Disclaimer
Copyright, Disclaimer, Terms and Conditions
While every care is taken in the preparation of information contained herein,
XPert Wealth, for themselves, give notice that:
- The information contained on this website is of a general nature and
intended as a guide only.
- It is neither to be construed as financial advice nor to be regarded
as a definitive analysis of any financial, legal or other issue.
- Professional Financial Advice should be taken before any course of
action is pursued. XPert Wealth shall not be responsible and
disclaims all liability for any loss, liability, damage (whether
directly or consequential) or expense of any nature whatsoever
which may be suffered as a result of or which may be
attributable, directly or indirectly, to the use or of reliance
upon any information, recommendations, links or service provided
through this website.
- Should you require further advice please contact XPert Wealth
directly.
- The use of this website in its entirety is at your ‘Own Risk”.
Disclaimer
By accessing and continuing on this website, you agree that:
The Advice, Information and/or Intermediary services offered by XPert Wealth
in terms of this website, alternatively request and/or instructions is
limited to this website, request and/or instructions contained in this
Website and/or any affiliated websites. By accessing this website, you
acknowledge that XPert Wealth or the Adviser / Intermediary, did not
undertake a comprehensive financial needs analysis to render a specific
financial service, and by continuing you THEN acknowledge and agree
that:
- As a result, there may be limitations on the appropriateness of the
advice and/or information provided to you through the use of
this website;
- You (The Client) agree and understand that by utilizing this website
a single financial needs analysis could not be performed but can
be performed upon special request to the adviser;
- You, the client, should take particular care to consider on your own
whether the advice supplied through this website is appropriate
considering your objectives, financial situation and particular
needs.
Before you go any further it is important that you read and understand the
conditions under which you'll use the site.
Definitions
- “XPert Wealth ” shall mean “XPert Wealth”;
- "ECT Act" means the Electronic Communications and Transactions Act
25 of 2002
- “FICA” means Financial Intelligence Centre Act 38 of 2001;
- "Intellectual Property (“IP”)" means, but not limited to, patent,
trademark, domain name, logos, trade name, software, content
(copyright), icons, graphics, hyperlinks
- "content" means, but not limited to text, graphics, links and other
similar material on the website
- “URL” Uniform Resource Identifier, synonym to ‘web address’;
- "website" means the XPert Wealth website with URL / web address
www.xpertwealth.co.za
- "you" shall mean a user of this website
Acceptance
By using the Site, you expressly agree to the terms and conditions of this
user agreement. If you do not agree to all of the terms and conditions,
please do not continue to use the Site.
When you install or download any Apps, Information, Brochures, Documents or
Comparisons, you may be required to accept the terms and conditions or
the end user license agreement. You agree that this user agreement
applies to any information accessed via the Site, and to all sections of
the Site. These conditions will become effective when you access the
site for the first time and will constitute a binding agreement between
us, XPert Wealth, any affiliate XPert Wealth company, its employees and
representatives and yourself, which will always prevail. The current
version of these conditions will govern our respective rights and
obligations each time you access this site. All references herein to
XPert Wealth shall be deemed, unless otherwise stated, to include XPert
Wealth.
Your Account
- If you use the Site, you must keep your access details (including,
your username and password) confidential and not allow other
people to use it. You also accept full responsibility for all
activities that occur under your access details or password and
accept responsibility for sharing your username and password.
You are only permitted to use one account. If you use more than
one account, we could delete all access.
- Once you have logged onto the site once, certain information,
functionality and other features of the site will be accessible
the next time you access the Site without having to re-enter
your password. If you prefer to enter your password every time
you access the Site, you can change the setting in the menu
option.
- XPert Wealth may refuse to provide products and/or services to you
if we are unable to verify any information that you provide to
us.
- You agree that the following actions shall be material breaches of
these terms and conditions:
- signing in as, or pretending to be, another person;
- transmitting material that violates, or could violate, the
intellectual property rights of others or the privacy of
others;
- using interactive services in a way that is intended to
harm, or could result in harm to you or to other users
of the Site; or
- gathering information about others without obtaining their
prior written consent.
- You also agree that any use of your access details shall be regarded
as if you were the person using such information.
- Please note that the username you choose is permanent and can only
be amended at XPert Wealth discretion.
- XPert Wealth may determine certain requirements that you will need
to meet when choosing a username or password. These requirements
may be changed from time to time and you may be required to
update your credentials.
Online Services, Communication and Records
Our online services are subject to registration procedures and approvals,
which we may accept or reject at our sole discretion. These online
services are governed by separate terms and conditions that are
available on the relevant sections of this site where the online
services are provided. In the event of conflict between conditions, the
provisions of the service terms will apply.
When you visit the Site or send e-mails to us, you accept that we may
communicate with you electronically. All records that you send to us may
be stored electronically and with third parties, although these third
parties are bound by the strictest levels of confidentiality. These
electronic records shall be proof of the records, unless you can prove
otherwise.
Any electronic communication (for example, an e-mail or SMS) sent to you will
be regarded to have been received by you upon being sent by XPert
Wealth.
If you are a registered user of the website, you may receive communications
from us via e-mail, SMS or WhatsApp. If you do not want to receive
e-mails from XPert Wealth, you may change the way you receive your
communication on the website, or you can phone our office. XPert Wealth
takes all reasonable steps to protect your personal information and
maintain confidentiality, including the use of encryption technology.
However, we cannot guarantee the security or integrity of any
information you transmit to us online and you agree that you do this at
your own risk. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically meet any
legal requirement that the communications be in writing.
Nature of Information on the Site
All information on this site is only intended to provide you with general
information about us, our products, services and objectives. Nothing on
this site should be treated as an offer but merely as an invitation to
do business with us. This website, and all the information and content
within it, has been prepared with the aim of providing general
information only and does not constitute financial advice to any
financial product.
We may provide information from time to time on:
- Projected revenues, income, earnings per share, capital
expenditures, dividends, capital structure or other financial
items;
- The plans, objectives and/or projections of the company for future
operations;
- Future economic performance; and
- Investment products
Such information may only be estimations and actual events, or results may
differ. All information is provided "as is" and should not be treated as
professional or investment advice of any kind. You should consult your
own professional advisors before relying on any information on this
site.
Your Privacy and Security
XPert Wealth respects users' rights to privacy and confidentiality and
consequently undertakes not to sell or exchange personal information
with any third party outside of the XPert Wealth for any purpose
whatsoever. However, XPert Wealth reserves the right to disclose or
report personal information in limited circumstances where it is
believed in good faith, that disclosure is required under law, to
co-operate with regulators or law enforcement authorities, to perform
necessary credit checks or collect or report debts owed to XPert Wealth,
to protect its rights or property, or to disclose information on
reasonable request by the unit trust fund in which the investor has
invested. Our commitment to your privacy and security of your personal
information is outlined in our privacy and security statement.
Amendments to these Conditions
We may amend these conditions from time to time. By accessing this site, you
are bound to the version of the conditions published here at the time of
any visit to this site. You agree to view the current version each time
you access the site.
Information Feeds
We may use the services of other organisations to provide information on the
site. We have no control over this information and make no
representations or warranties of any nature as to its accuracy,
appropriateness, or correctness. You agree that such information is
provided "as is" and we will not be directly or indirectly liable for
any damages that may arise from your reliance on it.
All quotes, comparisons, analysis, news, market information or data shown on
the site by way of live information feeds are delayed by at least 20
minutes unless otherwise stated. You should always select the "refresh"
or similar page update function on your internet browser to ensure that
the information you are viewing is the most current.
Linked Third Party Sites
This site may contain links to other websites with information and material
produced by other parties. While we try to provide links only to
reputable websites, we cannot accept responsibility or liability for the
information provided on other websites. A link from our site to any
other website does not mean that we have scrutinised or endorsed the
owners or administrators of the websites or their business or security
practices and operations.
Permission for Hyperlinks
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 our
prior written approval, which may be withheld or granted subject to the
conditions we specify from time to time. An application for linking must
be submitted to info@xpertwealth.co.za Once received we will do our best
to respond and enter into further discussions with you. If you do not
get a written response from us within five business days, consider your
request as having been rejected. 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 to us on an
attorney and own client scale.
Our Intellectual Property and Copyright
All content made available on this Site for example, text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and
software, belongs to XPert Wealth, unless we expressly state that it is
not and
is protected by South African and international law.
Except if permitted under this or another agreement with XPert Wealth no
portion
of the Site may be copied or transmitted via any means available now or
in the
future. Any unauthorised use, alteration or dissemination of the
information or
content on the Site is prohibited.
You agree that if you breach the terms of this clause, XPert Wealth will have
the right to claim damages against you, which will include the right to
claim
special, incidental, consequential or indirect damages. XPert Wealth
will also
be allowed to claim for loss of profits and loss of business and will
also be
allowed to recover all legal costs on a scale as between attorney and
own
client.
Nothing on the Site should be regarded as granting any licence or right to
use
any trademark without XPert Wealth prior written permission and/or that
of any
third party. XPert Wealth cannot be held responsible for any
consequences that
may result from the unlawful breach of copyright or unlawful
dissemination of
information by third parties copying information off the Site. If you
suspect a
breach or where a breach may have taken place, and this comes to your
knowledge,
please contact us as soon as possible so that we can address the
problem.
We retain all intellectual property rights in all material, including logos
and
other graphics and multimedia works published on or via the site. You
are
provided a non-exclusive, non-transferable access to use, copy,
download, print,
distribute, display the content available from the website for personal
purposes
only. You are authorised to view and download one copy to a local hard
drive or
disk, print and make copies of such printouts, provided that:
- The material is used for considering use of the online services and
for no other commercial purposes; and
- Any reproduction of our proprietary material from this site or
portion of it must include our copyright notice in its entirety
The logos and trademarks shown on this site are our registered and
unregistered trademarks or that of third parties. Nothing on this site
should be construed as granting any license or right to use any
trademark without our prior written permission and/or that of third
parties, as the case may be. You may not, without our prior written
permission, use our intellectual property or that of third parties for
any other purposes. An application to use our intellectual property must
be submitted to info@xpertwealth.co.za. Upon receiving your application,
we will do our best to respond and enter into further discussions with
you. If you do not get a written response from us within five business
days, consider your request as having been rejected.
Irrespective of the existence of copyright, you acknowledge that we are the
proprietor of all material on the site, whether it constitutes
confidential information or not, and that you have no right, title or
interest in any such material.
Software
You are required to use and maintain hardware and software of sufficient
quality and performance capability and to use only the latest versions
of Microsoft Internet Explorer, Firefox and Opera browsers. Your failure
to use these browsers may result in a higher security risk and/or cause
some or all of the functionality of the site not to operate properly or
at all. Software, if any, made available for download on or via our site
is governed by license conditions that establish a legal relationship
with the licensor. You indemnify us against any breach of these license
conditions. We give no warranty and make no representation, whether
express or implied, as to the quality or fitness for purpose of the use
of such software. No warranty, whether express or implied, is given that
any files, downloads or applications available via this site are free of
viruses, trojans, bombs, time-locks or any other data or code which has
the ability to corrupt or affect the operation of your computer,
database, network or other information system.
Transmission of Information
Information transmitted via the internet, including e-mail, is susceptible to
unlawful access or monitoring. Users shall bear all risk of transmitting
such information in this manner and under no circumstances will XPert
Wealth be liable for any loss, harm or damage suffered by them as a
result thereof. XPert Wealth reserves the right to request independent
verification of any information transmitted via the website or e-mail.
Termination, Suspension and Limitation
We may modify, suspend, or discontinue the site, whether temporarily or
permanently, without notice. We 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 of the services on the site.
No Warranties or Representations
We do 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. We, expressly disclaim all implied
warranties, including, without limitation, warranties of
merchantability, title, fitness for a particular purpose, year
2000-compliance, non-infringement, compatibility, security and accuracy.
Disclaimer and Limitation of Liability
Although we have taken care to ensure that the content on this site is
accurate and that you suffer no loss or damage as a result of your use
of this site, this site and the online services are provided "as is".
Use of this site and the online services is entirely at your own risk.
You assume full responsibility for the risk or loss resulting from your
use of this site and your reliance on the material and information
contained on it.
We and our affiliates, shareholders, agents, or employees are not liable for
any damages whatsoever relating to your use of this site or the online
services or the information contained on this site or your inability to
use this site or the online services. This includes, without limitation,
any direct, indirect, special, incidental, consequential or punitive
damages, whether arising out of contract, statute, delict or otherwise
and regardless of whether we were expressly advised of the possibility
of such loss or damage.
Without derogating from the generality of the above, we will not be liable
for:
- Any interruption, malfunction, downtime or other failure of the site
or online services, our system, databases or any of its
components, for whatever reason;
- Any loss or damage arising from your orders, investment decisions,
purchases or disposal of goods and services, including financial
instrument(s) or currency, from third parties, based on the
information provided on this site;
- Any loss or damage with regard to customer data or other data
directly or indirectly caused by malfunction of our system,
third party systems, power failures, unlawful access to or theft
of data, computer viruses or destructive code on our system or
third-party systems;
- programming defects;
- negligence on our part or caused by the year 2000 computer problem;
- 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 (currently Telkom), internet
service providers, electricity suppliers (currently Eskom),
local authorities and certification authorities;
- any inaccurate, incomplete or inadequate information obtained from
the Site supplied by you.
- Neither will we be responsible for any direct or indirect loss or
damages that may arise from:
- any of the events described in this paragraph or the paragraphs
above;
- your actions or omissions that result in a breach of this user
agreement;
- any links to other websites from the Site. You also acknowledge that
we cannot control the content of / or the products offered on
those websites;
- a denial of access to the website should we believe or have reason
to believe that you are conducting activities that are illegal,
abusive, would attack the integrity of the website or put XPert
Wealth in disrepute; or
- your reliance on any of the information, content, tools, or
materials that you obtain from the Site.
- It is especially important that you acknowledge and understand that
the information included on the Site should not be regarded as
either advice or an intermediary service in terms of the
Financial Advisory and Intermediary Services Act of 2002. Please
consult with your financial adviser should you require any
financial services or financial products.
- And any event over which we have no direct control.
Privacy Statement
This privacy statement is complementary to, and should be read and understood
with, the general terms and conditions of the use set out in the section
above.
The General Principles of our Privacy Statement
The purpose of this privacy statement is to set out how we collect, use,
share and otherwise process your personal information when you use this
Site, register or apply online for any products or services, or when you
contact XPert Wealth electronically.
When you engage with us, you trust us with personal information about
yourself, your dependants, your beneficiaries, and your employees.
You have the right to object to the processing of your personal information.
It is voluntary to accept these terms and conditions. However, we
require your acceptance to enable you to use this site and to provide
you with services such as activating and servicing your benefits, where
applicable.
How we collect your Personal Information
Whenever you use the Site, complete an application form, contact XPert Wealth
electronically, or use one of the products, services, facilities, tools
or utilities offered by XPert Wealth on the Site, XPert Wealth will
collect your personal information.
If you share your personal information with any third parties, we will not be
responsible for any loss suffered by you, your dependents, your
beneficiaries, spouse or employees.
You understand that when you include your spouse and dependents on this site
or on your application, we will process their personal information in
line with the terms and conditions of this site and/or for the
activation of a benefit and to pursue their legitimate interest. We will
furthermore process their information for the purposes set out in this
privacy statement. If you are giving consent for a person under 18 (a
minor) you confirm that you are a Competent Person and that you have
authority to give their consent for them.
Collect, share and use Personal Information
You agree that we may process your personal information for all purposes that
relate to the Site and the products, services, facilities, tools or
utilities offered on the Site as informative and successful as possible,
it is necessary for XPert Wealth to find out exactly what you need and
want.
Where applicable and to the extent appropriate, you confirm that we may share
your personal information within the XPert Wealth:
- Administration
- Fraud prevention
- The provision of XPert Wealth services, benefits and infrastructure
to help you in your personal or professional capacity.
Your privacy is important to us and we will therefore not sell, rent or
provide your personal information to unauthorised third parties for
their independent use, without your consent.
We will ensure that any country, company or person that we pass your personal
information to agrees to treat your information with the same level of
protection as we are obliged to.
You agree that we may communicate with you electronically about any changes
to your benefits, including contributions or changes and improvements to
the benefits that you are entitled to in terms of your benefits.
We have a duty to keep you updated about any offers and new products that we
make available from time to time.
We have the right to communicate with you electronically about any changes on
your policy, including your contributions or changes and improvements to
the benefits you are entitled to on the policy you have chosen.
Please let us know if you do not wish to receive any direct telephone
marketing from us.
Please also let us know if you do not wish to receive any direct electronic
marketing from us. We will store your personal information for the
purpose to action this request and action it as soon as reasonably
possible.
Protection of your Personal Information
XPert Wealth values the information that you choose to provide and will take
appropriate, reasonable technical and organisational steps to protect
your personal information from loss, misuse or unauthorised alteration.
When you use the products, services, facilities, tools or utilities provided
by XPert Wealth on the Site, you may be given a username and/or
password. You must always keep your username and/or password a secret
and ensure that you do not disclose it to anyone.
Correction of Personal Information
You have an obligation to notify us if any of your personal information held
by XPert Wealth changed or is no longer valid to ensure our records are
up to date, you can e-mail us or you can phone our office.
You have the right to know what personal information we hold about you. If
you wish to receive a copy, please complete a form called an ‘Access
Request Form' on www.xpertwealth.co.za and specify the
information you would like. We will take all reasonable steps to confirm
your identity before providing details of your personal information
You have the right to ask us to update, correct or delete your personal
information. Where we cannot delete your personal information, we will
take all steps to make it anonymous. You agree that we may keep your
personal information until you ask us to delete or destroy it. This is
unless the law requires us to keep it or dispose thereof.
Personal Information held by or disclosed by you or XPert Wealth to a third
party
Because XPert Wealth is not responsible for any representations or
information or warranties or content on any third party website
(including third party websites linked to this website, websites
facilitated by us or websites that serve as social networks like
Facebook or Twitter), XPert Wealth does not exercise control over the
privacy policies of these third parties and you should refer to the
privacy policy of these third parties to see how they protect your
privacy.
XPert Wealth may enter into arrangements with its partners and other
third-party suppliers in order for them to provide services to you.
Those arrangements may require us to disclose your personal information
to them, whether in person or by means of an application.
If a third party asks us for any of your personal information, we will share
it with them only if:
- you have already given your consent for the disclosure of this
information to that third party; or
- we have a legal or contractual duty to give the information to that
third party.
You agree that your personal information may be shared with third parties
such as academics and researchers, including those outside South Africa.
We ensure that the academics and researchers will keep your personal
information confidential, and all data will be made anonymous to the
extent possible and where appropriate. No personal information will be
made available to a third party unless that third party has agreed to
abide by strict confidentiality protocols that we require.
If we want to share your personal information for any other reason, we will
do so only with your permission.
Cookies, e-mail tracking pixels and Online advertising
XPert Wealth uses cookies. We use the word "cookie" to refer to information
that is sent from the Site to your hard drive, where it is saved. In
this way, the next time you use the Site, XPert Wealth will know who you
are and that you have visited the Site before. We also collect
information about how you use the website, your preferences and past
browsing history.
XPert Wealth engages third parties that help us deliver banner advertisements
and other online communications. The third parties may collect and use
information about XPert Wealth customers to help us understand the
offers, promotions, and types of advertising that are most appealing to
our customers. The personal information they collect is aggregated and
cannot be linked to a person.
Third party vendors, such as Google Marketing Platform, show XPert Wealth ads
on sites on the internet.
Third party vendors, such as Google Marketing Platform, use cookies to serve
ads based on a user's prior visits to XPert Wealth website. We make use
of e-mail tracking pixels in certain instances to assist us in keeping
you informed of XPert Wealth products available to you.
Changes to this Privacy Statement
XPert Wealth may amend this privacy statement at any time. We will give you
notice of any material changes within a reasonable time, however, we
recommend that you familiarise yourself with this privacy statement
regularly.
The most updated version of this privacy statement will govern the respective
rights and obligations between you and XPert Wealth each time that you
access and use the Site.
Which laws apply to this Privacy Statement
This privacy statement is governed by the laws of the Republic of South
Africa, and you consent to the jurisdiction of the South African courts
in respect of any dispute which may arise out of or in connection with
the formation, interpretation, substance or application of this privacy
statement.
Use personal information contrary to the privacy statement
If you believe that we have used your personal information contrary to this
Privacy Statement, you must first attempt to resolve any concerns with
us. If you are not stratified after this process, you have the right to
lodge a complaint with the Information Regulator, under the Protection
of Personal Information Act.
The contact details are:
The Information Regulator (South Africa)
SALU Building
316 Thabo Sehume Street,
PRETORIA
Indemnity
While XPert Wealth makes every effort to ensure that the content and
information on the Site is complete, accurate and up to date, we make no
guarantee about the suitability of the products and services on the Site
or whether they are complete accurate or appropriate.
You agree to fully indemnify XPert Wealth, its directors, employees, and
trustees (where applicable) against any claim, loss or damages which you
may incur or suffer as a result of your use of the Site. You agree to
fully indemnify XPert Wealth, its directors and employees from any
errors or inaccuracies or incomplete information made available by third
parties (including healthcare professionals, advisors and/or experts) on
the Site and agree that, we will not be liable for any loss or damages,
including direct, indirect and consequential loss, that may arise from
any disclosure to or by any third parties.
You agree that all information, including products and services or any terms
or conditions relating to them, on the Site may change. XPert Wealth
will notify you of the important changes within a reasonable time. You
agree that any calculations made on the Site, are estimates and are
meant as guidelines only.
XPert Wealth is not responsible for any mistakes in the performance of any
calculators or interactive tools used in the calculations or
comparisons. All products and services provided on the Site are subject
to confirmation, and any terms or conditions relating to them, at the
time of finalising any transactions.
You accept that some of the information, content, tools or materials on the
Site come from external sources, and you agree that XPert Wealth is not
responsible, and will not be held liable, for any information or
content, received from these external sources.
How Disputes will be Resolved
All transactions and interactions conducted by the medium of this website,
whether in whole or in part, shall be subject to South African law and
only South African courts shall have jurisdiction to hear disputes
arising there from or from these Conditions. No alternative dispute
resolution code is applicable to transactions and interactions conducted
by the medium of this website, unless otherwise determined from time to
time, in which case such dispute resolution codes are to be made
electronically accessible to the user.
Capacity to Enter into Agreements
You hereby warrant to us that you have the required legal capacity to enter
into and be bound by contractual terms. Minors must be assisted by their
legal guardians when reading these conditions. If you are unsure whether
you have the legal capacity to enter into agreements, contact someone
able to provide you with this information before you continue using this
site.
Jurisdiction
All use of the website, transactions and interactions conducted through the
medium of this website, whether in whole or in part, shall be subject to
South African law and only South African courts shall have jurisdiction
to hear disputes arising there from or from these conditions.
Breach
If a user commits any breach of these conditions or uses the online services
or in any other manner interacts with the website in an unlawful or
unauthorised manner, XPert Wealth shall be entitled to terminate the
delivery of the service to the user immediately without prior notice
without prejudice to XPert Wealth other rights in terms of these
conditions or at law.
Our Address for Notices and Service of Legal Process or Notice:
881 Old Farm Road
Old Farm Office Park
Faerie Glen
Pretoria
The Law Governing our Relationship
The conditions will be governed and construed in accordance with the law of
the Republic of South Africa without reference to any conflict of law
provisions.
General Provisions
The headings of the clauses in the conditions are provided for convenience
and ease of reference only and will not be used to interpret, modify or
amplify the terms of the conditions. Where any dates or times need to be
calculated in terms of the conditions, the international standard time,
GMT plus two hours shall be used.
No failure or delay by us to exercise any of our rights will be construed as
a waiver of any such right, whether this is done expressly or implied,
nor will it affect the validity of any part of these conditions or
prejudice our right to take subsequent action against you. If any of
these terms, conditions or provisions are held to be invalid, unlawful
or unenforceable; the term, condition or provision will be deleted from
the remaining terms, conditions and provisions which will continue to be
valid to the full extent permitted by law. If you have any questions or
do not understand anything in these conditions, please send an email to
info@xpertwealth.co.za and we will respond to you as soon as possible.
Agreement in terms of Chapter III, Part 2 of the ECT Act - Formation and
validity of this agreement
You agree that:
- these Terms of Use are valid, binding, enforceable and concluded in
Pretoria, the moment you access / view the website;
- all information that are incorporated by using hyperlinks and / or
other methods of reference form part of this agreement (see
section 11(3) ) of the ECT Act);
- if any term of this agreement is or becomes illegal, invalid or
unenforceable in any jurisdiction, that shall not affect the
legality, validity or enforceability in that jurisdiction of any
other term of this agreement;
Time and Place of communication, dispatch and receipt
- Data Messages sent from XPert Wealth to you have been sent from
XPert Wealth place of business (see Contact us details);
- Data Messages sent from XPert Wealth to you are deemed to be
received when complete message enters an information system
(including your information service provider’s information
system) designated or used for that purposes by yourself;
- Data Messages from you to XPert Wealth are deemed to be received by
XPert Wealth only when XPert Wealth respond thereto, and for the
purposes of this clause an auto-response shall not be a response
by XPert Wealth. Such acknowledgement further does not give
legal effect to that message, unless specifically indicated by
XPert Wealth that it does give legal effect to the Message
Expression of intent: For purposes of Electronic Communications
between yourself and XPert Wealth no Electronic Signature is
required; the mere sending of Data Messages or browsing of our
website demonstrates your intent to be a party to this
agreement.
- Attribution of data messages to originator: You agree and warrant
that the data message sent, from any computer or device that are
owned by yourself or your employer or programmed by yourself or
on your behalf, to XPert Wealth was sent by yourself or a person
that had authority to act on your behalf in respect of the data
message.