By using the Dries du Toit Consulting (Pty) Ltd’s website these Terms of Use apply to
you and you agree to comply with the terms of Use. Please read these Terms of Use
before using the Dries du Toit Consulting’s website.
The Dries du Toit Consulting is a South Africa registered company that provides various
financial solutions and professional financial services to South Africans or people
resident in South Africa.
By using the Dries du Toit Consulting website these Terms of Use apply to you and you
agree to comply with the terms of Use. Please check the website regularly for changes
to the Terms of Use. The Terms of Use may change from time to time and the terms
displayed at the time that you use the website will govern your use of the website and
software.
Information contained on the website is intended to serve as general information on the
chosen subjects/services and not as an exhaustive treatment of those subjects or
services.
Enquiring about any service or procuring any product and or service through the
website is subject to Dries du Toit Consulting’ specific contractual terms and conditions,
and applicable legislation.
Links to third party websites are provided for convenience only, and may be
discontinued at any time. The fact that Dries du Toit Consulting provides a link to a third
party website does not necessarily mean that Dries du Toit Consulting endorses,
authorises, or sponsors that website, or that Dries du Toit Consulting is affiliated to such
website's owners or sponsors.
If any third party website, which is not under the direct control of Dries du Toit
Consulting, can be accessed from a link displayed on the Dries du Toit Consulting
website, Dries du Toit Consulting shall not be responsible or liable for any content
displayed on the third-party website.
The content or information displayed on a Dries du Toit Consulting website or any third
party website which may be accessed through links provided on the Dries du Toit
Consulting website is intended as as information.
Unless indicated in writing by Dries du Toit Consulting, nothing on the Dries du Toit
Consulting website shall constitute an offer for sale of any service or product.
If you wish to use the information displayed on the website to purchase any service or
product from Dries du Toit Consulting, your request to do so shall be regarded by Dries
du Toit Consulting as an offer to do business with Dries du Toit Consulting and a formal
quotation will be presented by Dries du Toit Consulting.
The acceptance of the quotation will be subject to terms and conditions governing the
service or product at the time of the acceptance of the quotation.
The responsibility for ensuring compliance with any laws or regulations which may apply
to you, remain exclusively yours and in making an offer you are deemed to have
indemnified Dries du Toit Consulting (held Dries du Toit Consulting harmless and agree
to reimburse Dries du Toit Consulting) against any loss or damage that it may suffer
arising from your breaking any laws applicable to you.
While Dries du Toit Consulting will take care to provide accurate information on the
Dries du Toit Consulting website, the information displayed on the Dries du Toit
Consulting website is provided without any express or implied warranty (guarantee that
the information is correct) of any kind whatsoever. In particular, Dries du Toit Consulting
does not warrant that it is appropriate or suitable for any particular purpose, that it is
complete or accurate, or that it or any hardware on which it is stored is virus-free.
Unless otherwise indicated in writing, all information, products, and services displayed
on or accessed through the Dries du Toit Consulting website are for your personal and
commercial use only. You may not -
Reproduce, modify, or create derivative works from; publish, distribute, transmit, or
display; or license or transfer any of the content displayed on the website - unless you
have Dries du Toit Consulting's prior written authorisation;
Decompile, reverse engineer, or disassemble the website, a linked website, or any
software employed in the display or operation of the website;
Post on or transmit to the website content of an unlawful nature, for example: (a)
content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane; or (b) content that could damage Dries du Toit Consulting' s
image or impair its ability to do business;
Use the website in a manner that could damage, disable, overburden, or impair any
Dries du Toit Consulting server (computer), or network connected to any Dries du Toit
Consulting server, or interfere with any other party's use of the Dries du Toit Consulting
website;
Interfere with any content displayed on the Dries du Toit Consulting website or
attempt or gain unauthorised access (without Dries du Toit Consulting’ written
consent) to the information displayed on the website to which you may not be
authorised, or to any secure area on the website, a Dries du Toit Consulting
server or any other part of the Dries du Toit Consulting information system. Any
attempt, whether successful or unsuccessful, to interfere with the information
displayed on the Dries du Toit Consulting website or to gain access to
information or any part of the Dries du Toit Consulting information system to
which you are not authorized, is unlawful and is an offence in terms of the
provisions of Section 86 of the Electronic Communications and Transactions Act
No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
Create a link from another website to the Dries du Toit Consulting website, or any
of the web pages which constitute the Dries du Toit Consulting website, without
Dries du Toit Consulting' prior written consent;
Frame the website or any of its pages without Dries du Toit Consulting's prior
written consent.
When you communicate with Dries du Toit Consulting by electronic communication
provided or as may be directed on this website, you consent to receiving responses to
your communications by electronic communication addressed to you by Dries du Toit
Consulting. You thereby agree that all electronic agreements, notices, disclosures, and
other communications sent by Dries du Toit Consulting satisfy any legal requirement
that such communications should be in writing.
You accept the risks inherent in electronic communication in whatever form.
You consent to Dries du Toit Consulting acting on the information communicated to
Dries du Toit Consulting electronically. You are responsible to ensure that Dries du Toit
Consulting has received the information communicated electronically.
You acknowledge and consent that Dries du Toit Consulting, in its discretion, may retain
and store your electronic communications as may be lawfully required. You agree that
the electronic records stored by Dries du Toit Consulting will constitute rebuttable proof
(it may be challenged) of the content of the records.
Any email communication sent to you will be regarded for the purposes of this
agreement to have been received by you when it enters an information system outside
of the control of Dries du Toit Consulting.
You may access the Dries du Toit Consulting website using a mobile device (including a
mobile telephone).
The Terms of Use apply with equal force and effect regardless of the manner of your
access and browsing of the Dries du Toit Consulting website.
The Dries du Toit Consulting website is designed and configured for use by Internet
browsers which are typically used on computers and not mobile devices. Dries du Toit
Consulting is not responsible for the wireless services used by mobile devices, and
disclaims any responsibility for the lack of functionality or capability or reliability of any
mobile device or software used to access the Dries du Toit Consulting website.
While the use of the Dries du Toit Consulting website is free of charge, you will be
responsible for any fees which may be charged by your service provider which may be
associated with your browsing of the Dries du Toit Consulting website.
Dries du Toit Consulting is also not responsible for the communication of any person or
confidential information between you and the Dries du Toit Consulting website or any
electronic communications mechanisms facilitated by the Dries du Toit Consulting
website and disclaims any liability for deficiencies in privacy or security of any
communications made or received between the mobile device and the Dries du Toit
Consulting website.
The functionality and use of your mobile device is outside of the control of Dries du Toit
Consulting and Dries du Toit Consulting will not be responsible for interference with the
integrity, transmission, delays, limitation of network coverage, outages or interruption in
the services supplied supporting the mobile device.
Your privacy is important to Dries du Toit Consulting. Personal information transmitted
to Dries du Toit Consulting will be treated in accordance with Dries du Toit Consulting'
Privacy Policy.
Dries du Toit Consulting will not be responsible for any loss incurred or damages
suffered (whether direct, indirect, special, or consequential) to you or any third party that
may be attributable, directly or indirectly, to the use of, or reliance upon, any content
displayed on the Dries du Toit Consulting website by you.
Except as provided elsewhere, Dries du Toit Consulting will not be responsible for any
interruption, delayed or failed transmission, loss of programs or other data, or the
storage or delivery of information resulting from whatever cause.
For all purposes you warrant (confirm) -
Your identity (that is, you are who you say you are), and that you can prove your
identity should Dries du Toit Consulting require you to do so;
That all information you provide at any time to Dries du Toit Consulting using the
Dries du Toit Consulting website, in writing will in all respects be current,
complete, and accurate;
That you will provide to Dries du Toit Consulting all material and relevant facts
required by Dries du Toit Consulting as may be appropriate to any dealings you
have with Dries du Toit Consulting. If you do not provide the information, or
provide information that is incorrect, Dries du Toit Consulting may, at its choice,
cancel the agreement or transaction arising from your dealings with Dries du Toit
Consulting.
The website and all its content (including software, text, graphics, icons, hyperlinks,
private information, and designs) are owned by or licensed to Dries du Toit Consulting.
As the intellectual property rights in the content referred to immediately above are
protected against infringement by local and international legislation and treaties, it may
not be used in any way without Dries du Toit Consulting or the licensor's prior written
consent.
Dries du Toit Consulting reserves the right to -
Refuse you further access to the website if (a) you breach any of the terms of use
applicable from time to time; (b) Dries du Toit Consulting is unable to verify or
authenticate any information you provide to it; or (c) Dries du Toit Consulting believes
that you are conducting activities that are illegal, abusive, threaten the integrity of the
website, or may place Dries du Toit Consulting in disrepute;
Refer any breach to the police if such breach constitutes a crime;
Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of
your breach.
You agree to indemnify and hold harmless Dries du Toit Consulting, any member of the
Dries du Toit Consulting group of companies and its respective directors, officers,
employees, agents, licensors, suppliers, and any third party information providers from
and against all losses and expenses (including attorney-and own client costs), resulting
from any failure to adhere to these terms of use by you.
Your use of the Dries du Toit Consulting website will for all purposes relating to its use,
constitute your consent and submission to the jurisdiction of the High Court of South
Africa (Cape Town).
Any claim arising from –
The use or inability to use the website;
An application for, and the rendering of a service or providing of a product or
service is subject to the laws of the Republic of South Africa - in respect of both
the basis of the claim [contract, delict (tort), or any other], and the law relating to
procedure and evidence.
All proceedings will be held in English and the unsuccessful party will be liable to
pay all costs incurred by the successful party, including costs as between
attorney and own client.