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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.
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.
2.1. These Terms and Conditions apply to the Website and all associated sites linked to the Website by Bright On Capital.
3.1. The Website is the property of Bright On Capital (Pty) Ltd.
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.
5.1. 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.
6.1. 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.
7.1. Bright On Capital protects your personal data saved by us against unauthorized access and misuse, by implementing technical and organizational measures.
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.
9.1. 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.
10.1. 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.
10.3. 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.
11.1. 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).
12.1. 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.
13.1. 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.
14.1. 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