A. TERMS AND CONDITIONS OF USE
These terms and conditions apply to your use of the internet website located at www.phatisa.com (the “Website”). This is a legal agreement. It grants you certain rights and imposes certain obligations on you in connection with your use of the Website. You should read these terms and conditions carefully.
By accessing the Website (or any part of it) you agree that you have read and accept these terms and conditions including, without limitation, the exclusions and limitations of liability set out in paragraph 3.5.1 below. If you do not agree, do not use the Website.
The materials and information on this Website are communicated by Phatisa Group Limited (“Phatisa”) of Suite 501, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius, and is only to be accessed and viewed by (and any investment opportunities referred to in it are only available to) limited categories of persons in jurisdictions who satisfy certain criteria.
IMPORTANT INFORMATION FOR RECIPIENTS
1. SCOPE OF AGREEMENT
1.1 This agreement (the “Agreement”) governs your use of the internet website located at www.phatisa.com, which is made available to you by Phatisa Group Limited of Suite 501, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius (“us”, “we” or “our”) as a user (“you” or “your”).
1.2 There may be, in addition, further notices on the Website itself, which will operate in addition to the terms and conditions of this Agreement. All of these notices will be brought to your attention when you first visit the relevant section of the Website and you will be asked to accept them. If you do not accept them, you will not have access to all areas, information or services displayed on the Website.
1.3 The Website will be made available to you free of charge in consideration of your acceptance of the terms of this Agreement.
We reserve the right to make changes to this Agreement from time to time. Any changes to the Agreement will be posted here. SHOULD YOU CONTINUE TO USE THE WEBSITE AFTER CHANGES HAVE BEEN POSTED HERE, YOU WILL BE DEEMED TO HAVE ACCEPTED THEM.
3.1 Information published on the Website
3.1.1 The information published on the Website is provided for general information purposes only and should not be used as a basis for making investment or business decisions. Nothing contained on the Website constitutes or should be construed to constitute investment, legal, tax or other advice. We make no representation and give no warranties (express, implied or statutory) as to the accuracy, completeness or currency, or as to the fitness for any purpose of any of the information provided on the Website and it should not be relied upon as such. We accept no responsibility to update any information on the Website. You should always consult us through Phatisa, Suite 501, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius for further information before acting on any of the information published on the Website.
3.1.2 No information (including, without limitation, any information describing our investment portfolios) or opinion expressed in the Website is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by us or any of our related or affiliated companies to you or any person to buy, sell or otherwise deal in any particular investment, or otherwise make any investment or divestment or to engage in investment activity. In providing such information we are not issuing, promulgating or providing any financial or other advice to you or any person.
3.1.3 Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall as well as rise.
3.1.4 “Forward-looking statements” (which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, “continue”, or “belief”, or the negatives thereof, or other variations thereon or comparable terminology) and all statements of opinion and/or belief contained on the Website and all views expressed and all projections, forecasts or statements relating to expectations regarding future events or possible future performances may prove to be incorrect, and actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements.
3.2 Links to other Websites
3.2.1 You may be able to link to other websites which are owned and operated by third parties (“Third Party Websites”) from the Website by means of hyperlinks. Some of these Third Party Websites may be “framed” within the Website while others will open in separate windows. In each case, you should be aware that the Third Party Websites are independent of the Website and we have no control over them or their content.
3.2.2 Your use of any Third Party Website may be subject to specific legal terms and conditions which apply to those websites. Third Party Websites are not subject to the terms of this Agreement or any other notices published on the Website.
3.2.3 The inclusion of any hyperlinks to Third Party Websites in the Website does not mean that we approve or endorse those hyperlinks or Third Party Websites. We accept no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible from Third Party Websites.
3.2.4 Where you leave the Website and visit a Third Party Website by means of hyperlinks made available on the Website, and if you provide personal information about yourself on that Third Party Website which can identify you, it may be technically possible for the person who operates that Third Party Website to deduce that you are one of our clients or a visitor to our Website due to the nature of the internet. You hereby accept the possibility that third parties may obtain such information about you when you link to Third Party Websites and submit personal information about yourself on those Third Party Websites.
3.3.1 The Website is provided “as is” and we give no warranties in respect thereof. Specifically, but without limitation, we do not warrant that: you will be able to use the Website or that it will continue to be made available in its current or any other form at the current domain name or any other domain name;
184.108.40.206 The Website or any software or material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the Website and to ensure the compatibility of such software or material with your equipment; or
220.127.116.11 News, prices, opinions and other information on the Website are accurate or complete.
3.3.2 Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.
3.4.1 You should be aware that the internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Website, you do so at your own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
3.4.2 Although we use all reasonable endeavours to ensure the Website is secure from attacks (such as “hacking”), we cannot guarantee that any information displayed on the Website has not been changed or modified through malicious attacks.
3.4.3 Where log-in details and/or a password have been issued to you, it is your responsibility to maintain the security and confidentiality of each of them. As an example only, you should not write down your password and log-in details. You must inform us as soon as reasonably practicable if you suspect that your password or log-in details are known by or available to any third party. You agree that, if you inform us of any suspected disclosure of your password and log-in details, we may take such steps as we consider may be reasonably necessary in the circumstances (including, without limitation, cancelling your existing password and log-in details and issuing a new password and log-in details to you).
3.5.1 It is a condition of our allowing you free access to the Website that neither we nor any of our related or affiliated companies nor our or their members, officers or employees will be liable to you, whether for negligence, breach of contract, misrepresentation or otherwise, for any direct, indirect or consequential damage suffered by you (including, without limitation, loss of goodwill, business opportunity, anticipated savings) or for loss of profit or loss of data, arising from:
18.104.22.168 your use of the Website or any software or materials provided on or downloaded from the Website;
22.214.171.124 any computer virus transmitted through the Website;
126.96.36.199 your inability to use the Website at any time and any error in the provision of the Website;
188.8.131.52 any delay in or failure of the transmission or the receipt of any instructions or notification sent through the
184.108.40.206 your use of e-mail communications to contact or instruct us (including, without limitation, any delay in our receipt or
confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication);
220.127.116.11 your use of and/or reliance on other internet sites to which you have gained access by means of hyperlinks published on the Website;
18.104.22.168 any unauthorised use of your password or log-in details to obtain access to the Website as a result of your failure to comply with the provisions of paragraph 3.4.3 above, unless we have actual knowledge of such unauthorised use or access and fail to take reasonable steps to prevent the same; or
22.214.171.124 any inaccurate information or opinions published on the Website or your reliance thereon.
3.5.2 Nothing in these or any other terms and conditions governing your use of the Website shall operate to exclude or restrict our liability where such liability may not be limited or excluded by law.
4. WEBSITE INTEGRITY
4.1 You may not upload, post or transmit to or distribute or otherwise publish through the Website any materials which:
4.1.1 restrict or inhibit any other user from using the Website,
4.1.2 are threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful,
4.1.3 constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law,
4.1.5 contain a virus or other harmful component,
4.1.7 constitute or contain false or misleading indications of origin or statements of fact.
5. EMAIL COMMUNICATIONS
5.1 Any e-mail communications made by you to us either through the Website or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Website.
5.2 We may act on any instruction or other communication, whether made by e-mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. In the interests of security we may (if we determine it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.
5.3 There may be delays in executing any instructions that you send to us by means of e-mail. For example, your e-mail may be received by us outside normal business hours, in which case we will only act upon your email as soon as may be
5.4 You should be aware that all information or instructions e-mailed to us will be acted upon off-line and will not be processed or fulfilled automatically. This means that your information or instructions will not necessarily be processed or fulfilled or acted upon immediately and in some cases there may be a significant delay before processing or fulfilment of them.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All rights in the material on the Website are either owned by us or made available to us under licence. The material on the Website is protected by copyright. All trademarks and devices displayed on the Website are owned by us and/or our licensors, and may be registered in many jurisdictions across the world. Save as provided in these conditions any use or reproduction of these trademarks and/or devices is prohibited. All rights in the material on any other Websites which you may be able to link to from the Website are owned by third parties.
6.2 You may view the Website and you are welcome to print hard copies of material on it for your personal, non-commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved.
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of our subsidiaries and related companies located anywhere in the world without requiring any further consent from you.
9. NO WAIVER
The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
The Agreement is governed in accordance with the laws of the Republic of Mauritius. The courts of the Republic of Mauritius shall have non-exclusive jurisdiction over any dispute arising out of your use of the Website or the Agreement and you hereby submit to the jurisdiction of the courts of the Republic of Mauritius.
We respect the privacy of every individual who visits the internet website located at www.phatisa.com (the “Website”). In visiting the Website in order to deal with us you may provide us with personal information about yourself. The purpose of this statement is to set out the principles governing our use of personal information that we may obtain about you as a result of you using the Website. By using the Website you consent to the use of your personal data in accordance with the terms of this Policy.
1. “Us”, “we” or “our” means Phatisa Group Limited and any of its subsidiaries and related or affiliated companies.
2. “Personal data” means information relating to you which may be collected or created, or may have been collected or create in the course of or as a result of your use of the Website. In particular this will include information provided when registering for new alerts: name, email address and company name.
3. We are committed to the following policies which protect your privacy in respect of personal data. We will only process personal data about you for specified purposes and any personal data which we obtain will be processed fairly and lawfully.
4.We collect personal data via the Website for legitimate use as necessary for conducting our business. In particular we may collect personal data from you through the Website when you register for events, order or request publications, services or other information from the Website or when you contact us for further information via the Website. The personal data which we collect will be processed for the purpose of fulfilling such requests or orders.
5. We may, from time to time, send you further information relating to our events or services which we feel may be of interest to you. You may notify us at any time if you wish to cease receiving this further information by contacting us at email@example.com
6. As a means of processing your personal data for the purposes set out above, we may, in limited circumstances and if deemed appropriate, wish to send the information which you provide to us to our subsidiaries and related or affiliated companies located anywhere in the world where we do business.
7. When you visit the Website, we may collect information about you which may not personally identify you but which may be helpful for improving the operation of the Website. Such information may be collected through “traffic data” and may entail the use of “cookies”, “IP addresses” or other numeric codes used to identify your computer.
9. If you believe that any of the personal data that we hold about you is incorrect please notify us at firstname.lastname@example.org.
11. We will take all reasonable steps to retain personal data only for the duration of the purpose for which it was obtained. When that period has expired or when requested by you to do so, we will delete personal information from current operational systems where it is no longer required. In limited circumstances we may need to continue to hold some details about you after your relationship with us has ended, for example for legal and regulatory reasons.
12. You may be entitled to object to the processing of your personal data and have certain rights of access, rectification and/or removal of your personal data. To exercise these rights you should write to us at: Suite 501, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius.
AFRICA PE NEWS APP
This end-user licence agreement (“EULA”) is a legal agreement between you, the end-user (“you” or “your”) and Phatisa Group Limited of Suite 510, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius (“us”, “we” or “our”) for the application software known as “Africa Private Equity News App” (“Africa PE News App” or the “App”) together with associated user documentation available via the App and at http://www.phatisa.com/legal/ (“Documents”).
We licence the use of the App and Documents to you on the basis of this EULA and subject to any rules or policies (“Appstore Rules”) applied by any appstore provider or operator from whose site you download the App (“Appstore Provider”). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
Operating system requirements: This App requires either an iOS or Android device with a minimum of 30 MB of memory (which may increase due to updates) and either iOS 9 – 11 or Android 4 – 7..
If you do not agree to the terms of this EULA, we will not license the App and Documents to you and you must stop the downloading process now.
You have the right to withdraw from your download without any reason before downloading the App and Documents.
The App is free and is designed for general information purposes only. It is not tailored to your requirements and you should obtain your own advice. It is not designed to, nor is it permitted to be used to, provide or obtain investment advice.
This EULA is available online at http://www.phatisa.com/legal/
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (“Services”), including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these terms at any time by notifying you of a change when you next start the App (or by push notification or SMS or email). You may be required to read and accept new terms to continue your use of the App and the Services.
1.2 Updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Service until you have downloaded the latest version of the App and accepted any new terms.
1.3 You will be assumed to own the device you use (“Device”) (or to have obtained permission from the owner of the Device) to download a copy of the App onto the Device. You (or the owner of the Device) may be charged by service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
2.2 You acknowledge and agree that internet transmissions are never completely private or secure and information you send using the App or any Service may be read or intercepted by others.
2.3 The App or any Service may contain links to other independent third party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).
3 LICENCE OF THE APP TO YOU
3.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Device, subject to the terms of this EULA and the Appstore Rules. We reserve all other rights.
3.2 You may:
3.2.1 3.2.1 download a copy of the App onto your Device and view, use and display the App on the Device for your own purposes (subject to the terms of this EULA); and
3.2.2 use the Documents and the Services for your own purposes (subject to the terms of this EULA).
4 LICENCE RESTRICTIONS
4.1 4.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
4.1.1 not to copy the App, Documents or Services except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
4.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, Documents or Services;
4.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
126.96.36.199 is used only for the purpose of achieving inter-operability of the App with another software program;
188.8.131.52 is kept secure and is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
184.108.40.206 is not used to create any software that is substantially similar to the App;
4.1.5 if permitted, to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium (Copyright © 2017 Phatisa Group. All rights reserved);
4.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
4.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service,
(together “Licence Restrictions”).
5 . ACCEPTABLE USE RESTRICTIONS
5.1 5.1 You must:
5.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
5.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
5.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
5.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
5.1.6 use the App or any Service for general information purposes only and not to provide or obtain investment advice,
(together “Acceptable Use Restrictions”).
6 EXCLUSION OF APPSTORE PROVIDER LIABILITY
6.1 6.1 You acknowledge and agree that:
6.1.1 this EULA is concluded between you and us, and not any Appstore Provider (and we are responsible for the App and any support and maintenance of the App);
6.1.2 to the maximum extent permitted by applicable law, the Appstore Provider will have no other obligation with respect to the App and is not responsible for any claims you have from your use of the App or any third party claim that the App infringes that third party’s intellectual property rights; and
6.1.3 the Appstore Provider is a third party beneficiary of this EULA and, upon your acceptance of this EULA, the Appstore Provider will have the right as third party beneficiary to enforce this EULA against you.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 7.1 You acknowledge and agree that all intellectual property rights in the App, the Documents and the Services throughout the world belong to us (or our licensors) and that rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documents or the Services other than the right to use them in accordance with this EULA.
7.2 You acknowledge and agree that none of the trade marks used in the App, the Documents or the Services may be copied, imitated, or used, in whole or in part, without our prior written consent.
7.3 You acknowledge and agree that you have no right to have access to the App in source-code form.
8 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 8.1 You acknowledge that the data and information that we use in the App are derived from third party sources. The App, Documents and Services are provided “as is” and we make no promise nor do we give any warranty (being a legally binding promise), condition or guarantee regarding their accuracy and completeness. We do not warrant that the data produced by the App and the Services will be error-free or that such errors will be corrected. We shall not be liable for any loss that results from errors or omissions in the data used in the App and Services, or from conclusions drawn from the use of such data. The App, Documents and Services are not intended to amount to advice on which reliance should be placed and you acknowledge that you will not rely on the App, Documents and Services in a business-critical manner and that we may withdraw them at any time. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by you or by anyone else.
8.2 To the extent permitted by law, we, other members of our group of companies and third parties connected to us expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.3 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
8.4 You agree not to use the App and Documents for any resale purposes, to provide or obtain investment advice and we have no liability to you for any third party claim (including negligence), loss of profit, loss of business, business interruption, or loss of business opportunity arising from any such use.
8.5 If we fail to comply with this EULA, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable. We will not be liable for losses that result from our failure to comply with this EULA that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
8.6 Nothing in this EULA shall restrict your statutory rights, nor shall anything in this EULA exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.
9 WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES
9.1 IF YOU BREAK THESE TERMS
9.1 We may end your right to use the App and Services immediately by contacting you if you have broken these terms in a serious way (including if you breach any of the Licence Restrictions or the Acceptable Use Restrictions). If what you have done can be put right we will give you a reasonable opportunity to do so.
9.2 AT ANY TIME WITHOUT NOTICE:
9.2 As we offer the App for free, we may withdraw it at any time without notice to you.
9.3 If we end your right to use the App and Services for any reason:
9.3.1 all rights granted to you under this EULA shall end;
9.3.2 you must immediately stop all activities authorised by this EULA, including your use of the App and any Services; and
9.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and confirm to us that you have done so.
10 COMMUNICATION BETWEEN US
10.1 If you wish to contact us in writing (including with complaints or giving notice), you can e-mail us or send prepaid post to Suite 501, Fifth Floor, Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius or email@example.com. We will confirm receipt of this, normally by e-mail.
10.2 If we have to contact you (including giving notice), we will a push notification or e-mail or send pre-paid post, using the contact details you have provided to us.
11 EVENTS OUTSIDE OUR CONTROL
11.1 If our provision of the Services or support for the App or the Services is delayed by an event outside our control (including the failure of telecommunications networks) then we will use reasonable endeavours to contact you to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event and if there is a risk of substantial delay you may contact us to end this EULA.
12 OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 Even if we delay in enforcing this EULA, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 The terms of this EULA are governed by English law and the courts of England will have non-exclusive jurisdiction.