1.1 The Pula Capital Partners website can be accessed at www.pulapartners.co.za and is made available by Pula Capital Partners Proprietary Limited (“Pula Capital Partners”), Registration Number 2015/355536/07, a limited liability private company incorporated in the Republic of South Africa (“Pula Capital Partners”, “we”, “us” and “our”).
1.2 The terms and conditions set out in this document (“Terms and Conditions”) are binding and enforceable against every person (“you”, “your”) that accesses Pula Capital Partners website and/or submits information via the ‘Contact Us Form’.
1.3 These Terms and Conditions govern your use of the Pula Capital Partners website.
- IMPORTANT NOTICE: TERMS AND CONDITIONS BINDING ON YOU
By making use of Pula Capital Partners website or any part thereof, you agree to the terms and conditions contained in this document.
These Terms and Conditions contain certain terms and conditions which:
- may limit the risk or liability of Pula Capital Partners or a third party;
- may create risk or liability for you or a third party;
- may compel you to indemnify Pula Capital Partners or a third party; and/or
- serves as an acknowledgement, by you or a third party, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted by you. Nothing in these Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you, a third party or Pula Capital Partners in terms of the Consumer Protection Act, 68 of 2008.
3.1 In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them:
3.1.1 “Contact Us Form” means the online contact us form (including any information provided in such form;
3.1.2 “Intellectual Property” means any know-how (not in the public domain); invention (whether or not patented); design, trademark (whether or not registered), or any material in which copyright subsists (whether or not registered) and all other identical or similar intellectual property as may exist anywhere in the world;
3.1.3 “Website Content” means any information, consent, material, software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, literary works, musical works, artistic works, sound recordings, computer programs, trade names, logos, designs, trademarks and service marks which are displayed on or incorporated on the LRMG Website.
- DISCLAIMERS AND LIMITATION OF LIABILITY
4.1 The use of Pula Capital Partners is entirely at your own risk and you assume full responsibility for any loss or damage resulting from use of Pula Capital Partners or reliance on any information on Pula Capital Partners, save where such loss or damage was caused by the gross negligence or wilful misconduct of Pula Capital Partners, its employees or its authorised representatives.
4.2 Pula Capital Partners disclaims all liability where any failure in the performance of Pula Capital Partners is due to circumstances beyond its control and in no way attributable to the gross negligence or wilful misconduct of Pula Capital Partners, its employees or authorised representatives.
4.3 Under no circumstances will Pula Capital Partners be liable for direct, indirect, consequential or incidental damages, save where such damages were caused by the gross negligence or wilful misconduct of Pula Capital Partners, its employees or authorised representatives. You acknowledge and accept that, due to the nature of Pula Capital Partners, it may not meet your subjective requirements or be entirely uninterrupted, complete, timely, secure or error free.
4.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Pula Capital Partners also makes no warranty or representation, whether express or implied, that the information or files available from Pula Capital Partners or websites linked to Pula Capital Partners, are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way. 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, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Pula Capital Partners, its employees or authorised representatives. Pula Capital Partners thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of Pula Capital Partners.
As a condition for your use of Pula Capital Partners you indemnify Pula Capital Partners from and against any liability, damage or loss that Pula Capital Partners incurs or suffers as a result of any action, inaction or omission on your part.
- INTELLECTUAL PROPERTY RIGHTS
6.1 The Website Content is the property of Pula Capital Partners. Unauthorised use is strictly prohibited.
6.2 All title, ownership rights and Intellectual Property rights in and to the Content, including but not limited to copyright, rests with Pula Capital Partners.
6.3 You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of Pula Capital Partners.
- CHANGES AND AMENDMENTS
Pula Capital Partners reserves the right to amend these Terms and Conditions from time to time without notification to you. It will be your responsibility to ensure that you are familiar with any amendments. By continuing to access Pula Capital Partners website, you agree to be bound by the latest version of the Terms and Conditions, as published on www.pulapartners.co.za.
- LINKS TO THIRD PARTY SITES
8.1 Pula Capital Partners may contain links to third party websites solely for the convenience of users and the inclusion of any third party link does not imply Pula Capital Partners’ endorsement of such sites.
8.2 Any links to third party websites or pages are not subject to the control of Pula Capital Partners and Pula Capital Partners shall not in any way be held responsible or liable, either directly or indirectly, for the contents, services, use, or inability to use or access any linked third party website or any links contained in a linked third party website.
8.3 Notwithstanding the fact that Pula Capital Partners may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.
- AVAILABILITY AND TERMINATION
9.1 We will use reasonable endeavours to maintain the availability of the Pula Capital Partners website except during scheduled maintenance periods, and reserve the right to discontinue providing Pula Capital Partners website or any part thereof without notice to you.
9.2 Pula Capital Partners may in its sole discretion suspend and modify the Pula Capital Partners website, without notice to you.
- GENERAL PROVISIONS
10.1 These Terms and Conditions are governed by the laws in force in the Republic of South Africa.
10.2 In the event of any dispute arising between you and Pula Capital Partners, you consent to the jurisdiction of the High Court notwithstanding that the quantum in the action or proceedings may otherwise be beyond the monetary jurisdiction of that court. Nothing in these Terms and Conditions should be understood to prevent you or Pula Capital Partners from taking any dispute to any court, tribunal, commission, ombud or other body of competent jurisdiction.
10.3 Pula Capital Partners may legally assign any of its rights and obligations under these Terms and Conditions at any time by giving you notice.
10.4 Pula Capital Partners may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of Pula Capital Partners Website or any of its contents or your right to use Pula Capital Partners website or any of its contents.
10.5 You agree that you shall only use Pula Capital Partners Website for lawful purposes and shall not modify, distribute or exploit the contents of the website without Pula Capital Partners’ prior written consent. You also agree that you shall not abuse or misuse the website or its contents in any manner whatsoever.
11.1 Should you have any questions please contact Pula Capital Partners at firstname.lastname@example.org