TERMS AND CONDITIONS
1. Introduction
This website WWW.AKTIV8ZA.COM (the website) is owned and operated by AKTIV8ZA Proprietary Limited (AKTIV8ZA), a company registered in South Africa with company registration number 2022/401686/07. The following terms and conditions, which include our privacy policy (collectively the terms of use), govern the relationship between you, AKTIV8ZA (the “Company”) and its affiliates and subsidiaries in the use of the website. By using the website, you are agreeing to comply with and be legally bound by the terms of use, and you provide your express consent for your personal information to be dealt with on the terms of the privacy policy.
2. Content
The website is intended to provide general information regarding AKTIV8ZA and its products and services and is not intended to, nor does it constitute, investment or other professional advice. Before making any investment decision or taking any action that might affect your personal finances or business, you should consult your own professional advisors.
3. Restrictions on use
You may print a single copy of the material contained in the website for you own non-commercial use. The reproduction, redistribution, alteration and transmission of any material or information contained in the website are strictly prohibited. You must not use the material for commercial purposes without first obtaining the express written authority of AKTIV8ZA. You may not remove any copyright, trademark or other intellectual property right notice contained in the material. You may not use the material from the website in any manner or for any purpose which is unlawful or in any manner which violates any right of AKTIV8ZA. To the extent allowed by law, you hereby indemnify AKTIV8ZA against any and all claims arising from the use by third parties of any material from the website that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these terms of use. Under the above wording, you indemnify AKTIV8ZA against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on you.
4. Registration and cancellation
Some areas of the website may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of the website (the “restricted areas”). It may be that a charge is payable to obtain access to the restricted areas, and if not, AKTIV8ZA reserves the right to introduce a charge for such access at any time. If such a charge is introduced, AKTIV8ZA may deny access to the restricted areas if you do not pay the relevant charges and comply with any further registration requirements that AKTIV8ZA may, in their discretion, decide to introduce from time to time. When you register for access to the restricted areas, you may be asked to provide certain personal details (“personal data”). AKTIV8ZA will only use the personal data in accordance with the privacy policy. The website may use cookies to verify the identity of users who have registered to access the restricted areas. For further information on this use of cookies, please see the privacy policy. AKTIV8ZA reserves the right to terminate your
registration to the restricted areas and to restrict your access to the website without notice at any time, provided that, to the extent that the exercise of such right affects your ability to receive or access any information, features or contents for which you have paid or are required to pay any consideration, AKTIV8ZA will use its reasonable endeavours to exercise such right on notice to you. You may cancel your registration with the website at any time by sending an email to [email protected].
5. Operation of the website
AKTIV8ZA reserves the right to suspend or terminate the operation of the website at any time for the purposes of support and maintenance or to update the information contained on the website. AKTIV8ZA is not obliged to give any notice of such termination or suspension.
6. Disclaimer
AKTIV8ZA endeavours to ensure the accuracy and reliability of the website and the content, materials and products included and available on the website, but because of the possibility of human and mechanical error as well as other factors, to the extent allowed by law, AKTIV8ZA does not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the website will be uninterrupted or error-free. AKTIV8ZA does not, in publishing adverts or materials on the website, endorse any products, advice or investment returns contained in these adverts, advice or investment return. To the extent allowed by law, you must be satisfied that you may lawfully access the website, read the pages and/or act upon the material contained in the pages, and AKTIV8ZA accepts no responsibility for your unauthorised access or actions in respect of these matters. The above wording will limit and excludes obligations, liabilities and legal responsibilities of AKTIV8ZA, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
7. Linking to and from the website
The website may contain links to third-party websites. These linked websites are not under the control of AKTIV8ZA and, to the extent allowed by law, AKTIV8ZA accepts no responsibility for or liability arising from access to, or the information provided on, any website which is linked from the website, or any hyperlink contained in a linked website. To the extent allowed by law, you link to any such website entirely at your own risk and liability. The above wording will limit and excludes obligations, liabilities and legal responsibilities of AKTIV8ZA, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
8. Copyright and trademarks
The works of authorship contained in the website, including, but not limited to, all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of AKTIV8ZA, its affiliates or third parties who have supplied information to the AKTIV8ZA and are protected by South African and international intellectual property laws and conventions. AKTIV8ZA reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a third party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the website without the prior written consent of AKTIV8ZA. You are not permitted
to use any of the trademarks displayed on the website without the prior written consent of the AKTIV8ZA or the third party that owns the trademark.
9. Privacy Policy
AKTIV8ZA takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service. AKTIV8ZA’s Privacy Policy, which is accessible by clicking on this link, is expressly incorporated by reference into these Terms of use and forms part of these Terms of use, explains the data processing practices of AKTIV8ZA insofar as it relates to the Website. We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control, but, to the extent allowed by law, AKTIV8ZA assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. Please see our Privacy Policy for further details. The above wording will limit and excludes obligations, liabilities and legal responsibilities of AKTIV8ZA, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
10. Applicable Law
This Website is created, hosted, maintained and controlled in the Republic of South Africa and as such you agree that the laws of the Republic of South Africa and the jurisdiction of the South African courts govern these Terms of use, any disclaimers, copyright and use statements contained in the Website, and any legal matter resulting from the use or inability to use this Website, without giving effect to any principle of conflict of laws. Notwithstanding the foregoing, AKTIV8ZA may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained in the Website.
11. Changes to these terms of use and the website
To the extent allowed by law, AKTIV8ZA may update these Terms of use from time to time and you are responsible for periodically reviewing the most current version on the Website. To the extent allowed by law, your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of use. The AKTIV8ZA reserves the right to change or delete any information, features or contents of the pages of the Website at any time and without notice. Notwithstanding the provisions of this section, to the extent that any such change or deletion relates to any information, features or contents for which you have paid or are required to pay any consideration, AKTIV8ZA will use its reasonable endeavours to exercise this right on notice to you.
12. Consumer Protection Act
If these Terms of use and/or any goods and/or services provided under these Terms of use are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time ("Consumer Protection Act"), it is not intended that any provision of these Terms of use contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms of use must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
