Moneyweb, Moneyweb may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Moneyweb’s discretion. Please contact Moneyweb to Receive Notification of Claimed Infringement at the following email address: help@moneyweb.co.za. Moneyweb reserves the right to change the email address from time to time.
17. LIABILITY
17.1. You acknowledge and agree that Moneyweb, Moneyweb services and the Licensee will not, under any circumstances, be liable for any loss or damage of any kind incurred in relation to the Moneyweb website, as a result of your use in any way of the Moneyweb website including any Postings or Content.
17.2. You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Moneyweb website and/or Moneyweb service, it is solely between you and the applicable third party. Moneyweb and the Licensee have no liability, obligation or responsibility for any such activity and/or published comments/Content on the Moneyweb website. You hereby release and indemnify Moneyweb and the Licensee from all claims arising from such activity.
17.3. Moneyweb and the Licensee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moneyweb’s or the Licensee’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
17.4. Without limiting the foregoing, Moneyweb, the Licensee, affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, Moneyweb’s and the Licensee’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Moneyweb or the Licensee, as the case may be, for the Moneyweb service in the 12 months prior to the action giving rise to liability.
18. INDEMNITY
18.1. You agree to indemnify and hold Moneyweb and the Licensee, parent companies, subsidiaries, licensors, affiliates, officers and employees, harmless from any claim or demand, including all expenses and legal costs, made by any third party due to or arising out of (i) your access to and use of the Moneyweb website, (ii) your use of the Moneyweb service and the Content provided by you, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
19. DISCLAIMER
19.1. The Moneyweb website is provided by Moneyweb on an “as is” basis. Moneyweb and its licensors, Licensees and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Moneyweb website, Moneyweb service or the information, Content, Postings, materials, or products included on the Moneyweb website or in association with the Moneyweb service.
19.2. To the fullest extent permissible by applicable law, Moneyweb and its licensors, Licensees and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
19.3. Moneyweb, its licensors, Licensees and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Moneyweb website. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Moneyweb is not responsible for the conduct of any user of the Moneyweb website.
19.4. Moneyweb does not warrant or covenant that the Moneyweb service will be available at any time or from any particular location, or will be secure or error-free, or that defects will be corrected or that the Moneyweb service is free of viruses or other potentially harmful components. If defects are identified Moneyweb will endeavor to correct them.
19.5. Any material or Content downloaded or otherwise obtained through the use of the Moneyweb website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Moneyweb, the Moneyweb website or through or from the Moneyweb service shall create any warranty not expressly stated herein.
20. MISCELLANEOUS
20.1. If there is any dispute about or involving the Moneyweb website and/or the Moneyweb service, by using the Moneyweb website, you agree that the dispute will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.
20.2. You agree to personal jurisdiction by and venue in the courts of the Republic of South Africa.
20.3. No agency, partnership, joint venture, or employment is created as a result of these Conditions and you do not have any authority of any kind to bind Moneyweb or the Licensee in any respect whatsoever.
20.4. Moneyweb may provide you with notices, including those regarding changes to the Conditions by email, regular mail or postings on the Moneyweb service.
20.5. These Conditions, accepted upon use of the Moneyweb website or Moneyweb service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Moneyweb regarding the use of the Moneyweb website and/or the Moneyweb service.
20.6. The failure of Moneyweb or the Licensee to exercise or enforce any right or any of these Conditions will not constitute a waiver of such right or Condition.
20.7. If any Condition is found to be unenforceable or invalid, that Condition shall be limited or eliminated to the minimum extent necessary so that the balance of these Conditions shall otherwise remain in full force and effect and enforceable.
20.8. This Agreement is not assignable, transferable or sub licensable by you except with Moneyweb’s or the Licensee’s prior written consent.
20.9. You acknowledge that electronic signature, encryption and/or authentication is not required for valid electronic communications between you and Moneyweb.
20.10. The section titles in these Conditions are for convenience only and have no legal or contractual effect.
21. PREMIUM MEMBERSHIP / SUBSCRIPTIONS
21.1 The annual subscription:
21.1.1 Includes a 365-day membership from date of purchase and is refundable within 7 days of purchase.
21.1.2 Yearly renewals of the subscription will be automatically processed if the user does not cancel the subscription before the renewal date.
21.2.1 The monthly subscription (new signups after 1 March 2023):
21.2.1.1 Is a fixed fee of R70 per month and valid from the day of payment until the same day of the following month.
21.2.1.2 Monthly renewal orders will be processed on the same day of the month from when payment was made.
21.2.1.3 A monthly subscriber will only regain access to the membership benefits and features as soon as the R70 renewal order is paid.
21.2.1.4 Monthly payments are non-refundable as the subscription can be cancelled at any time.
21.2.2 The monthly subscription (signups before 1 March 2023):
21.2.2.1 Is a fixed fee of R63 per month and valid from the 1st day of the month until the last day of the month. It is not to be mistaken for 30 days access from the date of payment.
21.2.2.2 The first transaction is charged pro-rata and calculated based on the day of the month of subscribing. This includes a R5 once-off sign-up fee.
21.2.2.3 Thereafter, monthly renewal orders are processed on the 1st of every month for the amount of R63.
21.2.2.4 A monthly subscriber will only regain access to the membership benefits and features as soon as the R63 renewal order is paid.
21.2.2.5 Late payments for manual renewals will not be prorated based on the day of the month of payment. The monthly subscriber is responsible for making payment early in the month to enjoy a full month’s access to Moneyweb’s Insider Gold features and benefits.
21.3 Group subscription:
21.3.1 The group subscription option is only available for 5 user accounts or more, billed annually on one invoice.
21.3.2 A group subscription is only available for Insider Gold annual subscriptions and does not apply to monthly subscriptions.
21.3.3 Only the user accounts that were specified in the group subscription sign up process will be assigned premium access for 1 year.
21.3.4 Additional user accounts can be added on request, and will be billed pro rata for the remaining duration of the annual group subscription.
21.3.5 The premium access is only transferable to new user accounts once a year when the annual renewal is due.
21.3.6 Group subscriptions are non-refundable and will be billed on a recurring annual basis unless cancellation notice is received prior to the renewal date.
21.3.7 Each user account with premium access will have their own login details, and full access to all our content, market indicators and data tools.
21.3.8 Premium access can only be assigned to those with user accounts. Each user must create their own account by registering on moneyweb.co.za.
21.3.9 Sharing login credentials is strictly prohibited and may result in termination of the subscription.
21.4 Subscription payments:
21.4.1 Moneyweb’s subscriptions can only be purchased via one of our online payment gateways (PayFast, Paystack, Snapscan and Ozow). We do make exceptions for users who wants to pay for an annual subscription directly via EFT. They can contact us at help@moneyweb.co.za to assist.
21.4.2 Only PayFast and Paystack support debit orders, where Ozow and Snapscan require manual payments for monthly and yearly renewals.
21.4.3 If a subscription is purchased via PayFast or Paystack on checkout, the renewal orders will be automatically deducted via a recurring card payment (debit order). Should the debit order fail, our system will resubmit the debit order once within the following week. Moneyweb is not liable for any bank charges involved.
21.4.4 If a user do not want the subscription to auto-renew, the user must cancel the subscription before the renewal date or email us at help@moneyweb.co.za to assist.
21.5 Modifications To Products And Prices
21.5.1 Prices for our products are subject to change without notice.
21.5.2 We reserve the right at any time to modify or discontinue the membership service (or any part or content thereof) without notice at any time.
21.5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the membership service.
21.6 All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
21.7 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the membership service will be corrected.
21.8 Any use by you of our tools and data offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
21.9 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions
21.10 We do not guarantee, represent or warrant that your use of our membership service will be uninterrupted, timely, secure or error-free.
21.11 We do not warrant that the results that may be obtained from the use of the membership service will be accurate or reliable.
22. INSIDER PRO / CLICK AN ADVISOR
22.1 Only advisors at registered FSPs may apply.
22.2 Renewals of the subscription will be automatically processed should the user not cancel the subscription before the next renewal date.
22.3 If a user fails to make payment for the renewal of their Insider Pro subscription, their advisor profile and access to their dashboard analytics will be removed within 14 days of when payment is due.
22.4 If the subscription is cancelled, their Click an Advisor profile will be removed from all listings. Any articles published by the advisor will remain, however their byline won’t be clickable and the photo and logo will be removed.
22.5 Moneyweb reserves the right (but not the obligation) to review, delete, edit, reject or remove (at its sole and absolute discretion), any content submitted by advisors that violates our terms and conditions.
22.6 Group subscriptions:
22.6.1 The group subscription discount only applies to the 6-month and 12-month subscription options for five user accounts with advisor profiles or more.
22.6.2 The group subscription option is billed on one invoice.
22.6.3 Only the user accounts and advisor profiles that were specified in the group subscription sign up process will be included for the duration of the paid-for term.
22.6.4 Additional user accounts can be added on request, and will be billed pro rata for the remaining duration of the group subscription.
22.6.5 The subscription and advisor profile is only transferable to new user accounts when the renewal term is due.
22.6.6 Group subscriptions are non-refundable and will be billed on the agreed recurring basis unless cancellation notice is received prior to the renewal date.
22.6.7 Each user account with an advisor profile will have their own login details and access to their stats.
23. CONTACT AND VIOLATIONS
Please contact Moneyweb with any questions regarding these Conditions. Please report any violations of the Conditions to privacy@moneyweb.co.za or such other address as may be provided by Moneyweb from time to time. Click here to download terms and conditions for advertisers
Moneyweb’s Physical address:
AME Office Park, 5
8th Street
Houghton Estate
Johannesburg
South Africa
2198
Moneyweb’s Postal Address:
PO Box 3014
Houghton
Johannesburg
2041
Telephone number: +27 (0)11 344 8600
Fax number: +27 (0)11 344 8601
Email: privacy@moneyweb.co.za
You can cancel at any time.
