OF SOUTHERN AFRICA NPC (FPI)
FPI WEBSITE TERMS AND CONDITIONS
The FPI website is comprised of various web pages operated by FPI.
The FPI website is offered to you conditioned on your unconditional acceptance of the terms, conditions, and notices contained herein. Your use of the FPI website constitutes your acceptance of, and agreement to, all such terms, conditions, and notices.
If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.
2. MODIFICATION OF THESE TERMS AND CONDITIONS:
2.1 Any of the information on this website may be changed, amended or revised by FPI at any time, without notice.
2.2 FPI reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and you are advised to review these terms and conditions periodically for changes. Your continued use of the FPI website, following the posting of changes to these terms and conditions, implies your unconditional acceptance of such changes.
3. LINKS TO THIRD PARTY SITES:
3.1 To the extent that the FPI website contains links to outside services and resources, FPI does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
3.2 FPI, its directors, affiliates, subsidiaries, employees, volunteers, servants, representatives and/or agents does not endorse and are not responsible or liable, in anyway whatsoever, for the contents, maintenance of, or activities conducted on, any website to which the FPI website provides a link.
3.3 Despite the fact that the FPI website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk and FPI is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained in such other websites.
3.4 You are not permitted to link or "deep link" to the FPI website or to "frame" any part of the FPI website, without the written permission from FPI.
4. NO UNLAWFUL OR PROHIBITED USE:
4.1 As a material condition of your use of the FPI website, you warrant to FPI that you will not use the FPI website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
4.2 You may not use the FPI website in any manner which could damage, disable, overburden, or impair the FPI website or interfere with any other party's use and enjoyment of the FPI website.
4.3 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FPI website.
4.4 You may not harvest, source, find, mine, secure or otherwise gather or collect and/or use information from the FPI website for any commercial purposes or purposes not intended for which includes, but is not limited to, transmitting or procuring the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). It is specifically recorded that the information published on the website pages of FPI members (which includes their contact details and e-mail addresses) is intended solely for the purpose of providing easy access for bona fide members of the public wishing to engage any one of these FPI members for financial planning or advisory services.
5. USE OF COMMUNICATION SERVICES:
5.1 The FPI website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
(f) Conduct or forward surveys, contests, pyramid schemes, unsolicited advertising or promotion, or chain letters.
(g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
(h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(i) Restrict or inhibit any other user from using and enjoying the Communication Services.
(j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(k) Harvest or otherwise collect information about others, including email addresses, without their consent.
(l) Violate any applicable laws or regulations.
5.2 FPI has no obligation to monitor the Communication Services. However, FPI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FPI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
5.3 FPI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FPI's sole discretion.
5.3 You are advised to always use caution when giving out any personally identifying information about yourself or your family in any communication service.
5.4 The FPI does not control or endorse the content, messages or information found in any communication service and, therefore, the FPI specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service.
5.5 Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are obliged to adhere to such limitations.
5.6 Any views or statements made or expressed on the FPI website, including but not limited to the communication service, are not necessarily the views of FPI, its directors, affiliates, employees, volunteers, servants, representative and/or agents.
6. GENERAL DISCLAIMER:
6.1 FPI provides the materials in the websites "as is" and without warranties of any kind, either expresses, or implied.
6.2 While FPI endeavours to ensure that the contents of the website are operational FPI makes no representation or warranty, whether express or implied, as to the actual operation, integrity, availability or functionality of the FPI website or as to the accuracy, completeness or reliability of any information on the website.
6.3 Any person who relies on the website’s operation and/or the information contained in the website does so at their own risk.
6.4 FPI does not warrant that the functions contained in the materials will be uninterrupted or error free, that these sets will be corrected, that the FPI website or the server(s) that make the FPI website available are free of viruses or other harmful components.
6.5 FPI does not warrant or make any representations regarding the results of the use of the materials in the FPI website in terms of their correctness, reliability or otherwise.
6.6 FPI also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software.
6.7 You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network or your hardware or software.
6.8 FPI cannot guarantee and does not warrant that the FPI website or information published thereon will not be abused or misused by users or third parties.
6.9 To the fullest extent permissible pursuant to applicable law, FPI disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose.
6.10 FPI does not accept any responsibility for any errors or omissions on this website.
7. WEBSITE INFORMATION AND CONTENT:
7.1 FPI has prepared the information contained on this website as a value-add service to its members, readers and the general internet community.
7.2 The material on the FPI website is for information purposes only and does not, in anyway whatsoever, constitute advice, direction or a recommendation of any kind.
7.3 FPI has applied reasonable effort in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website. By using the information from the FPI website or any link to any other website you do so entirely at your own risk.
7.4 You acknowledge that any assessment or reflection of the performance of FPI or any other third party does not mean that such performance will be repeated and should not be relied upon in any way.
7.5 Any reference that FPI makes to any specific commercial product, service or process, (or provider of such product, service or process), thought a trade name, trademark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation, or approval by FPI.
7.6 Content on the FPI website may be provided by third parties and users. Any opinions, advice, statements, services, office or other information expressed or made available by a third party, including information providers, users or others are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of FPI.
7.7 Any views or statements made or expressed on this website are not necessarily the views of FPI, its directors, affiliates, employees, volunteers, servants, representative and/or agents.
8. EXCLUSION OF LIABILITY AND INDEMNITY:
8.1 FPI, its directors, affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content or the operation of the FPI website or any linked websites, even if FPI has been advised of the possibility of such loss, expense, claim or damages.
8.2 You hereby indemnify FPI, its directors, affiliates, subsidiaries, employees, servants and agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from your use, in any way whatsoever, of this website.
9. TERMINATION AND/OR ACCESS RESTRICTION:
9.1 If you register as a FPI website user, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify FPI of any unauthorised use of your username and password or any other breach of security.
9.2 FPI reserves the right to terminate or restrict your access to the FPI website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of the FPI website.
9.3 Use of the FPI website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FPI as a result of this agreement or use of the FPI website. FPI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FPI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FPI website or information provided to or gathered by FPI with respect to such use.
10. INTELLECTUAL PROPERTY RIGHTS:
10.1 The contents of this website, including (without limitation) any software, icons, text, links, graphics, images, illustrations, designs, photographs, video clips, sound clips, button icons, advertisements, lay out, arrangements, graphical user interface, look and feel, control features, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of FPI and/or other licensed to FPI.
10.2 Any unauthorised modification, copying, reproducing, republishing, framing, uploading to third parties, transmitting, distributing or using the contents, information or materials on this website, except as expressly provided in these terms and conditions or applicable intellectual property laws, is strictly prohibited.
If any one or more of the provisions of these terms and conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby and shall continue in full force and affect.
13.1 No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which we may show, grant or allow you or failure or delay by us to exercise any of our rights will operate as an estoppel against us or constitute a waiver of any such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
13.2 Any rights not expressly granted or otherwise provided for herein are remain fully reserved.