TERMS OF SERVICE

Terms Governing Your Use of the Site

1. Introduction and Acceptance

These Terms and Conditions become effective when you access the domain sourcemarkets.co.za (the "Site") and they constitute a binding agreement between African Source Markets (Pty) Limited ("ASM") and yourself, which will always prevail from the time you access the Site for the first time. You must not use this Site if you disagree with any of these Terms and Conditions. The current version of these Terms and Conditions governs our respective rights and obligations each time you access this Site. A certificate signed by the ASM Site administrator shall serve as prima facie proof of the date of publication and content of the current version.

2. Nature of Information on the Site

All information on the Site is only intended to provide you with general information about us. Nothing contained herein constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction. 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 advisers before relying on any information on this site. This website may contain views or opinions that are not necessarily those of ASM.

3. 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.

4. Linked Websites

This Site may contain links to other websites. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. Where you access a third party website, you do so at your own risk.

5. Permission for Linking, Crawlers and Metatags

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 info@sourcemarkets.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 Terms and 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.

6. Intellectual Property

This Site contains information proprietary to ASM, and may not be reproduced or disseminated in whole or in part without ASM's written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the Site. Nothing on this Site should be construed as granting any licence 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 any of the information contained in this Site must be submitted to info@sourcemarkets.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.

7. Transmission of Information

As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.

8. Restrictions

You are specifically restricted from all of the following:

  • publishing any Site material in any other media;
  • publicly performing and/or showing any Site material;
  • using this Site to engage in any advertising or marketing;
  • using this Site contrary to applicable laws and regulations;
  • using this Site in any way that impacts user access to this Site;
  • selling, sublicensing and/or otherwise commercializing any Site material;
  • using this Site in any way that is or may be damaging to this Site, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site.

Certain areas of this Site are restricted from being accessed by you and ASM may further restrict access by you to any areas of this Site, at any time, in its absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality at all times as well.

9. Your Content

In these Site Terms and Conditions, "Your Content” shall mean any data, audio, video, text, images or other material you choose to display on this Site. By displaying Your Content, you grant ASM a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party's rights. ASM reserves the right to remove any of Your Content from this Site at any time without notice.

10. 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.

11. No Warranties or Representations

We do not warrant that the Site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

12. Disclaimer and Limitation of Liability

ASM does not warrant that any information contained herein is complete or correct, and you shall not be entitled to place any reliance on the information contained in this website for any purpose. Use of this Site 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 information contained on this Site or your inability to use this Site. 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.

13. Dispute Resolution

All disputes arising as a result of your use of the Site or on the interpretation of these Terms and Conditions or on any matter which requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration. That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa.

The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.

14. Governing Law

These Terms and Conditions shall be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.