Legal and Policies
Unless the context indicates otherwise, the following terms shall have the following meanings:
- "these Conditions" means these Website Terms and Conditions;
- "Cadiz" means Cadiz Collective Investments Ltd (Registration No. 2004/032263/06);
- "Cadiz Group" means the companies which collectively comprise the Cadiz Group, including Cadiz, its subsidiaries and all entities which it controls, it is controlled by or which are under common control with it;
- "Unique PIN number" means a unique personal identification number selected by the User for purposes of obtaining access to personal investment information and conducting investment transactions via the Website;
- "Service" means the Cadiz Client Online Services, which functionality allows Users access to the Website to view their unit trust investment statements;
- "User" means an Investor who has been authorised by Cadiz to Use the Service and "Use" shall mean use of the Service by the User;
- "Investor" means any person who has purchased an investment from Cadiz; and
- "Website" means this website.
2. Application of these Conditions
- These Conditions are binding and enforceable against all website users, including the Users, who access and/or make use of this Website or any part thereof.
- At present, the Service applies only to South African Unit Trust Funds, however, Cadiz shall, in its sole discretion, have the right to alter the list of products included as part of the Service from time to time without notification to the User.
- Parties to all transactions in connection with the Service shall be the User and Cadiz. No other party including any entity within the Cadiz Group shall be a party to any such transaction nor shall such other party bear any obligations to the User and the User shall not have any rights against such other parties in respect of such transactions.
3. Money Laundering
Cadiz is required by anti-money laundering legislation, to verify the identity of and to obtain certain information from prospective clients. Users will be required to give such information as is required by the relevant legislation prior to making use of the Service.
Should Cadiz be required by law to obtain further information of concerning Users, at
any time during the course of the Service, this information shall be provided promptly by such User
upon Cadiz’s request, failing which Cadiz reserves the right to terminate the Use of the Service by the
User without notice.
4. Intellectual Property
- Use of this Website is entirely at the User's own risk and the User shall assume full responsibility for any risk or loss resulting from the Use of this Website or reliance on any information on this Website.
- Users are prohibited from using any content, trademarks and data on this Website, which includes but is not limited to software, designs and databases as protected by copyright ("Copyright Material"), without first obtaining the written consent of the owner of such Copyright Material. All Copyright Material on this website is the property of Cadiz or is licensed to Cadiz and is protected from infringement by South African and international laws.
Any content downloaded from this Website may only be used for personal, non-commercial purposes and no further reproduction or any form of distribution is allowed.
5. Suspensions and termination of the Service
Cadiz shall have the right, within its sole discretion, to suspend or terminate the Service to any or some or all Users at any time without notice and without providing reasons for such suspension or termination.
- While Cadiz takes every reasonable care to ensure that transactions relating to the Service are conducted in a secure environment, Cadiz does not guarantee, the security of the Service or any transactions.
- Cadiz shall not be liable to any User in respect of any loss damage, claims or costs arising from the interception, monitoring, modification or other interference with communications or transactions between a User and Cadiz.
- Users shall be responsible for the Use of the Service with the User’s Unique Username, Unique PIN number and password, irrespective of whether the User has authorised a third party or permitted access to the User’s Unique Username, Unique PIN number and password. Cadiz shall not be liable for any loss or damage arising from the unauthorised use of a User's Unique Username, Unique PIN number and password.
- In the event that a User becomes aware of a breach of the confidentiality of the User’s Unique PIN number or password, this shall be immediately communicated to Cadiz in writing. The User will be required to select a new Unique PIN number or password.
- Users are obliged to log-off from the Service before exiting from a session. Failure to log-off could result in unauthorised transactions for which Cadiz will not be held liable.
- Cadiz may, in its sole discretion, and for any reason, require Users to change their Unique PIN number and/or password. Upon request by Cadiz, such User will be obliged to change their Unique PIN number and/or password.
- Cadiz shall have the right to accept that all instructions apparently emanating from a User are the instructions of a User provided that the correct Username, Unique PIN number and password have been given and Cadiz shall not be liable for any loss or damage arising from unauthorised use of a User's Unique PIN number or password.
Cadiz will use all reasonable endeavours to ensure the confidentiality of any personal information provided to Cadiz by the User but no guarantee is given that personal information or transactions concluded on this Website will be confidential or secure. Such personal information will not be disclosed to any third parties outside the Cadiz Group unless Cadiz is legally compelled to do so or it is under the consent of the User, or where it is believed in good faith, that disclosure is required under law, to co-operate with regulators or law enforcement authorities, to perform necessary credit checks or collect or report debts owed to Cadiz, to protect its rights or property, or to disclose information on reasonable request by the unit trust fund in which the User has invested.
- Information contained on the Website is updated at 09h00 on every Monday. Due to the nature of the information posted, it becomes outdated rapidly. Users are therefore cautioned to independently verify the correctness of information contained on the Website that may have become outdated. Whilst every effort is made to represent accurate financial and technical information on an ongoing basis, inadvertent errors and typographical inaccuracies may occur. Cadiz accepts no liability and/ or responsibility for any inaccuracy, errors, omissions or misinterpretations and accepts no liability or responsibility for any loss or damage, whether direct, indirect or consequential in nature, suffered by any User or Investor arising out of or in connection with the any User’s or Investor’s access to, or use of the Website and any content therein. Cadiz uses various third parties to supply part of the information contained on the Website. The receipt of such information is dependent on such third parties and complex infrastructures for delivery over which Cadiz has no control. Cadiz shall not be liable for losses of any nature arising out of delays or failures in the delivery of such information.
- Where information consists of pricing or performance, the data contained therein has been obtained from company reports, financial reporting services, periodicals and other sources believed to be of a reliable nature. Although carefully verified, data computations are not guaranteed. Cadiz makes no representations, warranties or guarantees about the accuracy or correctness of such information and shall not be liable either directly or indirectly for any damages or losses which may arise from the User’s reliance on such information.
- Users are urged to obtain professional advice before acting upon the information supplied.
- Cadiz reserves the right to alter and update information from time to time, without prior notification on the Website, in order to correctly reflect such information. The information made available on the Website should not in any way be construed to be financial, investment, retirement or legal advice.
- The Use of this Website is entirely at the User's own risk.
- The Website may contain links to third party websites with information and material produced by other parties, Cadiz does not control such linked websites and Cadiz is not responsible for their contents or the contents of any further links contained in linked sites.
- Whilst Cadiz shall use its best endeavours to ensure that the Website and Service are continuously available subject to planned downtime for maintenance purposes, some unplanned downtime is possible from time to time. Cadiz accepts no liability for any loss, damage, costs or expenses suffered by any User or any other person as a result of any downtime or unavailability of the Website or Service, irrespective of its cause.
- In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that Cadiz shall not be liable for any loss of profit, business, anticipated savings, goodwill or any other loss or damage, direct or indirect, special, consequential or otherwise, sustained by the User arising from any cause whatsoever, including gross negligence and wilful or fraudulent misconduct, whether as a result of any breach of this Agreement by Cadiz or any act or omission on the part of Cadiz or its employees, or whether caused directly or indirectly by the Service or the use thereof and the User indemnifies Cadiz in respect of any such liability.
- Save as specifically provided for herein, Cadiz gives no warranties express or implied, whether arising by operation of law or otherwise, with regard to the Service or any information provided on its Website.
9. Applicability of Information and Services
- Cadiz reserves the right to amend all information regarding the products and services offered including these Conditions from time to time without notification to the User. By accessing the Website, the User will be bound by the latest version of these Conditions as published on the Website.
- The information contained in these pages does not constitute an offer or an invitation to use the Service in any jurisdiction where such offer or invitation is unlawful, or any jurisdiction in which Cadiz is not qualified to make such offer or invitation, or to persons to whom it is unlawful to make such offer or invitation. Users and Investors resident outside the Republic of South Africa are advised to consult legal and/or investment specialists before making Use of the Service.
- Users and Investors are cautioned that the products, services and information displayed on the Website have been developed within the South African legislative, tax and financial framework, and hence may not necessarily be appropriate or fall within the legal framework of other countries.
All Use of the Service, transactions and interactions conducted through the medium of this Website, whether in whole or in part, shall be subject to South African law and only South African courts shall have jurisdiction to hear disputes arising there from or from these Conditions.
Should any of these Conditions be held to be invalid, unlawful or unenforceable, such conditions shall be severable from the remaining conditions which shall continue to be valid and enforceable.
These Conditions will supersede all other terms and conditions submitted by the User, and all and any written and oral communications between the parties.
If a User commits any breach of these Conditions or Uses the Services or in any other manner interacts with the Website in an unlawful or unauthorised manner, Cadiz shall take appropriate legal action against such User, which includes the right to terminate the delivery of the Service to the User immediately without prior notice, without prejudice to Cadiz’s other rights in terms of these Conditions or at law. In the event of the User committing any breach of these Conditions or in the event of Cadiz being required to take any legal action, the User agrees and undertakes to pay Cadiz’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.
11. Transmission of Information
Information transmitted via the Internet, including e-mail, is susceptible to unlawful access or monitoring. Users shall bear all risk of transmitting such information in this manner and under no circumstances will Cadiz be liable for any loss, harm or damage suffered by them as a result thereof. Cadiz reserves the right to request independent verification of any information transmitted via the Website or e-mail.
12. Dispute Resolution
All transactions and interactions conducted by the medium of this Website, whether in whole or in part, shall be subject to South African law and only South African courts shall have jurisdiction to hear disputes arising there from or from these Conditions.