|
TERMS AND CONDITIONS
FXKINETIC makes use of the materials on this website (including all information, documents, communications, files, text, graphics, software and products) available for the use of Internet bowsers subject to the terms and conditions detailed in this document and any revisions made from time to time.
By downloading, installing or using any of the materials, users automatically agree to these terms and conditions. Any user who does not agree with the terms and conditions may not use, access, download or install the materials.
Any materials made available for download from this website, and which are accompanied by or include a third party end-user license agreement, the license agreement will prevail over these terms and conditions. FXKINETIC is not party to these third party license agreements, such that our liability to both users and the third party is limited to the warranty disclaimers and limitation of liability in these terms and conditions. It is important that users agree to the terms of the applicable license agreement before installing, accessing, using or downloading the related materials.
Limited License
FXKINETIC authorises users to use a single copy of the materials, solely for non-commercial personal purposes, provided that all copyright and other propriety notices contained in the original materials (or copies thereof) is retained. Certain codes found in the materials are specifically referenced as sample software codes (“sample codes”). If such sample codes are accompanied by a license agreement, then the terms of the license agreement shall be governed by these terms and conditions and users may copy, perform, display, distribute, create derivative works, modify and sublicense through multiple channels these sample codes (in whole or in part). Under no circumstances will content, including but not limited to, images or graphics, be considered sample codes.
Ownership: Restrictions
The copyright and ownership interests in all materials held by FXKINETIC is protected by the laws and regulations of the Republic of South Africa and any international treaty provisions. Users agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute license, sublicense, reverse engineer or create derivate works based on the materials, except as expressly allowed in these terms and conditions. Unauthorised use of the materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statues or other applicable laws, rules or regulations, and may subject users to civil liability and/or criminal prosecution.
Terms: Termination
These terms and conditions are effective until terminated by FXKINETIC, which reserves the right to do so without notice, at any time, for any reason. Once terminated, these terms and conditions will immediately crease to exist and users must promptly discontinue all use of materials and the website, and destroy all copies of materials downloaded. In the event that FXKINETIC determines that a user has breached any of these terms and conditions, we reserve the right to terminate access to our website and take any action which we deem appropriate.
Disclaimer
Users acknowledge and agree that the materials available on this website are provided on an “as is” basis, without any warranty of any kind. All warranties, express or implied, including implied warranties of accuracy of information content, fitness for a particular purpose, system integration, title and non-infringement of any third party right with respect to the materials or any services related to the materials are expressly disclaimed to the fullest extent of the law.
No warranty or representation is given that the functions contained in the materials will satisfy the users’ requirements, that the operation of the materials will be uninterrupted or error-free, or that any defects in the materials will be corrected. Furthermore, no warranty or representation is given regarding the use of or the results of the use of the materials of their adequacy. No oral or written information or advice provided by any person or entity shall create a warranty or representation.
Trademarks
The trademarks, service marks and logos used and displayed in the materials are registered and unregistered trademarks and service marks of FXKINETIC and others. All other registered and unregistered trademarks used in the materials are the property of their respective owners. Users are not granted any license or right to use any FXKINETIC trademarks, service mark or logo used or displayed in the materials without our prior, express permission.
If such permission is granted, all trademarks must be identified as trademarks of FXKINETIC using the appropriate symbol (e.g. ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of FXKINETIC in a footnote at the end of the communication.
Personal information
Information submitted to FXKINETIC through this website is governed by our Privacy Policy.
User submissions
Except as provided in our Privacy Policy, no ideas, material, computer code, information or other communication submitted by users or posed to the site will be considered confidential or proprietary. All such material becomes the exclusive property FXKINETIC , which is entitled to use such material for any purposes without restriction or compensation. Users may not post or transmit to or from this website any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
Links to other sites
FXKINETIC makes no representations or warranties about any other website or material that users may access through links or other references on this website. Users do so at their own risk.
Access to password-protected or secure areas
FXKINETIC may restrict some areas of this website to authorised users only. Unauthorised individuals attempting to access these areas may be subject to civil liability and prosecution.
Third party products and services
This website mentions third party products and services. FXKINETIC makes no recommendations or endorsements about any third party products or services.
Limitation of liability
Under no event and under no legal theory, whether in delict, contract or otherwise, shall FXKINETIC or its suppliers be liable to any user or third party for any direct, indirect, special, incidental or consequential damages of any kind including, without limitation, damages for any lost profits, lost savings, loss of data, costs, fees or expenses of any kind or nature arising out of or relating to these terms and conditions, this site, or the use or inability to use the materials or any data supplied therewith, even if FXKINETIC or a representative of the company has been advised of the possibility of such damages.
PRIVACY POLICY
This Privacy Policy statement describes our practices regarding how personal information collected on this FXKINETIC website is used and shared with third parties. By visiting this site, or otherwise submitting your personal information to FXKINETIC, you accept the practices described in this statement. The information that we receive through this website depends on what you do during your visit, and what services you request.
Personal information
You may be asked to submit personal information at various places on our website. This information, which you will submit of your own free choice may include your name, address, email address and telephone numbers.
FXKINETIC may use this personal information to contact you or send you information you have requested that we feel will be of interest to you. This contact may be made by telephone, email or by post. Generally, you have the option to choose not to receive these types of communications. However, even if you choose not to be contacted by FXKINTIC , we reserve the right to use your contact information if we consider it necessary to send you important information relating to any product or service you have purchased from us, or any changes to this privacy policy.
Not Personally Identifying Information
It is possible that, during your visit to our website, we will collect information automatically about the use of our website – such as through “cookies” or “IP addresses”. This information is not collected and stored in a personally identifiable manner. However, it does help us evaluate and improve our site and is also used for marketing and investment analysis. This information may be shared with third parties, but only in aggregate, statistical form (i.e. no personally identifying information is revealed).
What are “cookies”? – These are small files that websites place on your hard drive that allow sites to identify you. The use of cookies is common practice on many websites. For example, if you allow a site to remember your login name or password, the site places a cookie on your computer. The cookie cannot read any other information on your hard drive. Cookies are used to measure website traffic, to offer certain services to specific visitors, or to customize your visit.
What are “IP addresses”? – This is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session. But, if you use a consumer Internet Services Provider (“ISP”), your IP address probably varies from session to session.
Use of Contractors and Services Providers
At FXKINETIC, we use third parties (including contractors and service providers) to help with certain aspect of our operations, which may require disclosure of your personal information to these parties. For example, we may use a third party to communicate with you (via telephone, email or postal letter) about our products and services, to send information to you, to process and collect payment via your credit card (if applicable), to host our website and related databases, and to perform other work that we may choose to outsource. FXKINETIC requires these third parties to use your personal information only as necessary to perform the services they are required to perform.
Corporate Family
FXKINETIC may share some or all of your personal information with any current or future affiliate (i.e. parent company, a subsidiary company, a joint venture, or other company under common control), in which case the affiliate business will be required to honour this privacy policy. Should FXKINETIC be acquired by another company, that company will access the personal information we have collected and will assume the rights and obligations regarding your personal information as described in this privacy policy statement.
Security
FXKINETIC takes reasonable steps to protect your personal information from unauthorized access or disclosure. However, we cannot guarantee this nor can we fully eliminate security risks associated with personal information.
There may also be situations where we are compelled to release your personal information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances.
It is also possible that third parties may unlawfully intercept or access transmission or private communications.
Your privacy remains very important to us and we will do everything in our power to protect it.
Linked sites
Our site links to other sites not controlled by FXKINETIC. We are not responsible for the privacy or security practices of any other websites, and therefore encourage you to read the privacy policies relating to these other sites.
Changes to the Privacy Policy
We may change our Privacy Policy at any time and at our discretion. We will advise you of the changes by either (1) sending you a notice of the amended policy to the email address you have submitted, in which case we will assume that you have accepted the changes unless we hear to the contrary; (2) posting the amended version of the Privacy Policy on our website, in which case your continued use of the website will be taken to mean that your accept the changes.
LEGISLATION
As a legal entity operating within South Africa, FXKINETIC is obliged to comply with the prevailing legislation.
|
