Website Terms of Use
- Introduction
- Future Forex SA (Pty) Ltd (FF) trades cryptocurrency as your agent for and on your behalf (Service) and owns and operates the website www.futureforex.co.za (Website).
- By using the Service and the Website, you agree to be bound by the following terms and conditions (together Terms). You must read the Terms very carefully. If you do not want to be bound by the Terms you must not use the Service or the Website.
- These Terms apply to Clients who are defined as “consumers” for purposes of the Consumer Protection Act, No 68 of 2008 (CPA). There are clauses in these Terms that require your careful consideration. To assist you, those terms where you are required to assume a risk, which may limit any of your rights, which provide for specific acknowledgements of fact or warranties required by or from you or which limit or exclude our liability, or indemnify us, appear in bold font below. You acknowledge that you have read and appreciate the importance of all of the provisions in these Terms, including without limitation, the clauses in bold font. Nothing in these Terms is intended to unlawfully restrict, limit or avoid any rights or obligations created in terms of the CPA, to the extent that such legislation is applicable. Please seek independent professional advice if you do not understand any provisions of these Terms.
- FF may change these Terms at any time by following the process set out in clause 4.2. You agree to visit the Website regularly to review the Terms.
- FF’s privacy policy is set out at www.futureforex.co.za/privacy-policy/.
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Definitions and interpretation
- In these Terms, unless the context shows otherwise –
- Applicable Laws means, in relation to you, all statutes, regulations, rules, policies, circular, guidance notes and the like of any governmental authorities, the common law, the decision of governmental authorities or courts, and other similar provisions, from time to time, compliance with which is mandatory for you, including the Financial Intelligence Centre Act, No 38 of 2001 (FICA), the Prevention of Organised Crime Act, No 121 of 1998, the Prevention and Combating of Corrupt Activities Act, No 12 of 2004, Consumer Protection Act, No 68 of 2008 and all tax laws and exchange control statutes and regulations published under the Exchange Control Regulations, 1961 made in terms of the Currency and Exchanges Act, No 9 of 1933 (Exchange Control Regulations);
- Financial Services Laws means the Collective Investment Schemes Control Act, No 45 of 2002, the Credit Rating Services Act, No 24 of 2012, the Financial Advisory and Intermediary Services Act No 37 of 2002 (FAIS), the Financial Institutions (Protection of Funds) Act, No 28 of 2001),, the Financial Markets Act, No 19 of 2012, the Financial Sector Regulation Act, No 9 of 2017, the Banks Act, No 94 of 1990, National Payment System Act, No 78 of 1998, and includes any like legislation;
- include means to include with no limitation;
- person includes a company, corporation, trust, partnership and other entity whether or not having separate legal personality;
- you or client means the individual (natural person) who uses the Service or the Website, as principal; and
- different grammatical forms of the same word have a like meaning.
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Additional Provisions relating to the Website
- In this clause, Content means any text, graphics, audio, computer software, and links to other websites in whatever format.
- You are liable for all Content howsoever submitted by you to the Website.
- By submitting Content to the Website by any means, you warrant and represents that –
- you will not infringe any third party intellectual property rights;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, nor machine-generated or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites;
- the Content is not designed to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, does not contain threats or incite violence towards person, and does not violate the privacy or publicity rights of any third party;
- the Content does not undertake, promote or facilitate: obscene or pornographic materials; violence; unfair discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or illegal activities;
- it is not being advertised through unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, or similar unsolicited promotional methods;
- the Content does not contain the name or information of another person designed to mislead other persons; and
- in the case of Content that includes computer code, it has accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by FF or otherwise.
- By submitting Content to the Website, you grant FF a world-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for purposes of providing the Service and the Website, otherwise complying with its obligations, and exercising its rights under these Terms
- Without limiting any of the above representations or warranties, FF may (but is not obliged), in its sole discretion, to –
- refuse or remove any Content that, in its reasonable opinion, violates any FF policy or is in any way harmful or objectionable; and
- terminate, suspend or restrict access to, and use of, the Website,
immediately, without prior notice, and without giving reasons.
- You may not –
- use any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
- use any device, software or routine or the like to interfere or attempt to interfere with the proper working of the Website;
- do anything that imposes an unreasonable or disproportionately large load on the Website infrastructure;
- copy, reproduce, modify, create derivative works, or publicly display any Content from the website without FF’s prior written permission;
- reverse assemble or otherwise attempting to discover any source code relating to the Website or any tool therein; or
- attempt to access any area of the Website to which access is not authorized.
- You may not violate or attempt to violate the security of the Website, including by –
- accessing data not intended for you or logging into a server or account you are not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including by submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
- sending unsolicited emails, including promotions or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- deleting or revising any material posted by any other person; or
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
- FF may, in its sole discretion, and without liability to you, suspend the operation or use of the Website or suspend the Service if the suspension is necessary for repair or maintenance work to be carried out or in order to update or upgrade the Website from time to time
- The Website is provided “as is”. FF disclaims all warranties and representations of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. FF does not warrant or represent that the Website will be error-free, or that access to it will be continuous or uninterrupted. You use the Website at your own risk.
- Insofar as the Website contains links to any other internet websites, you acknowledge and agree that FF does not have control over any such website and FF shall therefore not be liable in any way for the contents of any such linked website, nor for any damages, losses or costs of any nature whatsoever arising from your access and/or use of any such website.
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Termination, suspension or restriction of Service
- FF may, in its sole discretion, and without notice or liability to you, terminate, suspend or restrict the Service or your use of the Service for any reason.
- FF may, in its sole discretion, amend these Terms by giving you 5 business days written notice. If you do not agree with the changes we send to you, you may terminate this agreement with us. We will send the notice of amendment to the email address which you disclosed to us when you accepted these Terms.