The use of the Senwes website (hereinafter referred to as "this website"
or "the website") is subject to the terms and conditions as set out
below. It is important that the user reads and understands the terms and
conditions applicable to the Senwes website.
ACCEPTANCE
These terms and conditions become effective when the user accesses the
website for the first time and constitute a binding agreement between
Senwes Limited, registration number 1997/005336/06 and the user.
INFORMATION ON THIS WEBSITE
All information on this website is intended to provide the user
with general information about Senwes, its products and services.
All information regarding the products and services, including
information in respect of the terms and conditions, interest rates
or any other matters, is subject to change without notice.
This website and all information provided on this website, as
well as services provided on this website, are provided voetstoots.
The information provided on this website should not be regarded as
professional advice of any nature and no warranties in this regard
are given.
ONLINE SERVICES
Senwes' online products and services ("online services") are
subject to registration and approval, which Senwes may accept or
reject at its sole discretion.
In the event of a conflict between these terms and conditions
and the terms and conditions between the individual client and
Senwes, the provisions of the individual agreement shall apply.
THIRD PARTY INFORMATION
Senwes may use the services of any other third party to provide
information on this website. Senwes has no control over the third
party information and makes no representations or warranties of any
nature as to its accuracy, appropriateness or correctness. Senwes
will not be directly or indirectly liable for any damages, of
whatsoever nature, which may arise from the user's reliance on such
information.
PRIVACY
Senwes' commitment to client privacy and security is outlined in
Senwes' Protection of Privacy Policy.
AMENDMENTS TO THESE CONDITIONS
Senwes may amend these conditions from time to time without
notice to the user. By accessing this website, the users are bound
to a version of the terms and conditions published at the time of
any visit to this website. The user agrees to review the current
version each time that this website is visited.
The current version of these conditions will govern the
respective rights and obligations of Senwes and the user each time
the user accesses this website.
LINKED THIRD PARTY WEBSITES
This website may contain certain images and links to other third
party websites ("linked websites"), with information and material
produced by other parties. The linked websites are not under the
control of Senwes and Senwes is not responsible for the contents of
any linked website, including without limitation any link contained
in a linked website, or any changes or updates to a linked website.
Senwes is not responsible for any form of transmission from a
linked website and is also not responsible if the linked website is
not working properly.
Senwes provides these links for convenience's sake only and any
links do not imply endorsement by Senwes of this website, its
business or security practices or any association with the operators
of such website.
INTELLECTUAL PROPERTY RIGHTS
This website contains copy right and other intellectual
property, including logos and other graphics and multi media works
belonging to Senwes.
The user is authorised to view and download one copy to a local
hard drive or disk, print and make copies of such print-outs,
provided that:
The material is used for online services and no other
commercial purposes.
Any reproduction of the proprietary material from this
website or portion thereof, must include Senwes' copyright
notice in its entirety.
The logos and trade mark shown on this website, are Senwes'
registered and unregistered trademarks, and not that of third
parties.
Nothing on this website should be construed as granting any
license or right to use any trade mark without Senwes' written
permission and/or that of third parties, as the case may be. The
user may not, without Senwes' written consent, use Senwes'
intellectual property or that of third parties for any purpose
whatsoever.
SENDING OF INFORMATION
Information transmitted through an unsecured link over the
Internet, including e-mail, is subject to potential unlawful access
or monitoring. Senwes has taken certain measures to limit the risks
in this regard. The measures are outlined in Senwes' policy
regarding the protection of privacy.
The user accepts that Senwes cannot be held liable for any loss
or damage suffered by the user as a result of unlawful activities by
unscrupulous persons, as Senwes cannot prevent such behaviour.
Senwes may request independent verification of any information
transmitted by the user through the website or e-mail from time to
time, to limit these risks.
WARRANTIES AND REPRESENTATIONS
All the information appearing on this website is provided
without a representation or warranty whatsoever, whether expressed
or implied, and Senwes deny any liability towards the user in this
regard.
Senwes makes no representation or warranties regarding the
accuracy, functionality, fitness for purpose or infringement in
connection with this website and disclaims any liability in this
regard.
Senwes does not warrant that the website or online services will
be error-free.
DISCLAIMER AND LIMITATION OF LIABILITY
Senwes has taken reasonable steps as far as possible to ensure
the accuracy and completeness of the contents shown on this website,
to ensure that the user doesn't suffer any loss or damage as a
result of the use of this website.
Use of this website and the online services is entirely at the
user's own risk. The user assumes full responsibility for the loss
resulting from the use of this website and the user's reliance on
information contained on it.
In no event will Senwes be liable for any damages whatsoever,
direct, indirect, special, incidental, or consequential relating to
the user's use of this website or the online services or the
information contained on this website or the user's inability to use
this website or the online services, whether such damages arose out
of contract, or delict or otherwise and regardless of whether Senwes
was expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above and to the
extent legally permitted, Senwes shall not be liable for:
Any interruption, malfunction, downtime, offline situation or
other failure of the website or online services, Senwes' system,
data bases or any of its components, beyond Senwes' reasonable
control;
Any loss or damage with regard to the user's data or other data,
directly or indirectly caused by malfunction of Senwes' system,
third party systems, power failures, unlawful access to or theft of
data, computer viruses or destructive codes on Senwes' system or
third party systems, programming defects;
Any interruption, malfunction, downtime or other failure of
goods or services provided by third parties, including, without
limitation, third party systems such as the public telecommunication
service providers, Internet service providers, electricity
suppliers, local authorities and certification authorities, or any
event over which Senwes has no direct control.
CAPACITY TO ENTER INTO AGREEMENTS
The user hereby warrants to Senwes that the user has the
required legal capacity to enter into and be bound by these terms
and conditions;
Minors must be assisted by their legal guardians when reading
these terms and conditions.
USER'S LIABILITY TO SENWES
The user shall be liable to Senwes for any damages, costs or
expenses incurred by Senwes as a result of any breach by the user of
these terms and conditions.
TERMINATION, SUSPENSION AND LIMITATION
Senwes may:
Impose limits or conditions on the right to certain services,
features or functions on this website;
Restrict access to parts or all of the services on this website;
and
Modify, suspend or discontinue this website, whether temporarily
or permanently, without notice.
SENWES' ADDRESS
Senwes' address for any legal notices is:
The Group Secretary
Senwes Limited
1 Charl de Klerk Street
KLERKSDORP
2570
Contact number: (018) 4647104.
APPLICABLE LAW AND JURISDICTION
The terms and conditions pertaining to any products or services
appearing on this website shall be governed and interpreted in
accordance with the laws of the Republic of South Africa and
application for any of the products or services offered on this
website or pages will constitute the user's consent and submission
to the jurisdiction of the South African courts regarding all
proceedings, transactions, applications or the like instituted by
either party against the other, arising from any of the terms and
conditions pertaining to this website or such products or services.
GENERAL PROVISIONS
Headings of clauses in these conditions are provided for
convenience and ease of reference only and will not be used to
interpret, modify or amplify the terms and conditions.
No failure or delay by Senwes to exercise any of Senwes' rights
will be construed as a waiver of any such right, whether this is
done expressly or implied, nor will it affect the validity of any
part of these terms and conditions or prejudice Senwes' right to
take subsequent action against the user.
If any of these terms and conditions are held to be invalid,
unlawful or unenforceable, the term or condition will be deleted
from the remaining terms and conditions, which will continue to be
valid to the full extent permitted by the law.