TERMS & CONDITIONS
BRIGHT ON CAPITAL (PTY) LTD
Please read the following terms and
conditions and the Privacy Policy carefully before using any online services or
this website.
If you have any questions, please seek
professional advice.
Using this website indicates agreement
with these Terms and Conditions, which are a binding agreement between you and Bright
On Capital (Pty) Ltd.
If you do not accept these Terms and
Conditions, please do not use this website and the online services provided.
IMPORTANT
LEGAL NOTICE
ONLINE TERMS AND CONDITIONS
BRIGHT ON CAPITAL (PTY) LTD
(Registration No. 2014/181350/07)
1.
DEFINITIONS
1.1.
Account:
An account with Bright On Capital (Pty) Ltd that entitles a Registered User to
access online services and engage in transactions on this website;
1.2.
Bright
On Capital: Bright On Capital (Pty) Ltd, Registration No 2014/181350/07.
1.3.
Content:
Includes but is not limited to text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and computer
code on or associated with the Website.
1.4.
User: A
Visitor or a Registered User.
1.5.
Visitors:
any person making use of this website that is not a Registered User.
1.6.
Website:
www.brightoncapital.co.za.
2.
APPLICATION
2.1.
These
Terms and Conditions apply to the Website and all associated sites linked to
the Website by Bright On Capital.
3.
OWNERSHIP
OF SITE
3.1.
The Website
is the property of Bright On Capital (Pty) Ltd.
4.
AGREEMENT
TO TERMS AND CONDITIONS
4.1.
You
agree to these terms of use by using this Website and if you do not agree to
the Terms and Conditions, then do not use the Website.
4.2.
If you
represent any third party, then your use of the Website binds that third party
and you guarantee your authority to bind that third party. If you do not have
the authority to bind the third party you are representing, then do not use this
Website.
5.
CONTENT
5.1.
All
Content is owned, controlled or licensed by or to Bright On, and is protected
by intellectual property rights and unfair competition laws.
5.2.
Except
as otherwise provided in these Terms and Conditions, no part of the Website and
no Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including ‘mirroring’) to any other computer, server, website or other medium
for publication or distribution or for any commercial enterprise, without the
express prior written consent of Bright On Capital.
5.3.
You may
use information on products and services (such as data sheets, knowledge base
articles, and similar materials) purposely made available by Bright On Capital
for downloading from the Website, provided that you:
5.3.1.
include
any proprietary notice language in all copies of such documents;
5.3.2.
use this
information only for your personal, non-commercial informational purpose;
5.3.3.
do not
copy or post such information on any networked computer or broadcast it in any
media;
5.3.4.
make no
modifications to any such information; and
5.3.5.
do not
make any additional representations or warranties relating to such documents.
6.
USE
OF WEBSITE
6.1.
Bright
On Capital reserves the right to block any activity that is prohibited.
6.2.
You are
prohibited from using any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to:
6.2.1.
access,
acquire, copy or monitor any portion of the Website or any Content; or
6.2.2.
in any
way reproduce or circumvent the navigational structure or presentation of the
Website or any Content; and
6.2.3.
obtain
or attempt to obtain any materials, documents or information in an unauthorised
manner.
6.3.
You are
prohibited from gaining unauthorized access to any aspect or feature of the
Website, or any systems or networks connected to the Website or to any Bright
On Capital server, or to any of the services offered on or through the Website,
by hacking, password ‘mining’ or any other unlawful means.
6.4.
You may
not:
6.4.1.
probe,
scan or test the vulnerability of the Website or any network connected to the Website;
6.4.2.
breach
the security or authentication measures on the Website or any network connected
to the Website; and
6.4.3.
reverse
look-up, trace or seek to trace any information on any other user of or visitor
to the Website, or any other customer Bright On Capital (including any account
not owned by you), to its source, or exploit the Website or any service or
information made available or offered by or through the Website, in any way.
6.5.
You may
not do anything or cause anything to be done that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or the Bright
On Capital systems or networks, or any systems or networks connected to the Website
or to Bright On Capital.
6.6.
You may
not use any device, software or routine to interfere or attempt to interfere
with the proper working of the Website or any transaction being conducted on
the Website, or with any other person’s use of the Website.
6.7.
You may
not not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to Bright On Capital on or
through the Website or any service offered on or through the Website.
6.8.
You may
not misrepresent your identity, or fraudulently claim to represent someone
else, or impersonate any other individual or entity.
6.9.
You may
not use the Website or any Content for any purpose that is unlawful or
prohibited by these Terms and Conditions, or to solicit the performance of any unlawful
activity or other activity which infringes the rights of Bright On Capital or Users
or Registered Users or any other third parties.
7.
SECURITY
7.1.
Bright
On Capital protects your personal data saved by us against unauthorized access
and misuse, by implementing technical and organizational measures.
8.
ACCOUNTS
8.1.
Services
offered on or through the Website will require you to open an account
(including setting up an Bright On Capital username and password).
8.2.
On
application for an Account, you authorise Bright On Capital and its duly
authorized verification agent to forward your personal information, including
but not limited to your name, surname, identity or registration number, to
verification suppliers acting on behalf of Bright On Capital (including any
credit bureau and fraud prevention organisation) for the purposes of conducting
all verification checks (including but not limited to credit bureau searches)
and authorise the duly authorized verification agent to furnish any information
regarding your credentials to Bright On Capital. You unconditionally indemnify Bright
On Capital and its duly authorized verification agent against any liability
which results or may result from furnishing information in this regard. You are
solely responsible for maintaining the confidentiality of your account
information, including your username, password, and for any and all activity
that occurs under your account.
8.3.
You
agree to notify Bright On Capital immediately of any unauthorized use of your
account or password, or any other breach of security. However, you may be held
liable for losses incurred by Bright On Capital or any other User or Registered
User of the Website due to any third party using your Bright On Capital
username, password or account.
8.4.
You may
not use the Bright On Capital username, password or account of any third party at
any time without the express permission and consent of that third party
8.5.
Bright
On Capital cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.
9.
DISCLAIMER
AND LIMITATION OF LIABILITY
9.1.
Bright
On Capital does not promise that the Website or any content, service or feature
of the site will be error-free or uninterrupted, or that any defects will be
corrected, or that your use of the Website will provide specific results.
9.2.
The Website
and its content are delivered on an “as-is” and “as-available” basis.
9.3.
All
information provided on the site is subject to change without notice.
9.4.
Bright
On Capital cannot ensure that any files or other data you download from the Website
will be free of viruses or contamination or destructive features.
9.5.
Bright
On Capital disclaims all warranties, express or implied, including any
warranties of accuracy, non-infringement, merchantability and fitness for a
particular purpose.
9.6.
Bright
On Capital disclaims any and all liability for the acts, omissions and conduct
of any third parties in connection with or related to your use of the Website
and/or any apple services.
9.7.
You
assume sole responsibility for your use of the Website and any linked Websites.
Your only remedy against Bright On Capital for dissatisfaction with the Website
or any content is to stop using the Website or any such content. This
limitation of relief is a part of the bargain between the parties.
9.8.
The
above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, delict, negligence or any other cause of action.
10.
DATA
PRIVACY
10.1.
When
you visit the Website, our web server temporarily records the following
information for system security purposes: the domain name or IP address of the
computer requesting access, the access date, the client’s file request (file
name and URL), the HTTP response code and the website you are visiting from,
and the number of bytes transferred over the connection.
10.2.
Bright
On Capital may save some information in the form of cookies on your PC. A
cookie is a piece of information that a website can send to your browser and
save on your system. Cookies do not give us access to your system or your
personal data. Please note that standard browser settings allow the use of
cookies. If you do not want to allow the use of cookies, you can disable this
option in your browser. Bright On Capital uses cookies exclusively to tailor
our website to your preferences.
10.3.
Bright
On Capital uses your personal data only for the purpose of providing the
services on the Website, for technical website administration and to meet your
wishes and requirements, and solely for the specified purpose.
10.4.
Only
with your express consent does Bright On Capital use the data for
product-related surveys or marketing purposes, and even then only to the extent
necessary for the specific instance.
10.5.
Bright
On Capital may disclose any information we have about you including your
identity and the transactions performed on the Website, your username and
account details, if we determine that such disclosure is necessary:
10.5.1.
In
connection with any transaction you have authorised on the Website;
10.5.2.
in
connection with any investigation or complaint regarding your use of the
Website; or
10.5.3.
to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) Bright
On Capital’s rights or property, or the rights or property of visitors to or
users of the Website, including Bright On Capital’s Registered Users.
10.6.
Bright
On Capital reserves the right at all times to disclose any information that Bright
On Capital deems necessary to comply with any applicable law, regulation, legal
process or governmental request.
10.7.
Bright
On Capital may disclose any information if it determines that applicable law
requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
10.8.
You
acknowledge and agree that Bright On Capital may preserve any transmittal or
communication by you with Bright On Capital through the Website or any service
offered on or through the Website, and may also disclose such data if required
to do so by law or Bright On Capital determines that such preservation or
disclosure is reasonably necessary to
10.8.1.
comply
with legal process;
10.8.2.
enforce
these Terms and Conditions;
10.8.3.
respond
to claims that any such data violates the rights of third parties;
10.8.4.
protect
the rights, property or personal safety of Bright On Capital, its employees,
users of or visitors to the Website, and the public at large.
10.9.
Our
employees are required to maintain strict confidentiality.
11.
INDEMNITY
11.1.
Bright
On Capital will not be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including lost profits, even if Bright
On Capital has been advised of the possibility of such damages.
11.2.
If,
notwithstanding the other provisions of these Terms and Conditions, Bright On
Capital is found to be liable to you for any damage or loss which arises out of
or is in any way connected with your use of the Website or any Content, Bright
On Capital’s liability shall in no event exceed R100 (one hundred rand).
12.
MODIFICATION
12.1.
Bright
On Capital reserves the right to, at any time, and without prior notice:
12.1.1.
to
modify, suspend or terminate operation of or access to the Website, or any
portion of the Website, for any reason;
12.1.2.
to
modify or change the Website, or any portion of the Website, and any applicable
policies or terms; and
12.1.3.
to
interrupt the operation of the Website, or any portion of the Website, as
necessary to perform routine or non-routine maintenance, error correction, or
other changes.
13.
TERMINATION
13.1.
You
agree that Bright On Capital may, in its sole discretion and without prior
notice, terminate your access to the Website or block your future access to the
Website if we determine that you have violated these Terms and Conditions or
other agreements which are associated with your use of the Website.
13.2.
You further
agree that any violation by you of these Terms and Conditions will constitute
an unlawful and unfair business practice, and will cause irreparable harm to Bright
On Capital, for which monetary damages would be inadequate, and you consent to Bright
On Capital obtaining any interdict or other relief that Bright On Capital deems
necessary or appropriate in such circumstances. These remedies are in addition
to any other remedies Bright On Capital may have at law or in equity.
13.3.
You
agree that Bright On Capital may, in its sole discretion and without prior
notice, terminate your access to the Website, for cause, which includes (but is
not limited to:
13.3.1.
requests
by law enforcement or other government agencies;
13.3.2.
a
request by you (self-initiated account deletions);
13.3.3.
discontinuance
or material modification of the Website or any service offered on or through
the Website; or
13.3.4.
unexpected
technical issues or problems.
13.4.
You
agree that Bright On Capital will not be liable to you or to any third party
for termination of your access to the Website as a result of any violation of
these Terms and Conditions.
13.5.
If Bright
On Capital takes any legal action against you as a result of your violation of
these Terms and Conditions, Bright On Capital will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and costs of such
action, in addition to any other relief granted to Bright On Capital.
14.
JURISDICTION
AND DISPUTE RESOLUTION
14.1.
In the
event of any dispute arising out of or in connection with your use of the
Website, the parties shall attempt, promptly and in good faith, to resolve any
such dispute.
14.2.
In the
event that the dispute cannot be resolved amicably within 30 (thirty) days),
then either party may submit the dispute to mediation. If the dispute cannot be
resolved through mediation, then the parties shall be free to pursue any right
or remedy available to them under applicable law.
14.3.
All
matters relating to your access to or use of the Website, including all
disputes, will be governed by the laws of the Republic of South Africa.
14.4.
You
agree to the jurisdiction of the South Gauteng High Court .
14.5.
Any
claim under these Terms and Conditions must be brought within one (1) year
after the cause of action arises, or such claim or cause of action is barred.
14.6.
No
recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and
attorneys’ fees.
COPYRIGHT © BRIGHT ON CAPITAL (PTY) LTD 2015. ALL
RIGHTS RESERVED
