These terms and conditions of use (“agreement”) govern the access and general use of The Funding Junction (PTY) Ltd (“TFJ”, “we”) website, www.thefundingjunction.co.za (“the website”).
This agreement constitutes an agreement between the user (“you”) and TFJ and it is therefore important that you read and understand these terms and conditions.
Acceptance by you of the terms and conditions of this agreement
The website is made available to you by TFJ, subject to your acceptance of the terms and conditions of this agreement. Accessing of and using the website constitutes an acceptance by you of this agreement and an undertaking to abide by the terms and conditions set out herein. Should you object to or disagree with any provision contained in this agreement, then you must cease your use of, or access to, the website in any manner whatsoever.
We reserve the right to revise and amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to the Website. You are advised to review the Terms and Conditions from time to time to ensure that you are up to date with any amendments. You will however be bound by the terms and conditions published on the website at the time of access.
Information on the website
The information on the website is general information about TFJ and it’s services. This information is to serve as a guideline only and is subject to final verification and confirmation. Any reliance upon any such information shall be at your sole risk.
Information provided by other parties may be published on the website from time to time. TFJ has no control over this information, makes no representations regarding the information and cannot warrant that it is accurate, appropriate or correct. In addition, live information feeds could be delayed and you should always ensure that you are viewing the most current information.
The information is provided “as is” and TFJ will not be directly or indirectly liable for any damages that may arise if you rely on this information.
TFJ gives no warranty of whatsoever nature expressed or implied as to the accuracy, reliability and completeness of any information on this website
Links
For your convenience, the website may contain images and links to other websites belonging to, or operated by third parties. TFJ is not endorsing any such third party websites, the content thereof, products or services they offer or the owners of these third party websites.
Use of the linked third party website and information or content set out therein is done at your own risk, and TFJ will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.
Privacy Policy and Security
The terms of TFJ’s commitment to keep your information private, confidential and secure are contained in our Privacy Policy.
You may not use the website for any unlawful purpose are prohibited from violating or attempting to violate the security of the website, in any form or manner.
Violations of any system or network security may result in civil and/or criminal liability.
Copyright and Intellectual Property Rights
The website is subject to copyright and intellectual property rights of TFJ and other third parties.
You may not copy, reproduce, display or use any intellectual property of TFJ or third parties which are used under license by TFJ in any manner whatsoever without TFJ’s prior written permission and nothing contained on the website should be construed as granting any licence or right of use of any intellectual property.
Obligation in relation to Confidential Information
The Receiving Party (“TFJ”) undertakes in favour of the Disclosing Party (“you”) that it shall, save to the extent that you expressly agree otherwise in writing:
not at any time and whether directly or indirectly, use or exploit or allow the use or exploitation of the Confidential Information for purposes other than the Authorised Purposes and other than in accordance with the provisions of this Agreement;
not at any time and whether directly or indirectly, divulge or disclose to any person any of the Confidential Information other than to the Authorised Persons who:
require such disclosure in order to perform their duties in relation to the Authorised Purposes;
are aware that the Confidential Information must be kept confidential;
are aware of TFJ’s undertakings in relation to such Confidential Information in terms of this Agreement; and
have been directed by TFJ to keep the Confidential Information confidential and have undertaken in writing to keep such Confidential Information confidential;
establish and maintain reasonable security measures to safeguard the Confidential Information from access or use not authorised by this Agreement;
notify you immediately upon becoming aware that Confidential Information may be disclosed or has been disclosed to an unauthorised third party;
immediately take all steps that are necessary to prevent any suspected or threatened breach of confidentiality.
TFJ acknowledges that all the undertakings given by it in terms of this clause are fair and reasonable and are reasonably required by you in order to protect the proprietary interests of your Confidential Information.
Save to the extent expressly provided for in this Agreement, all of TFJ’s obligations in terms of this Agreement shall commence on the acceptance date or to the extent that any Confidential Information has been disclosed by you prior to the acceptance date, this Agreement shall be deemed to have commenced on the date on which that disclosure was made.
The Confidentiality Information Agreement shall endure for a period of five years following the acceptance date or for a period of two years following the date of the last disclosure of the Confidential Information to TFJ (“Secrecy Period”), whichever is the longer period, whether or not the Parties continue to have any relationship for that period of time.
Notwithstanding anything to the contrary contained in this Agreement, this Agreement may not be terminated by any
Exclusion of liability in relation to Confidential Information
Notwithstanding anything to the contrary herein contained, TFJ’s undertakings in clause 7 shall not apply:
in respect of any information which has been or which is made public otherwise than through a breach of this Agreement; and
in respect of any information which is known to, or in the possession of TFJ prior to the disclosure thereof by you.
Communication
You authorise TFJ to act on any communication that purports to originate from you and you will not hold TFJ liable if we act on such communication or if you execute an instruction more than once.
No e-mail communication shall be deemed to have been received by TFJ until a response has been issued by TFJ acknowledging receipt thereof. An automated response from TFJ shall not fulfill this requirement.
You accept and agree that TFJ cannot be held liable for any loss, damage, claim, costs or expense arising from any unlawful access, monitoring of or tampering with any communications received from or sent to you.
Availability of the website
TFJ in its sole discretion and without notice may suspend or discontinue the website, modify it or impose limits on the rights of use, features or functions; or restrict access to the website or parts thereof.
This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks.
Disclaimer
Use of this website and the online services is entirely at your own risk and you assume full responsibility for the risk or loss resulting from the use of the website and your reliance on information contained on it.
TFJ makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the information, services, software, advise, tools, content or online services, text, and graphics set out on the website. TFJ reserves the right, in its sole discretion, to correct any errors or omissions in any part of this website.
TFJ accepts no liability for any damages, losses, claims, costs or expenses (“damages”) whether direct, indirect, special, incidental, or consequential whatsoever relating to your usage of the website or the online services or information contained on the website or your inability to use the website or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether TFJ was expressly advised of the possibility of such damages.
Without derogating from the generality of the above, TFJ will not be liable for:
Any interruption, malfunction, downtime, loss of data, programming defects or other failure of the website or online services, third party systems, databases or any of its components, power failures, unlawful access or tampering, hacking or computer viruses;
Any interruption, malfunction, downtime or other failure by third parties such as telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event or party over which TFJ has no direct control.
General Provisions
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement, which TFJ may show, grant or allow you or failure or delay by TFJ to exercise any of our rights, will operate as an impediment against TFJ or constitute a waiver of any such right. TFJ shall not thereby be prejudiced or prevented from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.
Applicable Law and Jurisdiction
These Terms and Conditions and the use of, or inability to use, the website shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Contact Details
If you would like to contact TFJ, please use the details found on the “Contact Us” page.