Terms & Conditions

WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Premier Growth Group (Pty) Limited and its subsidiaries including, without limitation, The Unlimited Capital (Pty) Limited (hereinafter “the Unlimited Group”). By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify The Unlimited Group for violations of these Site Terms.

Ownership of the Site and its Contents

This Site is owned by The Unlimited Capital (Pty) Limited. Unless otherwise indicated, all of the content featured or displayed on this Site including, but not limited to, text, graphics, data, photographic and other images, designs, illustrations, software as well as the selection and arrangement thereof (“The Unlimited Content”), is owned by companies within The Unlimited Group or third parties. All elements of the Site, including The Unlimited Content, are protected by copyright and other laws relating to the protection of intellectual property.

Any unauthorised copying, reproduction in any format whatsoever, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any material found on this website, including The Unlimited Content, will constitute a copyright infringement.

Use of the Site

Users of this Site are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or The Unlimited Content without, or in violation of, a written license or agreement with The Unlimited Capital (Pty) Limited; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or The Unlimited Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of The Unlimited Group’s products or services if you are not expressly authorized by such party to do so; and (e) using the Site or The Unlimited Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data and email in the country in which you reside.

This Site may from time to time be linked to sites of third parties. The Unlimited Group does not warrant the accuracy of such third party sites, does not review or update information of such sites and confirms that such information is utilised entirely at your own risk.

Trademarks

The trademarks, names and logos (collectively “trademarks”) displayed on this website are the registered and unregistered trademarks of The Unlimited Group or third parties. No statement or content on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of The Unlimited Group or the third party owner,  as appropriate.

Disclaimer

THIS SITE AND THE UNLIMITED CONTENT ARE PROVIDED “AS IS” AND THE UNLIMITED GROUP EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE UNLIMITED GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNLIMITED CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE UNLIMITED GROUP DOES NOT WARRANT THAT THE SITE OR THE UNLIMITED CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The Unlimited Group uses reasonable efforts to ensure the accuracy, correctness and reliability of The Unlimited Content, but makes no representations or warranties in this regard.

Limitation of Liability

IN NO EVENT SHALL THE UNLIMITED GROUP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE UNLIMITED CONTENT INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE UNLIMITED GROUP AND/OR THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE UNLIMITED GROUP’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UNLIMITED GROUP, WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE OR PASSIVE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE UNLIMITED CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE UNLIMITED GROUP FOR USE OF THE UNLIMITED CONTENT.

Without derogating from the generality of the above, The Unlimited Group will not be liable for:

• any interruption, malfunction, downtime or other failure of the Site or online services, systems, databases or any of its components, for whatever reason;

• any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of its systems, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on its systems or third party systems or 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 telecommunication service providers, internet service providers, electricity suppliers and local authorities; or

• any event over which The Unlimited Group has no direct control.

Whilst The Unlimited Group has employed best endeavours to ensure the integrity of this Site, no warranty whether express or implied is given that this Site as well as other sites of other companies within The Unlimited Group, are free of viruses, or any other data or code having the ability to corrupt or effect your system. Your use of this Site is entirely at your own risk.

Applicable Law

The use of this Site, including any dispute relating in any way to its use shall be governed by the laws of the Republic of South Africa.