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 420, Fourth 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 420, Fourth 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 420, Fourth 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 No warranties
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;
126.96.36.199 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
188.8.131.52 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).
184.108.40.206 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: your use of the Website or any software or materials provided on or downloaded from the Website;
220.127.116.11 any computer virus transmitted through the Website;
18.104.22.168 your inability to use the Website at any time and any error in the provision of the Website;
22.214.171.124 any delay in or failure of the transmission or the receipt of any instructions or notification sent through the Website;
126.96.36.199 your use of email 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);
188.8.131.52 your use of and/or reliance on other internet sites to which you have gained access by means of hyperlinks published on the Website;
184.108.40.206 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
220.127.116.11 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;
4.1.4 infringe the rights of third parties;
4.1.5 contain a virus or other harmful component;
4.1.6 contain advertising of any kind; or
4.1.7 constitute or contain false or misleading indications of origin or statements of fact.
5. EMAIL COMMUNICATIONS
5.1 Any email 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 email addresses published on the Website.
5.2 We may act on any instruction or other communication, whether made by email 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 email or other method of communication.
5.3 There may be delays in executing any instructions that you send to us by means of email. For example, your email 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 emailed 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.
10. GOVERNING LAW
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 need to provide us with personal information about yourself. The purpose of this statement is to set out the principles governing our use of the 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 which includes your name, email address and company name.
Collection and use of personal data
We are committed to the following policies which protect your privacy in respect of personal data:
3. We will only process personal data about you for the purposes specified and any personal data which we obtain will be processed fairly and lawfully.
4. We do collect personal data via the Website which is necessary for conducting our business. In particular we may collect personal data from you through the Website when you register for events, or when you 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 firstname.lastname@example.org.
6. We may, in limited circumstances, need to send the information which you provide to us to our subsidiaries and related or affiliated companies (some of which might be outside of the borders of South Africa) in order to provide you with our services. They are contractually bound to keep all confidential information confidential and we make sure they take their confidentiality obligations seriously.
7. There may be situations where the law requires us to disclose your personal information. In all other situations, we will not disclose your personal information without notifying you and enabling you to object.
8. If you believe that any of the personal data that we hold about you is incorrect please notify us at email@example.com.
10. 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.
12. 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.
13. 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 or contact us at firstname.lastname@example.org.
Phatisa does not make representation that information and materials on this site are appropriate for use in all jurisdictions available on the web, or that transactions, securities, products, instruments or services offered on this site are available or indeed appropriate for sale or use in all jurisdictions, or by all investors or other potential clients. Those who access this site do so on their own initiative, and are therefore responsible for compliance with applicable local laws and regulations. By accessing each site, the entrant has agreed that he/she has reviewed the site in its entirety including any legal or regulatory rubric.