1. General Terms
Any reference to -
- 1.1. the singular shall include the plural and vice versa;
- 1.2. any gender shall include the other genders;
- 1.3. natural persons shall include legal persons and vice versa;
- 1.5. If any period is referred to in these Terms by way of a reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day. If the last day falls on a day which is not a Business Day, then the last day of the said period shall fall on the next succeeding Business Day.
2. Access & Services
- 2.2. Ask Advice (Pty) Ltd includes; its directors, employees, affiliates, subsidiaries, agents and consultants.
- 2.3. The Services include but not limited to an online platform that enables users to interact with third party & Ask Advice (Pty) Ltd employed financial experts and advisors.
- 2.4. The Services do not replace traditional Advice as a consequence of the interaction between a duly registered Financial Advisor/ Planner and their client.
3. Registration and Account Security
3.1. Users have access to The Services unless;
- 3.1.1. You are under the age of eighteen (18).
- 3.1.2. You have been removed or suspended from The Services.
- 3.1.3. Your use of The Services is in contravention of any Act or regulation.
- 3.2. In order to have access to pertinent features of The Site, you will be required to register for an account. Ask Advice requires personal information upon registration including; your email address, contact number and area wherein you reside. All users must provide accurate, current and complete information and may not misrepresent, or impersonate someone else for any reason whatsoever.
- 3.3. You are solely responsible for maintaining the confidentiality and security of your password and other registration information. For your protection and the protection of other users, we ask you not to share your registration information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorised by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at firstname.lastname@example.org.
4. Third Party Services.
- 4.1. The Services includes interactions and advice from third party financial experts, advisors and content. At no stage is any information made available to users on the site to be considered “Advice” as defined in the FIAS Act. All information is to be considered informative, factual and educational. Ask Advice will not be held liable for any personal or financial loss or injury suffered due to reliance on information as published on The Site.
- 4.2. In order for a meaningful interaction with third party contributors & experts, you may need to provide personal information such as personal financial information, banking details etc. By doing so you agree that Ask Advice (Pty) Ltd may collect, store and forward such information to third party providers. Such storage and transfer of personal information is at your sole risk and Ask Advice will not be held responsible for any data breach in this regard. Ask Advice has no control over how third parties store, utilize or distribute your personal confidential information and you accept this fact.
- 4.3. During the course of your use of The Services on The Site you can access and utilise third party products, services and platforms. Ask Advice do not endorse or control these websites or platforms. You accept that Ask Advice did not review the information and services available on third party platforms and are as such not responsible or liable for the accuracy, legality or appropriateness of third party material.
5. Prohibited Conduct. You agree not to:
- 5.1. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- 5.2. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
- 5.3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- 5.4. Interfere in any way with security-related features of the Services;
- 5.5. Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- 5.6. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Ask Advice (Pty) Ltd’s express written permission;
- 5.7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
- 5.8. Sell or otherwise transfer the access granted herein.
- 6.1. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Ask Advice (Pty) Ltd from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Ask Advice (Pty) Ltd reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- 7.1. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, Ask Advice (Pty) Ltd in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
8. Modification of the Terms.
- 8.1. Ask Advice (Pty) Ltd reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services.
9. Governing Law.
- 9.1. These Terms are subject to the Laws of the Republic of South Africa and under the jurisdiction of the Western Cape High Court.
10. Dispute Resolution
- 10.1. If a dispute arise between you and Ask Advice (Pty) Ltd such dispute shall, if so requested by any party to the dispute, be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator agreed to between the parties and failing such agreement within 5 (five) Business Days of a request therefor by any party to the dispute, appointed by AFSA, which shall have regard to the nature of the dispute in making such appointment.
- 10.2. The decision of the arbitrator shall be final and binding on the parties. A decision of the arbitrator which becomes final and binding may be made an Order of Court at the instance of any party to the dispute.
- 10.3. For the purpose of clause 11.1 and for the purpose of having any award made by the arbitrator being made an Order of Court, each of the parties hereby submits itself to the non-exclusive jurisdiction of the Cape High Court of South Africa, Western Province, Cape Town.
- 10.4. Nothing herein contained shall be deemed to prohibit any party from applying to a court of competent jurisdiction for urgent interim relief and, if successful, being granted appropriate interim relief.
- 10.5. If such negotiations fail or do not occur within the aforesaid days after the dispute arises, either party may refer the matter to a court of competent jurisdiction for determination.
11. Modification of the Services.
- 11.1. Ask Advice (Pty) Ltd reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Ask Advice (Pty) Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.