Terms and Conditions
CATALYST FUND MANAGERS (PROPRIETARY) LIMITED ("CATALYST
FUND MANAGERS ", "WE"
OR "US")
STANDARD TERMS OF USE
1. USER ACCESS
1.1 These terms of use govern your access to and use of the website
operated by Catalyst Fund Managers at URL: www.CatalystFundManagers.co.za or
such other URL as Catalyst Fund Managers may determine from time to time
("Catalyst Fund Managers (Pty) Ltd website").
1.2 Upon entering the Catalyst Fund Managers’ website, this agreement will
be deemed to be concluded and we hereby grant you the right to access
the information and data contained on, or accessible from, the Catalyst
Fund Managers website ("content"), on the terms of use set out below. If
you do not accept these terms of use in full, you should terminate your
access to the Catalyst Fund Managers website immediately.
2. LIABILITY AND DISCLAIMERS
2.1 Notwithstanding anything to the contrary contained in these terms,
Catalyst Fund Managers shall not be liable to you or to any other person in
respect of any loss or damage of whatsoever nature directly or
indirectly caused by or arising from any of the following circumstances,
and you hereby indemnify Catalyst Fund Managers against any claims in
respect of such loss or damage:
2.1.2 any fact or circumstance beyond the reasonable control of Catalyst
Fund Managers;
2.1.3 any breakdown in any of the services provided by Telkom
(including, but not limited to a line failure);
2.1.4 the performance or unavailability of the Catalyst Fund Managers
website, or any other website to which it is connected;
2.1.5 any suspension or interruption in the provision of access by
Catalyst Fund Managers;
2.1.6 any breach of privacy or security by any person or entity;
2.1.7 the loss, damage, destruction, theft, contamination or corruption
of any data or content;
2.1.8 the preservation and integrity of any text or any other data or
content;
2.1.9 any publication or use of any information, content, advice,
products or services which may be promoted, displayed on or associated
with the Catalyst Fund Managers website or any other website which can be
accessed from the Catalyst Fund Managers website, however such loss or
liability may occur, and whether such loss or liability is financial,
personal, consequential, incidental or otherwise;
2.1.10 your failure to perform any of your obligations in terms of this
agreement, including but not limited to a failure to comply with any
guideline set out in clause 3.1.
2.2 Without limiting the generality of the aforegoing, Catalyst
Fund Managers shall not be liable for any damages, claim or liability
including without limitation indirect, consequential or incidental loss
suffered by you or any other person, whether arising from contract or delict or any other action, act or omission, and you hereby indemnify
and hold Catalyst Fund Managers harmless against any such damages, claim or
liability, including but not limited to loss of profits, loss of
anticipated business and/or loss of goodwill.
2.3 Catalyst Fund Managers advises that the content is obtained from
various sources which Catalyst Fund Managers reasonably believes to be
reliable. However, Catalyst Fund Managers does not, save where it is
expressly stated on the Catalyst Fund Managers website, operate, control or
endorse any content, products or service offered or accessible by means
of the Catalyst Fund Managers website, and any entity that does offer or
provide such content, products or services, is not in any way affiliated
with Catalyst Fund Managers, save as may be specified on the Catalyst
Fund Managers website. Catalyst Fund Managers further does not act as an agent
of such entity, not does Catalyst Fund Managers provide any express or
implied warranties or endorsements to you or any other person whatsoever
in respect of such content, products or services.
2.4 Catalyst Fund Managers gives no warranties and no warranties are
implied regarding the content or any other information contained on any
website which can be accessed through or by means of the Catalyst
Fund Managers website. The content is intended and produced for general
informational purposes only and should not be relied upon as specific
advice of any kind, whether professional, financial, technical or other.
Furthermore, the content may contain errors or inaccuracy, may be
incomplete and/or out of date. You are therefore advised to consult an
appropriate professional and to make your own independent investigations
in regard to such content.
2.5 Catalyst Fund Managers further does not warrant that the functions
and/or context contained in or on the Catalyst Fund Managers website, or
your access to the Catalyst Fund Managers website or any part thereof, will
be uninterrupted, immediate or error free, that defects will be
corrected, or that the site and/or server that makes it available to
you, is free of viruses, infections, bugs or the like, or represents the
full functionality, accuracy or reliability of the content.
3 USER ETIQUETTE
3.1 You undertake to conform to generally acceptable Internet etiquette
and to abide by Catalyst Fund Managers' user policies, which may be amended
from time to time at Catalyst Fund Managers’ sole discretion, (and you
hereby indemnify Catalyst Fund Managers, and hold Catalyst Fund Managers free
from liability, in respect of any loss or damage of whatever nature
caused as a result of any breach of such undertaking) which policies
include but are not limited to the guidelines set out below:
3.1.1 not to engage in any abuse of e-mail or spamming, including but
not limited to, the posting or cross-posting of unsolicited articles
with the same message (or substantially the same message) to more than 5
(five) or newsgroup recipients that did not request to receive such
messages;
3.1.2 not to post or transmit any message, data, image or programme
which is defamatory, or violates any other personality rights;
3.1.3 not to post or transmit any message, data, image or programme
which is offensive, threatening, abusive, harassing, harmful or hateful;
3.1.4 not to transmit, distribute or store any material in violation of
any applicable law or regulation, including without limitation material
protected by copyright, trade mark, trade secret or any other
intellectual property rights;
3.1.5 not to post or transmit any message, data, image or programme
which violates the intellectual property rights of others;
3.1.6 not to interfere with use of the Internet by any other user of the
Internet;
3.1.7 not to post or transmit any file which contains viruses or any
other destructive features, regardless of whether or not damage is
intended by you;
3.1.8 not to cancel any mail or post other than your own;
3.1.9 not to send unsolicited mail messages, including, without
limitation, chain letters, commercial advertising and informational
announcements, nor to repeatedly post gratuitous off the topic postings;
3.1.10 not to harvest or collect information about any other persons,
including without limitation e-mail addresses and/or names for any
purpose whatsoever;
3.1.11 not to violate the privacy of any person or to violate the
security of any system or network, which shall include but shall not be
limited to:
3.1.11.1 hacking;
3.1.11.2 unauthorised access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of any
system or network, or to breach security or authentication measures
without express authorisation of the owner of such system or network;
3.1.11.3 unauthorised monitoring of data or traffic on any network or
system without express authorisation of the owner of such system or
network;
3.1.12 not to violate any law, regulation or tariff that may be in force
in South Africa or elsewhere. In this regard, you undertake to
familiarise yourself with, and ensure that you are kept continuously
aware of, any amendments to such laws, regulations or tariffs which may
be in force from time to time and which may have any bearing on your
access to, or use of, the Internet;
3.1.13 not to perform any act or omission which is generally
unacceptable or offensive to Internet users in general, to the public at
large or as may be determined by Catalyst Fund Managers from time to time
in its sole and absolute discretion, including but not limited to the
hosting or transmitting of pornographic material;
3.1.14 not to contravene any Catalyst Fund Managers policy as may be
updated and amended by Catalyst Fund Managers and published or accessible
from the Catalyst Fund Managers website from time to time;
3.1.15 not to do anything which tends, has the effect of, or is likely
to have the effect of, damaging the name or reputation of Catalyst
Fund Managers, its holding company, subsidiaries or any affiliates;
3.1.16 not to commit any act or omission which may have an adverse
technical effect on the integrity or functionality of the Catalyst
Fund Managers network;
3.1.17 not to resell or make available to third parties, in any manner
whatsoever and whether directly or indirectly, all or any part of the
services provided to you by Catalyst Fund Managers, without Catalyst
Fund Managers' prior written consent;
3.1.18 not to give or make available to any person in any way any log-in
ID or password utilised in connection with your use of the Catalyst
Fund Managers website ("password"), nor to give or make available in any
way your password to any other person for such person's use, and you
undertake to take whatever steps may be necessary to ensure the
safe-keeping and confidentiality of such password;
3.1.19 not to use your password for any simultaneous log-in, nor to
permit any other person access to, or use of, such password;
3.1.20 not to contravene or violate in any way the policy rules and
guidelines posted from time to time to the Catalyst Fund Managers website;
3.1.21 not to obtain or attempt to obtain any materials or information
which is not intentionally made available by Catalyst Fund Managers by
means of the Catalyst Fund Managers website;
3.1.22 not to copy, reproduce, republish, download, post, broadcast or
transmit in any way, except for your own personal non-commercial home
use, any material accessed by means of this site, without Catalyst
Fund Managers' prior written permission;
3.1.23 not to adapt, alter or create any work derived from any of the
material accessible on the Catalyst Fund Managers website
3.1.24 not to use the Catalyst Fund Managers website for any unlawful
purposes, or in any manner which infringes the rights of, or restricts
or inhibits the use and enjoyment of the Catalyst Fund Managers website by
any third party, including without limiting, conduct which is unlawful,
which may harass or cause distress or inconvenience to any person, and
the transmission of obscene or offensive content, or the disruption of
any normal flow of dialogue on the Catalyst Fund Managers website.
3.2 In the event that you should engage in any one or more of the
practices contemplated in 3.1 or should you breach any of these terms of
use, which shall be determined in Catalyst Fund Managers sole discretion
and which decision shall be final, then Catalyst Fund Managers shall be
entitled, without prejudice to its rights:
3.2.1 to terminate, without notice, your access to the Catalyst
Fund Managers website;
3.2.2 to bill you for any costs incurred by Catalyst Fund Managers,
including, but not limited to, bandwidth, administration costs,
downtime, usage of Catalyst Fund Managers’ name or registered domain names,
and CPU cycles; and
3.2.3 in the event that any such practice has an adverse technical
effect on the Catalyst Fund Managers network, to require you to take such
steps as may be necessary to rectify the situation at your own cost and
expense; and/or
3.2.4 to terminate this agreement in accordance with clause 7.1.
4 SECURITY
4.1 You acknowledge that it is impossible to maintain complete security
in respect of information provided, or transactions concluded, on the
Internet.
4.2 In order to ensure the security and reliable operation of the
Catalyst Fund Managers network to all subscribers, Catalyst Fund
Managers
hereby reserves the right to take whatever action Catalyst Fund Managers
may deem appropriate in order to preserve the security and reliability
of the Catalyst Fund Managers network.
4.3 You hereby acknowledge and warrant that you shall not utilise
Catalyst Fund Managers' services to compromise the security of or to tamper
with the Catalyst Fund Managers network, or any information or content
contained on the Catalyst Fund Managers network or any computer utilised by
Catalyst Fund Managers, or any other person.
5. BREACH
Should you be in default of any payment due in terms of this agreement
or fail to observe and perform any of the other terms, conditions or
obligations of this agreement, then Catalyst Fund Managers shall be
entitled, but not obliged, in its sole discretion and without prejudice
to any of its rights that it may have in law, including the right to
claim damages, without notice, to do the following:
5.1 immediately suspend your access to the Catalyst Fund Managers website;
and/or
5.2 recover from you all bank charges and legal costs including all
costs on the attorney and own client scale arising from any breach of
these terms; and/or
5.3 immediately terminate this agreement in accordance with clause 7.1.
6. CESSION AND DELEGATION
6.1 You shall not be entitled to cede any of your rights nor delegate
any of your obligations hereunder.
6.2 Catalyst Fund Managers shall be entitled to cede and transfer or
delegate to any third party at its absolute discretion all or any of its
rights or obligations under this agreement.
7. TERMINATION
This agreement may be terminated:
7.1 forthwith by Catalyst Fund Managers in terms of clauses 3.2.4 or 5.3;
7.2 by either party on the giving of 1 (one) calendar month's written
notice.
8. INTELLECTUAL PROPERTY
8.1 Your right to access the Catalyst Fund Managers website and the
content, does not in any way convey or transfer any rights in or to the
intellectual property rights of Catalyst Fund Managers, any content or in
the compilation of the Catalyst Fund Managers website (including but not
limited to the collection, arrangement and assembly of the content of
the Catalyst Fund Managers website) or in any of the trade marks,
copyright, registered designs, patents, domain names and rights,
know-how and confidential information, trade secrets or any other
intellectual property right which may vest in Catalyst Fund Managers or in
the author, compiler, creator or licensor of such information.
8.2 All Catalyst Fund Managers trade marks, logos, brands, domain names and
other marks and intellectual property relating to the Catalyst
Fund Managers website, all content (including but not limited to all text,
graphics, logos, button icons, images, audio clips and software) shall
remain the sole property of Catalyst Fund Managers and the relevant
licensors, and you warrant that you will not use them in any way without
Catalyst Fund Managers’ prior written approval.
8.3 You are only permitted to use the Catalyst Fund Managers website for
your personal fair use and warrant that you will not modify, copy,
distribute, transmit, display, reproduce, publish, license, create
derivative works from, transfer or sell any content or software,
including any source code, of or relating to the Catalyst Fund Managers
website, nor will you reproduce the whole or any part of any content,
nor will you use such software, information and/or content in any work
or publication, whether in print, electronic medium or otherwise, for
any commercial purpose (whether for gain or not), without the prior
written approval of Catalyst Fund Managers.
9. THIRD PARTY LINKS
9.1 The Catalyst Fund Managers website may contain links to other websites
which are not owned, operated or controlled by Catalyst Fund Managers
("linked sites"). Catalyst Fund Managers is in no way responsible for any
content on such linked sites, including without limitation any links to
or from such linked sites, or any changes to any content on such linked
sites. Catalyst Fund Managers provides you with links to linked sites for
your convenience. A link to a linked site does not mean or imply that
Catalyst Fund Managers endorses the linked site, the contents of the linked
site or any product or service offered by means of the linked site, nor
that Catalyst Fund Managers endorses or is in any way associated with the
owners or operators of such linked site.
9.2 In addition to these terms, your access to any linked site may also
be governed by specific terms of use relating to such linked site. Any
dealings or relationship you may have with the owner or operator of any
linked site is solely between you and such owner or operator, and
Catalyst Fund Managers shall have no responsibility in respect of any such
dealings.
10 INFORMATION RECEIVED BY CATALYST FUND MANAGERS OR POSTED TO THE CATALYST
FUND MANAGERS WEBSITE
10.1 Catalyst Fund Managers does not claim ownership of any information
which you provide to Catalyst Fund Managers or which you post, upload,
input, or submit to the Catalyst Fund Managers website ("your
information"), however, by so providing, posting, uploading, inputting
or submitting such information, you hereby grant Catalyst Fund Managers,
its affiliates and any sub-licensees a perpetual licence to use,
distribute, transmit, publicly display, publicly perform, reproduce,
archive, edit, translate and/or reformat your information, and to
publish your name and details in regard thereto, without any
compensation, in such manner as it in its sole discretion deems
appropriate.
10.2 You hereby warrant that you own all rights in and to your
information.
10.3 Subject to 10.1 above, Catalyst Fund Managers reserves the right to
disclose any of your information or any personal information pertaining
to you and/or your use of the Catalyst Fund Managers website, without your
consent, if Catalyst Fund Managers reasonably believes that such action is
necessary:
10.3.1 to conform with the requirements of any law or regulation or to
comply with any legal process;
10.3.2 to protect and/or defend the rights and/or property of Catalyst
Fund Managers and/or any of its affiliates;
10.3.3 to enforce any of its rights under these terms of use; or
10.3.4 to act to protect to the rights of Catalyst Fund Managers or any
person whatsoever.
11 ALTERATION TO THESE TERMS
Catalyst Fund Managers reserves the right to alter these terms of use at
any time by posting notification that the terms of use have changed on
the Catalyst Fund Managers website. You will be responsible for reviewing
any such changes each time you access the Catalyst Fund Managers website
and your continued use of the Catalyst Fund Managers website after changes
have been posted online, constitutes your acceptance of this agreement
as modified by the posted changes.
12 PRIVACY PLEDGE
For details on what information we require from you, and what we do with
such information, together with details of how to alter any information
with which you provide us, please see our Privacy Pledge.
13 SPECIFIC TERMS OF USE
If any specific terms of use appear on any website in regard to all or a
portion of the content of such website, which specific terms of use
conflict with any of these terms of use, then the specific terms shall
prevail in regard to such content.
14 GENERAL
14.1 You acknowledge and agree that this agreement sets out the whole of
the agreement between you and Catalyst Fund Managers in regard to the
subject matter thereof and that there are no other agreements,
guarantees or representations, either verbal or in writing, in regard
thereto upon which you are relying in concluding this agreement and
Catalyst Fund Managers shall not be bound by any express or implied term,
representation, warranty, promise or the like not recorded herein.
14.2 No extension of time or indulgence which Catalyst Fund Managers may
grant to you shall constitute a waiver of any of Catalyst Fund Managers’
rights, who shall not thereby by precluded from exercising any rights
against you which may have arisen in the past or which might arise in
the future.
14.3 This agreement shall be deemed to have been concluded in the
Republic of South African and shall be governed by and interpreted
according to the laws of the Republic of South Africa. To the extent
necessary you hereby submit to the jurisdiction of the South African
courts for all purposes arising from these terms.
15 QUERIES
In the event that you have any queries or concerns arising from these
terms of use or your use of the Catalyst Fund Managers website, please
contact us at : mail@catalystFund Managers.co.za
.
