Terms of Service

Last Updated: 08 October 2020

Thank you for visiting Advicement.io. If you have any questions, feel free to send us a message using the Contact Us button.

These terms of service (the “Terms” or “ToS”) govern your access to and use of the website at advicement.io (the “Site”) and services (the “Services”) provided by Advicement Investment Services (Pty) Ltd (“we” or “our” or “Advicement”).

Please read these Terms of Service carefully before using the website, as by accessing or using our Services, you agree to be bound by the ToS. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

By accessing or otherwise using any part of the Services, including to register an account, you acknowledge your agreement to these Terms, in consideration for the mutual promises and obligations contained herein and to the exclusion (to the maximum extent permitted by applicable law) of all other terms and/or conditions which you may purport to apply, including under any purchase order or similar document, even if they do not explicitly contradict.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with us and are not barred under any applicable laws from doing so, including if you are too young to enter into a binding contract. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.

Your Privacy and Your Content

We respect your privacy, and seek to ensure that all laws are complied with and that we implement best practices when it comes to data protection and managing your personal information. We will only use your personal information in a manner that is consistent with the purpose for which it has been provided. You must ensure that the information you provide is accurate and truthful, and to tell us promptly if it changes.

By using our Services, you may provide us with information, files, and folders via our products, services and otherwise (together, “your content”). You retain full ownership to your content. We don’t claim any ownership to it. These Terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your content, for example, hosting your files, storing your files or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or project previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to our affiliates and trusted third parties we work with to provide the Services, for example Amazon Web Services, which provides our main storage space as well as the processing capability.

You are solely responsible for your conduct, your content, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that we have no obligation to review or monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your content, user posts, or any other information you provide or may be able to access using the Services.

Although we reserve the right to stop, suspend, or modify the Services at any time without prior notice to you, we recognise that your content is important to you, and that you may wish to retrieve your content from us in this event. We will make reasonable effort to contact you in such circumstances if you have registered for an account, and aim to keep your content available for retrieval for up to 3 months.

Cookies

We consider the use of cookies to be necessary for the administration and improvement of the site for your use. We make use of Google Analytics on this website. Please note that you may set your web browser to notify you when you receive a cookie. Should you choose to refuse the cookies our site attempts to send you, please note that this may result in you not being able to enjoy all of the site features and functionality.

Our Rights

The Service is owned by or licensed to Advicement and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties (“Proprietary Rights”). In particular, you acknowledge that the Site and other parts of the Service are protected by copyright as collective works and/or compilations pursuant to U.S. copyright laws. Nothing in these Terms shall operate to transfer any Proprietary Rights in any part of the Service, to grant any rights to use the name Advicement or our other trademarks or to give rise to any implied rights.

Prices included on the Site are illustrative only and are subject to change at any time. Amounts are stated exclusive of VAT, sales tax and similar.

Whilst we try and ensure that all the information on the Site is accurate, errors may occur. In the unlikely event that such information, including any price and/or description of an item listed on the Site has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you.

Your Responsibilities

You must comply with all laws and regulations applicable to you and the use of the Services.

Files and other content in the Services you receive or share may be protected by intellectual property rights of others. You agree to always respect the proprietary rights of others and must never copy, upload, download, or share files unless you have the rights and permissions to do so. You, not Advicement, will be fully responsible and liable for what you copy, share, upload, download, receive or otherwise use while using the Services. If you require use of files (including font files) that are accessible within Advicement, but owned by a third party, you must first ensure you have the permission of the owner.

You are responsible for maintaining and protecting all of your content, and should always make sure to keep a local copy. We will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring it.

Your Feedback

While we appreciate it when users send us feedback, suggestions or other comments, please be aware that we may use, edit and disclose these without any obligation to you.

You are responsible for ensuring that any comments you make do not contain any material that could be considered offensive, false, defamatory or unlawful or violates any Proprietary Rights or other rights.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services. For example, you must not, and must not attempt to, do any of the following things using, or in respect of, any part of Advicement:

  • tamper with, breach or otherwise circumvent any security or authentication measure;
  • probe, scan, or test the vulnerability of any system or network;
  • access or use any non-public area / content or shared area you have not been invited to;
  • interfere with or disrupt any user, host, or network, for example by overloading, flooding, spamming, or mail-bombing;
  • introduce, or otherwise use to facilitate the spread of, spyware or any other malware;
  • access or search by any means other than our publicly supported interfaces (for example, “scraping”);
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services;
  • impersonate or misrepresent your affiliation with any person or entity;
  • upload, publish or share anything that is unlawful, fraudulent, misleading, infringes another's rights, pornographic, indecent, false, defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person, deceitful, promotes or advocates an unlawful act or activity, discriminatory, sexually explicit or violent, or which you are not authorised to upload, publish or share;
  • infringe any trademark, copyright (including design rights), database rights, or other intellectual property rights, or privacy or other rights, of any other person or breach any contractual or other legal duty;
  • violate or cause the violation of the law in any way;
  • sell, rent, lease, license, frame, commercialize or use for the benefit of any other person;
  • copy, modify, adapt or create derivative works decipher, decompile, disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms.

Termination

We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation for any breach of law, these ToS or on good cause shown. In such an instance, your right to use this service will cease immediately. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If you wish to terminate your account, you may simply discontinue using this service, or notify us of your decision and request us to delete your account.

Services are Provided “AS-IS”

We can’t promise that all parts of the service will be free from errors and bugs or secure at all times. As such, the services are provided “as is” and “as available”, at your own risk, without any express, implied, statutory or other warranty or condition of any kind. Without limiting the foregoing, we disclaim any warranties of merchantability, fitness for a particular purpose, freedom from errors and non-infringement. Neither Advicement nor its affiliates will have any responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some US states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no event will Advicement, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, whether or not Advicement has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any loss of profits, revenue, business or savings, depletion of goodwill and/or similar losses, or loss or corruption of data; or (c) in respect of any claims relating to the services, an amount in aggregate that is more than the greater of R0.01 or the amounts paid by you to Advicement for the past three months of the services in question. Some us states do not allow the types of limitations in this paragraph, so they may not apply to you.

US Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Notwithstanding any other provision in these Terms, nothing will affect or limit your statutory rights; or will exclude or limit our liability to the extent not permitted by applicable laws or regulations.

You agree to fully indemnify, defend and hold Advicement, and its affiliates, officers, employees, agents, suppliers and licensors, harmless on demand, from and against all claims, including losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you.

US Government Users

The Service is deemed to be “commercial computer software” / “commercial computer software documentation” and other commercial items including “technical data of a “commercial item”. If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / the Service, they should immediately discontinue use of the Service.

Governing Law

The ToS shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

These Terms constitute the entire and exclusive agreement between you and Advicement with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Advicement’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. You may not assign any of your rights in these Terms, and any such attempt is void, but Advicement may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Force Majeure

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control including: late, defective performance or non-performance by suppliers and private or public telecommunication, computer network failures or breakdown of equipment. If a delay is caused, we will be entitled to a reasonable extension of time for performing our obligations. If the period of delay or non-performance continues for 15 days, either party may terminate by written notice.

Changes to the ToS

We reserve the right to amend of replace the ToS at any time. If an amendment is material, we will seek to notify you at least 5 working days prior to such amendment taking effect. It remains in our sole discretion to determine what constitutes a material amendment. By continuing to access to use our service after the amendment becomes effective, you agree to be bound by the amended ToS.

Links to External Websites

We have no control over, and assume no responsibility for, the content, policies or practices of any third-party websites or services, even ones that may be linked on our website. Please ensure that you familiarise yourself with the ToS of any such website.

Contact Us

For any queries or assistance, please do not hesitate to get in touch using the Contact Us button.


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