NCS SERVICE TERMS OF USE
The NCS South Africa Service Terms of Use is a contract between You and NCS South Africa and govern Your use of this Service. You may not use the Service unless You agree to abide by these Terms so it is very important that You read these Terms and any other documents referred to in these Terms very carefully. You will signify Your agreement with these Terms and to be bound by them if you do either of the following:
– By using the Service in any way, in which case You understand and agree that NCS South Africa will treat Your Service use as acceptance of these Terms from the moment You first begin to access the Service; or
– Click to accept or agree to these Terms where NCS South Africa offers an option to do so available to You.
If You do not agree with any provision contained in these Terms, please do not use the Service in any way.
Important Provisions in these Terms
These Terms contain provisions which limit Our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these terms of use. You can find these provisions in the Liability section below. The Content available through the Service and the Service itself are made available to you for limited uses. In the Service Use section below, We explain which uses of the Service and the Content made available on or through the Service are appropriate and which are not. It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by these provisions.
Legal Age and Capacity
You may not use the Service and may not accept these Terms if You –
– lack the legal capacity to enter into a binding contract with NCS South Africa;
– are a person who is not permitted to access or use this Service under the laws of the country in which You are resident or from which You access this Service; and/or
– require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.
By using the Service and/or the Content You represent and warrant that You are of full legal age or are emancipated or have Your guardian’s consent to enter into a contract being these Terms.
Changes to these Terms
NCS SOuth Africa may, in its sole discretion, amend these Terms at any time, in any way. NCS South Africa will give notice of and publish the amended Terms through the Service. The amendments will come into effect on the basis specified in the notice NCS South Africa gives of the proposed amendments. It is Your responsibility to review these Terms regularly and to ensure that You agree with any amendments to these Terms. If You do not agree with any amendments to these Terms, do not use the Service.
Service use
Notwithstanding the subject matter of the Content provided through the Service, Your reliance on the Content for any purpose whatsoever and to any extent must be on the basis set out in these Terms. Not an offer NCS South Africa presents the Content through the Service for informational purposes only. The Service does not cater for any particular User’s investment objectives, financial situation, or means. The Content is specifically not to be construed as –
– a recommendation; or
– an offer to buy or sell; or
– the solicitation of an offer to buy or sell any Value Added Services, security, financial product, or instrument; or
– to participate in any particular trading strategy in any jurisdiction either at all or in which such an offer or solicitation or trading strategy would be illegal.
The Service may include references to certain transactions, including those involving futures, options, and high-yield securities, which tend to give rise to substantial risk and are not appropriate for all Users. Although the Content is based upon information that NCS South Africa considers reliable and which NCS South Africa endeavours to keep current, NCS South Africa does not represent that Content is accurate, current, or complete and it should not be relied upon as such. Not advice NCS South Africa has not determined that the Content is suitable for any particular purpose and/or User whatsoever, other than as a general reference and has not necessarily disclosed all risks relating to the Content or its subject matter. The fact that NCS South Africa has made the Content available to You is neither a recommendation that You enter into a particular transaction or a representation that the Service or any part thereof is suitable or appropriate for You. Any discussion of the risks associated with the Content, particularly with respect to the Service should not be considered to be a disclosure of all risks or complete discussion of such risks. You should not rely on the Content for professional advice (including, but not limited to business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice) or as a basis for any investment, transactional or similar decisions you make or which are made on Your behalf without first consulting with Your own advisors (who may include Your attorney, tax, accounting and investment advisors).
Changes to the Service
NCS South Africa may, in its sole discretion, add new features, where features may or may not include Value Added Services and modify or even discontinue existing features, including discontinuing such Value Added Services, without notice to You. In addition, the Service may include technical, typographical or other inaccuracies and You are urged to contact NCS South Africa to confirm all information contained through the Service before placing any reliance on it. Changes are periodically made to the information through the Service and these changes will be incorporated in new editions of this Service. NCS South Africa may alter or amend any criteria or information set out in this Service without notice.
NCS South Africa’s Content License
NCS South Africa grants you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use NCS South Africa’s Content either on or through the Service through a generally available web browser, mobile device or application. This licence is for the sole purpose of enabling You to use the Service and NCS South Africa’s Content on the Service in the manner permitted by these Terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without NCS South Africa’s express written consent. In the event that NCS South Africa revokes this license, you may no longer use the Service or make any use of NCS South Africa’s Content. Unless NCS South Africa has given You specific written permission to do so, You may not transfer, through an assignment of rights, sub-licence or otherwise, Your rights to use the Content or the Service or otherwise transfer any part of Your rights to use the Content or the Service. You may copy, reproduce, distribute, transmit, display, broadcast or publish any Content if expressly permitted (such permission to be interpreted in its most restrictive sense), provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to the Content are retained and displayed without alteration or modification and not in any manner obscured or removed. You are further required, as a condition of this Content license, to attribute NCS South Africa as the Content’s source by publishing the page on the Service from which You obtained the Content together with any publication of the Content as permitted by these Terms. You acknowledge that you do not acquire any ownership rights or rights to use the Content except where explicitly permitted to do so.
Your Conduct
You agree to comply with all local laws, rules and regulations which govern Your use of the Service as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
– take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent Your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Service;
– submit any person’s personal information to the Service without that person’s informed consent to do so;
– gather or attempt to collect personal information about third parties without their knowledge or consent for commercial, political, charity or similar purposes;
– violate the privacy of any person or attempt to gain unauthorised access to the Service or any other network, including (without being limited to) through hacking, password mining or any other means;
– use the Service to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
– copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Service’s source code or any part thereof, unless this is expressly permitted or required by law, or unless NCS South Africa have specifically told You that You may do so, in writing;
– use the Service in any manner which could damage, impair, overburden or disable the Service or interfere with any other User’s Service use;
– use the Service to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
– use the Service to make fraudulent offers to sell or buy products, items or Services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”;
– use the Service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others; and/or
– otherwise use the Service to engage in any illegal or unlawful activity.
Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then NCS South Africa shall be entitled, without prejudice to any other rights, to:
– without notice, suspend or terminate Your Service use; – hold You liable for any costs NCS South Africa incurs as a result of Your misconduct; and/or – notwithstanding NCS South Africa’s privacy policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by Your actions.