PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR USING THE ONLINE SERVICES, YOU (THE USER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE AND/OR USE OF THE ONLINE SERVICES.
Terms and Conditions of Use
Any person accessing this website (the user) is subject to, and agrees to be bound by, the terms and conditions set out herein. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained at this website.
1. Intellectual Property Rights
1.1. Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this website (including, but not limited to, all software, technology, databases, know-how, text, graphics, icons, private information, designs, publication, product, process, or ideas described in this website) are the property of Algorithm Consultants & Actuaries CC (“ALGORITHM”). As such, they are protected from infringement by South African legislation and international treaties and conventions and they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, used as a metatag, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of ALGORITHM.
1.2. The Algorithm trade mark, close corporation name and logo used in this website are the property of ALGORITHM. No license or right is granted to the user and your access to this website and/or use of the online services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the Algorithm trade mark, or logos appearing on the website without the prior written consent of ALGORITHM .
2.1. This site is intended purely as a resource guide for professional and informational purposes and is not intended to provide specific expert actuarial and/or financial advice. This site should not be used as a substitute for a comprehensive actuarial calculation and/or expert actuarial report. The use and receipt of the information offered on this site is not intended to create, nor does it create, an expert-client relationship. Further, any information provided on this website or in the comments should be taken at your own risk. The information contained in or accessed through this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). All financial indicators on the website are sourced from the South African Reserve Bank (www.resbank.co.za) and ALGORITHM takes no responsibility for any inaccuracy in this data.
2.2. It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
2.3. ALGORITHM makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be 100% uninterrupted and error free or will meet any particular criteria of performance or quality. This site is provided “as is”. ALGORITHM expressly disclaims all implied warranties and makes no express or implied representations or warranties regarding the content of the website or the information and materials accessed through this website.
2.4. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. ALGORITHM or any of the legal entities in respect of which information are contained on this site, or employees of ALGORITHM or such other entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, ALGORITHM shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
2.5. Certain links in the web server lead to resources maintained by third parties over whom ALGORITHM has no control. ALGORITHM makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
2.6. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to ALGORITHM via this website. Any communication or data message that a user sends to ALGORITHM will be regarded having been received by ALGORITHM when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with ALGORITHM. ALGORITHM shall not be liable for any failure to respond.
3.1. Any person, business, or entity that delivers or attempts to deliver any unauthorized, damaging or malicious code to this website, to gain unauthorized access to any page on this website, to tamper with any of the content or pages that constitute this website or duplicate such pages or content shall be prosecuted to the full extent of the law, and civil damages shall be claimed in the event that ALGORITHM suffers any damage or loss as a result of such actions.
3.2. We welcome third party websites to link to the information that is hosted on these pages. However, it is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of ALGORITHM.
For your convenience, ALGORITHM may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of ALGORITHM and it cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by ALGORITHM, nor shall such hyperlink be construed as creating any connection between ALGORITHM and the owner of the linked website. Similarly, ALGORITHM holds no copyright in the linked websites or contents thereof. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of use contained therein.
5. Email Messages
ALGORITHM does not guarantee that email messages sent to and from ALGORITHM over the Internet will be completely secure. Under no circumstances will ALGORITHM be liable for any damages incurred or sustained by you in connection with or arising from any message transmitted via the Internet by you to ALGORITHM, or by ALGORITHM to you and/or at your request.
6. Inherent Nature of the Internet
You acknowledge and accept that the inherent nature of the Internet is such that transmissions may be subject to interruption, interception, hacking, transmission blackout, delayed transmission and/or incorrect data transmission. ALGORITHM will not be liable for malfunctions in communications facilities not under its control that may affect the accuracy, authenticity or timeliness of messages and transactions that may be sent and does not warrant that any identified defect will be corrected.
7. Exclusion of Liability
7.1. does not warrant or assume any liability or responsibility for the accuracy, completeness or usefulness of the information and tools provided. If errors are brought to our attention, we will try to correct them;
7.2. makes no claims, promises or guarantees as to the completeness or usefulness of the facts, views, advice, opinions and recommendations of ALGORITHM;
7.3. will not be liable to any person using this website, or any cessionary or third party claiming through or on behalf of any of these entities or persons, in respect
of any claim whatsoever, whether in contract, or otherwise, for any loss, damages, costs or expenses directly or indirectly incurred as a result of any of these entities or persons using this website.
You hereby agree to indemnify and save ALGORITHM harmless against all damages, losses, expenses and costs (including legal costs) suffered or incurred by ALGORITHM in connection with or arising from:
8.1. your access of this website and/or use of the online services; or
8.2. your receipt of electronic information (including attachments) from ALGORITHM; your breach of any of these Terms and Conditions of Use;
9. Our Address for Notices and Service of Legal Process
Our chosen address for any legal notice is: 25 Fisher Street, Brackenhurst, 1449.
10. Governing Law and Jurisdiction
Nothing herein shall be construed as a representation by ALGORITHM that the information and materials contained in or accessed through this website is appropriate or available for use in geographic areas or jurisdictions other than the Republic of South Africa. By accessing this website and/or using the online services, you agree that such access and/or use, as well as these Terms and Conditions of Use shall be governed by, and construed in accordance with the laws of the Republic of South Africa and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
These terms and conditions of use constitute the entire professional or other relationship between ALGORITHM and the user of this website. Any failure by ALGORITHM to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
12. Updating of these terms and conditions
ALGORITHM reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions of Use from time to time. Changes to these Terms and Conditions of Use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these Terms and Conditions of Use at this website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.
IMPORTANT – BY CONTINUING TO USE THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET OUT ABOVE.