Terms of Use

These Terms of Use are deemed to have been accepted by you should you use the website. The Terms of Use govern your use of the website.

Important information

The terms of use set out below apply to this and all other websites owned, operated, or sponsored by Linus Schietekat t/a Phoenix Trust – unless such other website specifically provides otherwise. When you use the website you are deemed to have agreed to all of these terms of use governing the website. Please check the website regularly for changes. The terms of use may change from time to time and without notice. The terms displayed at the time that you use the website will govern your use of the website.

Please address any comments or inaccuracies contained in the website to webmaster[at]phoenixtrust.co.za

Nature of website contents

Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.

Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Phoenix Trust will not be liable for any inaccuracy in the calculation.

Subscribing to any service or buying any product through the website is subject to the vendor's full contractual terms and conditions, and applicable legislation. 

Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Phoenix Trust provides a link to a third party website does not necessarily mean that Phoenix Trust endorses, authorises, or sponsors that website, or that Phoenix Trust is affiliated to such website's owners or sponsors.

The content on any websites which may be accessed from a Phoenix Trust website is not under Phoenix Trust’s control and Phoenix Trust will not be held responsible or liable for any content displayed on a third party website.

The content or information displayed on a Phoenix Trust website or any third party website which may be accessed through links provided on the Phoenix Trust website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Phoenix Trust website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.

Visitors from foreign countries

Use of this website or the purchase of services or products through the website from the country from which you may access the website may be illegal in that country. Your use of the website for any purchase that you may make is entirely at your own risk. It is recommended that you ensure that use of the website for any purchases made by you are not in violation of the laws of any country by which you may be governed.

Unless expressly stipulated, nothing on this website shall constitute an offer for sale of any service or product. Nor shall any information contained on the website be construed to be financial or investment advice.

If you wish to use the information displayed on the website to purchase any service or product or procure financial or investment advice, your request to do so shall constitute an offer which may in the discretion of Phoenix Trust, be accepted.

The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer. The responsibility for ensuring compliance with any laws or regulations which may apply to you remain exclusively yours and in making the offer you are deemed to have indemnified Phoenix Trust against any loss or damage that it may suffer arising from your violation of any laws applicable to you.

Phoenix Trust's services may not be available in your country. Contact Phoenix Trust or your local financial or legal adviser to find out whether and if so which of, Phoenix Trust’s services may be available to you.

No warranties

The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Phoenix Trust does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

Restricted use 

Unless otherwise specified, all information, products, and services displayed on or accessed through the website are for your personal and non-commercial use only. You may not -

  • Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Phoenix Trust’s prior written authorisation;
  • Decompile or reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
  • Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Phoenix Trust’s image or impair its ability to do business; 
  • Use the Website in a manner that could damage, disable, overburden, or impair any Phoenix Trust server, or network connected to any Phoenix Trust server, or interferes with any other party's use of the website; 
  • Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a Phoenix Trust server or any other part of the Phoenix Trust information system. Any attempt, whether successful or unsuccessful to interfere with the information displayed on the Phoenix Trust website or to gain access to information or any part of the Phoenix Trust information system to which you are not authorized is unlawful and constitutes an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002. 
  • Create a link from another website to the website or any of the web pages which constitute the website without Phoenix Trust’s prior written authorisation;  
  • Frame the Website or any of its pages without Phoenix Trust’s prior written authorisation.

Electronic transactions, communications, and records

  • When you visit the website or send email to Phoenix Trust you consent to receiving communications from Phoenix Trust electronically.
  • You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Phoenix Trust satisfy any legal requirement that such communications should be in writing. 
  • You accept the risks inherent in electronic communication in whatever form.
  • You authorise Phoenix Trust to act on the information communicated to Phoenix Trust electronically.
  • You are responsible to ensure that Phoenix Trust has received the information communicated electronically.
  • You acknowledge and agree that Phoenix Trust, in its discretion, may retain and store your electronic communications.
  • You agree that the electronic records stored by Phoenix Trust will constitute rebuttable proof of the content of the records. 
  • Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of Phoenix Trust.

User ID and password

If you subscribe to a service or product provided on the website you may be required to choose a user id and/or password. You are entirely responsible for –

  • Maintaining the confidentiality of your password;
  • All activities that occur in your account, either with or without your knowledge; Notifying Phoenix Trust immediately of any unauthorised use of your user id and/or password or any other breach of security;
  • For losses incurred by Phoenix Trust or a third party due to someone other than you using your user id and/or password.

Secure payment system

If any payments are to be made by you to Phoenix Trust you will be required to use a payment system authorised by Phoenix Trust. Phoenix Trust shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically. Phoenix Trust accepts liability for any damages that may be suffered to you due to a failure in the payment system.

Privacy policy

Your privacy is important to Phoenix Trust. Personal information transmitted to Phoenix Trust will be treated in accordance with Phoenix Trust’s Privacy Policy.

No liability

Phoenix Trust will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website.

Except as provided in 7, Phoenix Trust will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.

Warranties provided by you

  • For all purposes, and in particular for purposes of 6 above, you warrant –
  • Your identity (that is, you are who you say you are), and that you can prove your identity should Phoenix Trust require you to do so;
  • That all information you provide at any time to Phoenix Trust via the website, in writing, or to Phoenix Trust client liaison staff will in all respects be current, complete, and accurate;
  • That you will fully disclose all material and relevant facts to Phoenix Trust, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.

Intellectual property rights

The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Phoenix Trust.

As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Phoenix Trust or the licensor's prior written permission.

Breach 

Phoenix Trust reserves the right to -

Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Phoenix Trust is unable to verify or authenticate any information you provide to it; or (c) Phoenix Trust believes that you are conducting activities that are illegal, abusive, attack the integrity of the website, or may place Phoenix Trust in disrepute;  Refer any breach to the police if such breach constitutes a crime;  Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.

Indemnity

You agree to indemnify and hold harmless any member of the Phoenix Trust Group and its respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.

Jurisdiction and applicable law

Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).

Any claim arising from -

  • The use or inability to use the website; 
  • An application for, and the rendering of a service or providing of a product,
  • Is subject to the laws of the Republic of South Africa - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
  • All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client. 
  • Permission to obtain authorisation from Phoenix Trust as provided for herein, please address the request to webmaster[at]phoenixtrust.co.za

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