Copyright, Disclaimer, Terms and Conditions
While every care is taken in the preparation of information contained herein, XPert Health, for themselves, give notice that:
- The information contained on this website is of a general nature and intended as a guide only.
- It is neither to be construed as financial advice nor to be regarded as a definitive analysis of any financial, legal or other issue.
- Professional Financial Advice should be taken before any course of action is pursued. XPert Health shall not be responsible and disclaims all liability for any loss, liability, damage (whether directly or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use or of reliance upon any information, recommendations, links or service provided through this website.
- Should you require further advice please contact XPert Health Consultants directly.
- The use of this website in its entirety is at your ‘Own Risk”.
Disclaimer
By accessing and continuing on this website, you agree that:
The Advice, Information and/or Intermediary services offered by XPert Health in terms of this website, alternatively request and/or instructions is limited to this website, request and/or instructions contained in this Website and/or any affiliated websites. By accessing this website, you acknowledge that XPert Health or the Adviser / Intermediary, did not undertake a comprehensive financial needs analysis to render a specific financial service, and by continuing you THEN acknowledge and agree that:
- A full analysis will not be undertaken by XPert Health, the adviser, which is in accordance with your instructions;
- As a result, there may be limitations on the appropriateness of the advice and/or information provided to you through the use of this website;
- You (The Client) agree and understand that by utilizing this website a single financial needs analysis could not be performed but can be performed upon special request to the adviser;
- You, the client, should take particular care to consider on your own whether the advice supplied through this website is appropriate considering your objectives, financial situation and particular needs.
Before you go any further it is important that you read and understand the conditions under which you'll use the site.
Definitions
- "XPert Health Consultants" shall mean "XPert Health";
- "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002
- "FICA" means Financial Intelligence Centre Act 38 of 2001;
- "Intellectual Property ("IP")" means, but not limited to, patent, trademark, domain name, logos, trade name, software, content (copyright), icons, graphics, hyperlinks
- "content" means, but not limited to text, graphics, links and other similar material on the website
- "URL" Uniform Resource Identifier, synonym to 'web address';
- "website" means the XPert Health Consultants website with URL / web address : www.xperthealth.co.za; www.xperthealth.co.za
- "you" shall mean a user of this website
Acceptance
By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
When you install or download any Apps, Information, Brochures, Documents or Comparisons, you may be required to accept the terms and conditions or the end user license agreement. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
These conditions will become effective when you access the site for the first time and will constitute a binding agreement between us, XPert Health, any affiliate XPert Health company, its employees and representatives and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this site. All references herein to XPert Health shall be deemed, unless otherwise stated, to include XPert Health.
Your Account
- If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account, we could delete all access.
- Once you've logged onto the site once, certain information, functionality and other features of the site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.
- XPert Health may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
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You agree that the following actions shall be material breaches of these terms and conditions:
- signing in as, or pretending to be, another person;
- transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
- using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
- gathering information about others without obtaining their prior written consent.
- You also agree that any use of your access details shall be regarded as if you were the person using such information.
- Please note that the user name you choose is permanent and can only be amended at XPert Health's discretion.
- XPert Health may determine certain requirements that you will need to meet when choosing a user name or password. These requirements may be changed from time to time and you may be required to update your credentials.
Online Services
Our online services are subject to registration procedures and approvals, which we may accept or reject at our sole discretion. These online services are governed by separate terms and conditions that are available on the relevant sections of this site where the online services are provided. In the event of conflict between conditions, the provisions of the service terms will apply.
Nature of Information on the Site
All information on this site is only intended to provide you with general information about us, our products, services and objectives. Nothing on this site should be treated as an offer but merely as an invitation to do business with us. This website, and all the information and content within it, has been prepared with the aim of providing general information only and does not constitute financial advice to any financial product.
We may provide information from time to time on:
- Projected revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items;
- The plans, objectives and/or projections of the company for future operations;
- Future economic performance; and
- Investment products
Such information may only be estimations and actual events or results may differ. All information is provided "as is" and should not be treated as professional or investment advice of any kind. You should consult your own professional advisors before relying on any information on this site.
Your Privacy and Security
XPert Health respects users' rights to privacy and confidentiality and consequently undertakes not to sell or exchange personal information with any third party outside of the XPert Health for any purpose whatsoever. However, XPert Health reserves the right to disclose or report personal information in limited circumstances where it is believed in good faith, that disclosure is required under law, to co-operate with regulators or law enforcement authorities, to perform necessary credit checks or collect or report debts owed to XPert Health, to protect its rights or property, or to disclose information on reasonable request by the unit trust fund in which the investor has invested. Our commitment to your privacy and security of your personal information is outlined in our privacy and security statement.
Amendments to these Conditions
We may amend these conditions from time to time. By accessing this site, you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site.
Information Feeds
We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it. All quotes, comparisons, analysis, news, market information or data shown on the site by way of live information feeds are delayed by at least 15 minutes unless otherwise stated. You should always select the "refresh" or similar page update function on your internet browser to ensure that the information you are viewing is the most current.
Linked Third Party Sites
This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations.
Permission for Hyperlinks
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time. An application for linking must be submitted to webmaster@Xperthealth.co.za. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected. Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
Our Intellectual Property and Copyright
All content made available on this Site for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, belongs to XPert Health Discovery, unless we expressly state that it is not and is protected by South African and international law.
Except if permitted under this or another agreement with XPert Health no portion of the Site may be copied or transmitted via any means available now or in the future. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
You agree that if you breach the terms of this clause, XPert Health will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. XPert Health will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
Nothing on the Site should be regarded as granting any licence or right to use any trademark without XPert Health’s prior written permission and/or that of any third party. XPert Health cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place, and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
We retain all intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. You are provided a non-exclusive, non-transferable access to use, copy, download, print, distribute, display the content available from the website for personal purposes only. You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
- The material is used for considering use of the online services and for no other commercial purposes; and
- Any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety
The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes. An application to use our intellectual property must be submitted to webmaster@Xperthealth.co.za. Upon receiving your application, we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected.
Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Software
You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer, Firefox and Opera browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of the site not to operate properly or at all. Software, if any, made available for download on or via our site is governed by license conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these license conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software. No warranty, whether express or implied, is given that any files, downloads or applications available via this site are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
Transmission of Information
Information transmitted via the internet, including e-mail, is susceptible to unlawful access or monitoring. Users shall bear all risk of transmitting such information in this manner and under no circumstances will XPert Health be liable for any loss, harm or damage suffered by them as a result thereof. XPert Health reserves the right to request independent verification of any information transmitted via the website or e-mail.
Termination, Suspension and Limitation
We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.
No Warranties or Representations
We do not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We, expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.
Disclaimer and Limitation of Liability
Although we have taken care to ensure that the content on this site is accurate and that you suffer no loss or damage as a result of your use of this site, this site and the online services are provided "as is". Use of this site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.
We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the online services or the information contained on this site or your inability to use this site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, we will not be liable for:
- Any interruption, malfunction, downtime or other failure of the site or online services, our system, databases or any of its components, for whatever reason;
- Any loss or damage arising from your orders, investment decisions, purchases or disposal of goods and services, including financial instrument(s) or currency, from third parties, based on the information provided on this site;
- Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third-party systems;
- programming defects;
- negligence on our part or caused by the year 2000 computer problem;
- Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (currently Telkom), internet service providers, electricity suppliers (currently Eskom), local authorities and certification authorities;
- And Any event over which we have no direct control.
How Disputes will be Resolved
All transactions and interactions conducted by the medium of this website, whether in whole or in part, shall be subject to South African law and only South African courts shall have jurisdiction to hear disputes arising there from or from these Conditions. No alternative dispute resolution code is applicable to transactions and interactions conducted by the medium of this website, unless otherwise determined from time to time, in which case such dispute resolution codes are to be made electronically accessible to the user.
Capacity to Enter into Agreements
You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site.
Jurisdiction
All use of the website, transactions and interactions conducted through the medium of this website, whether in whole or in part, shall be subject to South African law and only South African courts shall have jurisdiction to hear disputes arising there from or from these conditions.
Breach
If a user commits any breach of these conditions or uses the online services or in any other manner interacts with the website in an unlawful or unauthorised manner, XPert Health shall be entitled to terminate the delivery of the service to the user immediately without prior notice without prejudice to XPert Health other rights in terms of these conditions or at law.
Our Address for Notices and Service of Legal Process or Notice:
134 Aramist Avenue
Menlyn Square
Newlands
Pretoria
The Law Governing our Relationship
The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
General Provisions
The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions. Where any dates or times need to be calculated in terms of the conditions, the international standard time, GMT plus two hours shall be used.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of these conditions or prejudice our right to take subsequent action against you. If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law. If you have any questions or do not understand anything in these conditions, please send an email to webmaster@Xperthealth.co.za and we will respond to you as soon as possible.
Agreement in terms of Chapter III, Part 2 of the ECT Act - Formation and validity of this agreement
You agree that:
- these Terms of Use are valid, binding, enforceable and concluded in Pretoria, the moment you access / view the website;
- all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) ) of the ECT Act);
- if any term of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term of this agreement;
Time and Place of communication, dispatch and receipt
- Data Messages sent from XPert Health to you have been sent from XPert Health place of business (see Contact us details);
- Data Messages sent from XPert Health to you are deemed to be received when complete message enters an information system (including your information service provider’s information system) designated or used for that purposes by yourself;
- Data Messages from you to XPert Health are deemed to be received by XPert Health only when XPert Health respond thereto, and for the purposes of this clause an auto-response shall not be a response by XPert Health. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by XPert Health that it does give legal effect to the Message Expression of intent: For purposes of Electronic Communications between yourself and XPert Health no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement.
- Attribution of data messages to originator: You agree and warrant that the data message sent, from any computer or device that are owned by yourself or your employer or programmed by yourself or on your behalf, to XPert Health was sent by yourself or a person that had authority to act on your behalf in respect of the data message.