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Legal Statements

Terms & Conditions

Specific to the Rockfin AdvisorZone Portal

This website is for the exclusive use of consultants, support staff and other duly authorised staff and associates of Rockfin Wealth Management (Pty) Ltd. Unless you fall within any of the aforementioned categories, you may not make use of this website at all. You may especially not create a membership account for yourself on the AdvisorZone portal. All membership registrations are verified by management before being approved or declined. Management reserves the right to approve or decline membership registrations at its sole prerogative, without the need to provide any reason(s) for such decision.

Membership and use of the Rockfin AdvisorZone portal are further subject to the following general Rockfin Wealth Management website terms and conditions:

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Permission to Use Website

Unless otherwise stated, Rockfin and/or its licensors own the intellectual property rights in the website and material on the website and all intellectual property rights are reserved.

Subject to the restrictions set out below and elsewhere in these terms and conditions you may view, download for caching purposes only, and print pages or other content from this website for your own personal use only.

You May Not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization or for personal use as the case may be.

Acceptable Use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.

You may not conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction and data harvesting on or in relation to this website without Rockfin’s prior express written consent.

You may not use this website to transmit or send unsolicited commercial communications.

You may not use this website for any purposes related to marketing without Rockfin’s prior express written consent.

Restricted Access

Access to certain areas of this website is restricted and Rockfin reserves the right to restrict access to other areas of this website, or indeed this entire website, at its sole discretion.

In the event that Rockfin provides you with a User ID and Password to enable you to access restricted areas of this website or other content or services, you must take all reasonable measures to ensure that the User ID and Password are kept and remain confidential.

If, for any reason, you believe or suspect that your User ID and or Password is no longer secure or confidential or compromised in any way whatsoever you must notify Rockfin immediately.

Rockfin may disable your User ID and password in its sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this website for whatever purpose.

By submitting such material to this website you grant to Rockfin a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Rockfin the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content may not be illegal or unlawful, may not infringe any third party’s legal rights, and may not be capable of giving rise to legal action whether against you or Rockfin or a third party under any applicable law.

In the event that you do submit content that is illegal, unlawful or infringing on a third party’s legal rights, whether by design or by accident, Rockfin shall be indemnified by you from any action that may result from your submission of such content and you shall be solely liable for the consequences of such a submission.

You may not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Rockfin reserves the right to edit or remove any material submitted to this website, or stored on Rockfin’s servers, or hosted or published on this website.

Notwithstanding Rockfin rights under these terms and conditions in relation to user content, Rockfin does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

User Information

In the event that a service or services on this website require you to disclose or provide personal information to use such service or services it is understood and agreed that such disclosed information:

  • is warranted by you to be true and correct;
  • will be used for the purpose for which it is intended only; and
  • will be kept in strict confidence and will not be disclosed to or shared with any other entity except when required by law to do so in which event you will be notified of the fact that disclosure of such information is required by law.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Rockfin makes no representations or warranties in relation to this website or the information, materials and services provided on this website.

Without prejudice to the generality of the foregoing paragraph, Rockfin does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or
  • the services provided on this website are fit for any purpose other than what is intended by such services

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or estate planning matter you should consult an appropriate professional.

Limitations of Liability

Rockfin will not be liable to you whether under the law of contact, the law of delict or otherwise in relation to the services and or contents of, or use of, or otherwise in connection with, this website for any:

  • direct loss;
  • indirect, special or consequential loss; or
  • business losses including without limitation loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of or corruption of information or data.

By using this website, you agree that the above limitations of liability are reasonable. If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify Rockfin and undertake to keep Rockfin indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rockfin to a third party in settlement of a claim or dispute on the advice of Rockfin’s legal advisers) incurred or suffered by Rockfin arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Email Communications

When you contact us, you expressly consent and agree to receive email responses from us. Information contained in such emails is confidential and is intended solely for the addressee. The information is private in nature and is subject to legal privilege. If you are not the intended recipient, you may not peruse, use, disseminate, distribute or copy this message or any file attached thereto. Such actions are prohibited and may be unlawful. If you have received this message in error, please notify us immediately and delete it and all copies from your system. Whilst all reasonable steps are taken to ensure the accuracy and integrity of information transmitted electronically and to preserve the confidentiality thereof, Rockfin accepts no liability or responsibility whatsoever if information or data is, for whatsoever reason, incorrect, corrupted or does not reach its intended destination. Any opinion or advice to clients contained in this e-mail is to be read subject to the terms of our engagement.

Breaches of these Terms and Conditions

In the event that you breach these terms and conditions in any way then Rockfin may, without prejudice to its other rights under these terms and conditions, take such action as it deems appropriate to deal with the breach, including, without limitation, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Rockfin may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. It remains your responsibility to check this page regularly to ensure that you comply with the current version of these terms and conditions.

Assignment

Rockfin may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted such part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Rockfin in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.

Registrations and Authorisations

Rockfin is registered with CIPRO. You can find the online version of the register at CIPRO www.cipro.co.za. Rockfin Wealth Management (Pty) Ltd’s registration number is 2016/042040/07.

Rockfin is subject to authorisation as an FSP, which is supervised by the Financial Services Board.

The principal is registered with the FSB AND Finanacial Planning Institute (FPI). Michael Gerald Eslick’s professional title is (AFPI) and it has been granted in authority under the license of Onecard Investments (Pty)Ltd, a juristic representative, and is subject to the FAIS act which can be found at www.fsb.co.za.

Rockfin subscribes to the following code(s) of conduct: FAIS General and related codes of conduct (These codes/this code) can be consulted electronically at www.fsb.co.za.

Rockfin Wealth Management (Pty) Ltd is registered in South Africa under registration number 2016/042040/07.

Rockfin Wealth Management (Pty) Ltd’s registered address is:

Suite G02 Ibis House
The Estuaries
Oxbow Crescent
Century City
Cape Town 7441
Western Cape
South Africa

You can contact Rockfin by email to [email protected], or call 087 135 4107.

Privacy Statement

Your privacy is important to Rockfin Wealth Management (Pty) Ltd. This privacy statement provides information about the personal information that Rockfin collects, and the ways in which Rockfin uses that personal information.

Statistical Information Collection

Rockfin may collect and use the following kinds of statistical information which information may include some personal information:

  • information about your use of this website;
  • information that you provide for the purpose of registering with Rockfin;
  • information about transactions carried out over this website;
  • information that you provide for the purpose of subscribing to the website services;
  • any other information that you send to Rockfin.

Using Statistical Information

Rockfin may use the above statistical information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • send to you products that you purchase;
  • supply to you services that you purchase;
  • send to you statements and invoices;
  • collect authorised payments from you; and
  • at your optional election, send you marketing communications

Personal Information

In the event that a service or services on this website require you to disclose or provide personal information to use such service or services it is understood and agreed that such disclosed information:

  • Is warranted by you to be true and correct;
  • Will be used for the purpose for which it is intended only; and
  • Will be kept in strict confidence and will not be disclosed to or shared with any other entity except (i) authorised agents and or sub-contractors of Rockfin who need to have access to such information in order to render the relevant service or services in which event Rockfin will use all reasonable means to procure that such agents or sub-contractors keep the disclosed personal information confidential and use the disclosed information for the purpose for which it was intended only; or (ii) when required by law to do so in which event you will be notified of the fact that disclosure of such information is required by law.

Securing Your Data

Rockfin will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your statistical and personal information.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border Data Transfers

Information that Rockfin collects may be stored and processed in and transferred between any of the countries in which Rockfin operates to enable the use of the information in accordance with this privacy policy.

In addition, information that you submit specifically for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal and statistical information.

Updating this Statement

Rockfin may update this privacy policy by posting a new version on this website.

It remains your responsibility to ensure that you are aware of the content and effect of any changes to this privacy policy.

Other Websites

This website contains links to other websites.

Rockfin is not responsible for the privacy policies or practices of any third party.

Rockfin Contact Details

If you have any questions about this privacy policy or Rockfin’s treatment of your personal information, please write:

  • by email to [email protected]; or
  • by post to Postnet Suite 148, Private Bag X3, Bloubergrant 7443