Acceptance

These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between Axial Holdings South Africa (Pty) Ltd Registration Number 1991/006792/07 or its co-subsidiaries, associate companies or affiliates.

Nature of Information on this site

All information on this site is only intended to provide the user with general information about Axial. Nothing contained herein constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction.

All information regarding the products and services including information in respect of the terms and conditions, interest rates or other matters, is subject to change without notice.

All information is provided "as is" and should not be treated as professional or investment advice of any kind. The user should consult with a professional advisor before relying on any information on this site.

The website may contain views and opinions that are not necessary those of Axial.

Third Party Information

Axial may use the services of other third party organisations to provide information on the site. Axial has no control over the third party information and makes no representations or warranties of any nature as to the accuracy, appropriateness or correctness of such information. Axial will not be directly or indirectly liable for any damages that may arise from the users reliance on it.

Linked sites

This site may contain links to other websites. While Axial tries to provide links only to reputable websites, we cannot accept responsibility or liability for information provided on other websites. Where the user access a third party website, the user does so at the user's own risk.

Permission for hyperlinks, deep linking, crawlers and metatags

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving the written approval from Axial which may be withheld or granted subject to the conditions we specify from time to time.

Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action on an attorney and own client scale.

Amendments to these conditions

Axial may amend these conditions from time to time without notification to the user. By accessing this site the user are bound by the version of the terms and conditions published at the time of visit to this site and the user agrees to view the current version each time this site is visited.

The current version of these conditions will govern the respective rights and obligations of Axial and the user each time the user access this site.

Intellectual Property Rights

The website may contain information proprietary to Axial and may not be reproduced or disseminated in whole or in part without Axial's written consent. Axial retains all the copyright and other intellectual property rights in all material, including logo's and other graphics and multimedia works published on or via this site.

Nothing on this site should be construed as granting any licence or right to use any trademark without Axial's written permission and/or that of the third parties, as the case may be. The user may not, without Axial's prior written permission, use any intellectual property or that of third parties for any purposes whatsoever.

Irrespective of the existence of copyright, the user acknowledge that Axial is the proprietor of all material on the site, whether it constitutes confidential information or not, and that the user has no right, title or interest in such material.

Transmission of Information

The user accepts that Axial cannot be held liable for any loss or damage suffered by the user as a result of the unlawful activities by unscrupulous persons as Axial can not prevent such behaviour.

Termination, suspension and limitation

Axial may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. Axial may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all the service son the site.

Warranties and representations

All the information appearing on this site is provided without representation or warranty whatsoever, whether expressed or implied, and Axial disclaims any liability to the user in this regard.

Axial makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in
connection with this site and disclaims all liability in this regard.

Axial does not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

Disclaimer and limitation of liability

Use of this site and the online services is entirely at the user's own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and the user's reliance on information contained on it.

In no event will Axial and/or our affiliates, shareholders, agents, consultants or employees be liable for any damage, whether direct, indirect, special, incidental or consequential whatsoever relating to the user's use of this site or the online services or the information contained on this site or the user's inability to use this site or the online services, whether such damage arose out of contract, or delict or otherwise and regardless of whether Axial, and/or our affiliates, shareholders, agents, consultants or employees was expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, and to the extend legally permitted, Axial will not be liable for:
Any interruption, malfunction, downtime, off-line situations or failure of the site or on line services, Axial's systems, databases or any of its components, beyond Axial's reasonable control;

Any loss or damage with regards to the user's data or other data directly or indirectly caused by malfunction of Axial's System, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Axial's systems or third party systems; programming defects;

Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control

Dispute resolution

All disputes arising as a result from the use of this site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

The arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator appointed by the foundation.

Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by an arbitrator confidential unless otherwise contemplated. The arbitrator will have power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

Customer communications

The user acknowledges that Axial will use e-mail and notices on this site, as Axial's main communication tool for all communications relating to this site, or these terms and conditions.

An e-mail message will be deemed sent:

• by the user , at the time at which Axial is capable of accessing such message;
• by Axial, at the time shown on the message as having been sent, or if not so shown, at the time shown on Axial's computer system as having been sent.

An e-mail message is deemed to be delivered:

• by the subscriber once it becomes capable of being retrieved by the user;
• by Axial, once Axial have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier.

A message shall be attributed:

• to the user, if it purports to have originated from the user, irrespective of the fact that someone else may have impersonated the user or whether the message sent to Axial resulted from an error or malfunction in the communication system;
• to Axial, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by Axial and such system operated without error or malfunction.

Unless otherwise provided for in these terms and conditions and subject to Axial having confirmed receipt of the message to the user or responded thereto , whichever is the earlier, confirmation of receipt of your message is required to give legal effect to such message.

Applicable law and jurisdiction

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.