Terms of Use
- The provisions in these Website Terms and Conditions (the "Terms") apply to your use of the website accessible at www.runnerstone.com (the "Website").
- In these Terms, the following words have the following meaning:
- "CPA" means the Consumer Protection Act, No 68 of 2008;
- "ECTA" means the Electronic Communications and Transactions Act 25 of 2002;
- "We", "our", "us" and ("Runnerstone") means Runnerstone Capital (Pty) Ltd (registration number: 2008/027531/07), a private company incorporated in accordance with the laws of South Africa and licensed as an authorised financial service provider, licence number 43799, under the Financial Advisory and Intermediary Services Act 37 of 2002, and conducting business from The Court House, 2 Saxon Road, Sandhurst, Sandton, 2196, South Africa.
- Website Content" means information, content, products and services which are displayed on, available on or incorporated in the Website including (without limitation) any text, software, icons, graphics, images, photographs, illustrations, sound clips, video clips, trade names, logos, designs, trade marks and service marks;
- “You" and "your" means any person who makes use of the Website;
- Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in ECTA will bear the same meaning given to them in ECTA.
- Runnerstone processes personal information in accordance with our Privacy Policy which can be found here.
- Although all the provisions are important, some provisions in these Terms have important consequences for you. It is important that you read these provisions. There are some provisions that do one or more of the following:
- take away or lessen the legal responsibilities we have towards you, such as clauses: 7; 8; and 9.2;
- make you indemnify us or to take on risk or legal responsibility, such as clauses: 8 and 9.2; or
- make you to agree to a statement, such as clauses: 3 ; 5 ; 6 ; 7.1 to 7.7 ; 10 ; and 11.
- The different types of provisions listed in clause 2.1.1 and 2.1.2 ; above, mean that you will not be able to make claims against us and other parties for certain losses, liabilities or damages that you may suffer. They may also mean that you are required to safeguard us and take responsibility for us in our place against certain losses, liabilities or damages that we may suffer.
- Those provisions listed in clause 2.1.3 , contain statements you verify and confirm are true. Read them carefully to make sure that each statement is correct. You will not be able to say afterwards that the statements were incorrect. We may also have claims and rights against you because of these statements.
- These Terms shall apply to you when you use; access; refer to; and/or view the Website. Such use shall include, without limitation, using the Website Content, to the extent that the Website Content is not regulated by its own terms of use.
- By using this Website, you agree that your use of the Website signifies your unconditional agreement to comply with all of the provisions contained in these Terms.
- We may amend these Terms at any time. The amended version of these Terms will be published on the Website. On the first occasion on which you use the Website after we amend these Terms, you will be notified that amendments to the Terms have been made and you will be required to agree to those amendments and any additional provisions. If you continue to use the Website thereafter, the amended Terms will immediately be treated as being effective and binding upon you.
- If you do not give your unconditional agreement to these Terms you must not use the Website, and where applicable, you must immediately delete all copies of the Website Content in your possession or under your control.
Note: This clause 3 has important consequences for you. Please see clause 2.
- The Website and the Website Content are protected by law. This incorporates all intellectual property rights in respect of the Website and the Website Content, including all rights, title and interest (statutory and common law) in copyright, designs, trade marks and inventions. Any unauthorised use of the Website and the Website Content and all intellectual property rights related thereto are prohibited.
- All intellectual property rights, including all rights, title and interest (statutory and common law) in copyright, of whatsoever nature existing now and in the future, remains the absolute property of RUNNERSTONE or its licensors (as the case may be).
- You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website or the Website Content other than those rights expressly granted to you in these Terms.
- Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- RUNNERSTONE provides this Website for your information and your education. You may download or print the Website Content for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort, mutilate or otherwise modify the Website Content in a manner that may be prejudicial to RUNNERSTONE or in a manner that is not authorised by RUNNERSTONE.
- You must not and must not allow a third party to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any of the Website Content in any way for any public or commercial purpose;
- use the Website to obtain or distribute copyrighted material or material protected by law without our written consent;
- use the Website to obtain or distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
- use the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts;
- frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content;
- incorporate any part of the Website Content in any other website, work or publication;
- perform any act which may not be considered fair use;
- perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or the Website Content;
- intercept any information transmitted to or from us or the Website which is not intended by us to be received by you;
- decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Website Content (the "Software") or any files contained in or generated by the Software by any means whatever;
- remove any product identification, copyright or other notices, from the Website Content or documentation;
- lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
- disseminate performance information or analysis of the Software from any source relating to the Software.
- Should you wish to do any of the things mentioned in clause 5.2 above, our written approval is required and we are entitled, in our sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by us. Requests for approval must be submitted to info@runnerstone.com.
- Any restrictions on the use of the Website or the Website Content shall also apply to any part of the Website or the Website Content which may be cached when using the Website or the Website Content.
- Subject to the further provisions of these Terms, the Website and the Website Content may only be used by you for lawful purposes and your use shall not extend to the use of the source code of the Website or the Website Content.
- Any unauthorised use of the Website or the Website Content by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Note: This clause 5 has important consequences for you. Please see clause 2.
- Any communication or material you transmit to the Website electronically or otherwise, including (but not limited to) any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by RUNNERSTONE.
- By posting communications to the Website, you automatically grant RUNNERSTONE a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.
- Anything you transmit or post may be used by RUNNERSTONE or licensed to others by RUNNERSTONE for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Note: This clause 6 has important consequences for you. Please see clause 2.