Terms & Conditions Of Use
This electronic transmission communication platform (“Platform”) is made available specifically to persons in the Republic of South Africa (“South Africa”) and the larger African region.
The terms below will apply.
A. FOR PERSONS ACCESSING THE PLATFORM IN SOUTH AFRICA
1. ACCEPTABLE USE
1. 1 By accessing this electronic communication group platform (“Platform”), you agree to –
1.1.1 strictly adhere to and be bound by Traders Textbook’s (Pty) Ltd.’s (“Traders Textbook”) acceptable use policy set out herein as amended from time to time (“Policy”);
1.1.2 the terms and conditions of WhatsApp & Telegram;
1.1.3 conduct yourself in an appropriate and respectable manner;
1.1.4 not make any inappropriate, insensitive, discriminatory, racist or similar remarks or statements (“Improper Use”);
1.1.5 not take part in any dishonest, fraudulent or criminal activity (“Criminal Conduct”);
1.1.6 immediately notify Traders Textbook should you reasonably suspect or become aware of any Improper Use or Criminal Conduct associated with the Platform; and
1.1.7 not, directly or indirectly, cause any loss or damage to Traders Textbook, the group of companies (“Traders Textbook Group”) and/or any other Platform users.
1.3 You acknowledge and agree that you are accessing this Platform entirely voluntarily and you are solely responsible for all data or information transmitted or disseminated by yourself (or on your behalf) on the Platform, including all risk, responsibility and liability in respect thereof and Traders Textbook does not assume any risk, responsibility and liability in this regard.
1.4 Traders Textbook reserves the right to terminate or suspend your access to the Platform at any time, without cause or reason.
1.5 The headings in this Policy are for ease of reference only and shall not affect the construction or interpretation hereof.
2. NO ADVICE
2.1 You acknowledge and agree that –
2.1.1 nothing transmitted, disclosed, disseminated or otherwise communicated by Traders Textbook, any of its services providers or any third party on the Platform constitutes any form of advice, recommendation or guidance whatsoever and should therefore not be interpreted, viewed or construed as advice (including investment advice) and you are solely responsible for obtaining suitable professional advice, including investment advice, financial advice, accounting advice, taxation advice, legal advice and/or such other advice as may be necessary or desirable in respect of the information disseminated or referenced;
2.1.2 nothing transmitted, disclosed, disseminated or otherwise communicated by Traders Textbook, any of its services providers or any third party on the Platform should be construed as an offer or inducement to enter into an agreement, commitment or transaction;
2.1.3 all information or data transmitted, disclosed, disseminated or otherwise communicated by Traders Textbook, any of its services providers or any third party on the Platform constitutes factual and objective research/analysis or commentary and, as such, does not amount to “advice” for purposes of the Financial Advisory and Intermediary Services Act, 2002 or any similar law or enactment; and
2.1.4 all information or data transmitted, disclosed, disseminated or otherwise communicated by Traders Textbook, any of its services providers or any third party on the Platform constitutes factual and objective research/analysis or commentary and, as such, does not amount to “advice” for purposes of the Financial Advisory and Intermediary Services Act, 2002 or any similar law or enactment; and
3. CONSENT TO DATA COLLECTION, RETENTION & PROCESSING
3.1 You authorise Traders Textbook to collect your personal information as defined in the Protection of Personal Information Act, 2013 (“POPI”) which may among other things include information such as your address, identification number, bank account details, e-mail address, telephone numbers, gender, age, postal address or any other data disclosed or disseminated on this platform (“Personal Information”) and further authorise Traders Textbook to collect, retain and process such Personal Information in South Africa and other jurisdictions for the purpose of effectively administrating, managing and effecting communication on this platform and to supply the services in respect thereof; (ii) to comply with applicable laws; (iii) to process instructions and requests; (iv) to supply marketing and any other information in respect of the services or products supplied by Traders Textbook and/or any of its associates, subject thereto that you shall be entitled to opt-out of any such marketing communication; (v) to detect and protect against error, fraud or other criminal activity.
3.2 Subject to the applicable laws and/or any other agreement with you, Traders Textbook shall retain records of your Personal Information only for as long as is necessary to achieve the purpose for which it was collected or processed and you shall, on condition that your supply suitable proof of identity, be entitled to request (i) confirmation as to whether Traders Textbook possesses any Personal Information pertaining to you; (ii) a record or a description of such Personal Information (iii) information about the identity of all third parties who currently have or have had access to such Personal Information; (iv) generally, any record Traders Textbook may hold and is required to you in terms of the Promotion of Access to Information Act, 2000 (No. 2 of 2000); (v) to correct or delete information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; (vi) destroy or delete a record of Personal Information about you that Traders Textbook is no longer authorised to retain in terms of the applicable laws.
3.3 All requests for provided for in 3.2 must be submitted, in writing, to Traders Textbook’s information officer at the following details: firstname.lastname@example.org.
4. LIMITATION OF LIABILITY
4.1 For purposes of this clause 4 any reference to “Traders Textbook” shall include Traders Textbook PTY LTD, the Traders Textbook Group, its directors, employees, contractors, service providers, agents, assigns, associates, successors and partners.
4.2 You acknowledge and agree that Traders Textbook shall not be liable for any claims, damages, losses or negative effects arising from or in connection with the Platform or any data or information transmitted, disclosed, distributed or shared in connection therewith (including any remarks, statements or views expressed on the Platform).
4.3 You unconditionally and irrevocably indemnify Traders Textbook Pty Ltd (and Traders Textbook shall have no liability) for any claims, damages, losses or negative effects arising from or in connection with –
4.3.1 the use and access to the Platform and/or any information or data transmitted, disclosed, disseminated or otherwise communicated on the Platform;
4.3.2 unavailability, downtime (whether planned or not), maintenance, development, failure, breach or compromise of the Platform or any software and/or infrastructure associated therewith;
4.3.3 any errors (typographical, accidental, inadvertent or otherwise) in respect of the information obtained, disclosed, transmitted, accessible and/or displayed through Platform or any software and/or infrastructure associated therewith; and
4.3.4 the transmission, disclosure, dissemination or reproduction of any information or data transmitted, disclosed, disseminated or otherwise communicated on the Platform.
4.4 Traders Textbook will under no circumstances whatsoever be liable for any indirect and/or consequential damages, arising from or in connection with the Platform, the use thereof, any information or data disclosed, transmitted or received in respect thereof.
4.5 You irrevocably and unconditionally indemnify Traders Textbook for any claims, damages and/or losses arising from or in connection with any failure, breach, compromise or unavailability of data (including Personal Information) stored or processed by a third party in connection with the Platform.
5.1 No information or data transmitted, disclosed, disseminated or otherwise communicated by Traders Textbook or any of its services providers on the Platform may be disclosed, forwarded, disseminated, reproduced or copied in whole or in part without prior written approval from Traders Textbook, which consent may be withheld in Traders Textbook’s absolute discretion, and you agree to wholly indemnify Traders Textbook if any such information or data is disclosed, forwarded, disseminated, reproduced or copied (whether with the approval of Traders Textbook or not) and the use thereof.
6. APPLICABLE LAW AND JURISDICTION
6.1 The use and access to the Platform will in all respects be governed by and construed in accordance with the laws of South Africa.
6.2 All information or data transmitted through the Platform is strictly intended for use in the South Africa and may only be used, accessed, transmitted or distributed in other jurisdictions subject to compliance with applicable laws.
7.1 Traders Textbook reserves the right to vary or amend this Policy at any time.