These conditions become effective when you access the site for the first time and constitute a binding agreement between Clifftop Colony (Pty) Ltd (“Clifftop Colony”) including its subsidiaries and affiliates as determined by Clifftop Colony and yourself, which will always prevail. The current version of these conditions governs our respective rights and obligations each time you access this site.
A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
2. Nature of information on the site
All information on this site is only intended to provide you with general information about us. Nothing contained herein constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction.
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. This website may contain views or opinions that are not necessarily those of Clifftop Colony.
3. 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.
4. Linked sites
This site may contain links to other websites. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. Where you access a third party website, you do so at your own risk.
5. Permission for hyperlinks, deep linking, crawlers and metatags
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 email@example.com. Once received we will do our best to respond and enter into further discussions with you. If you don’t 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.
6. Our intellectual property
This website may contain information proprietary to Clifftop Colony, and may not be reproduced or disseminated in whole or in part without Clifftop Colony written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site.
Nothing on this site should be construed as granting any licence 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 firstname.lastname@example.org. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don’t 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.
7. Transmission of information
As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.
8. 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.
9. No warranties or representations
We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
10. Disclaimer and limitation of liability
Clifftop Colony does not warrant that any information contained herein is complete or correct, and you shall not be entitled to place any reliance on the information contained in this website for any purpose.
Use of this site 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, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the information contained on this site or your inability to use this site. 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.
11. How disputes will be resolved
All disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation.
Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
12. 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.