This Disclaimer governs the manner in which Capricorn Asset Management (Pty) Ltd (Reg. No. 2005/648) ("we", "our",) treats any individual who uses our website and/or contact us electronically. In order to eliminate any misunderstandings when viewing or using the information contained on our website, which could result in possible disputes, Capricorn Asset Management kindly request that you carefully read the following disclaimer.
By visiting and/or viewing the contents of the Capricorn Asset Management website, you agree to the following:
- All the information appearing on the Capricorn Asset Management website is made available without any representation and/or warranty, whether expressed, implied or tacit, by Capricorn Asset Management.
- Capricorn Asset Management declares that it accepts no liability for any loss, whether direct, indirect or consequential, arising from the use of information appearing on the Capricorn Asset Management website.
- The use of our website is subject to the terms and conditions set out below.
Terms of Service
Terms and Conditions of website use.
Acceptance
The current version of these conditions, as published and appearing on our website, will govern our respective rights and obligations each time you access our website.
Your right to privacy concerning your personal information
Any personal information provided by our website visitors shall be treated as confidential. We commit to the privacy of any personal information provided under this website.
Amendments to these conditions
We may, at our discretion, amend these terms and conditions from time to time. By accessing this site, you are bound to the latest version of the conditions published and appearing on our website at the time of any visit to our site. Furthermore you agree to view the current version of these conditions on each occasion you access our site.
Use of external information and links
We may use the services of third parties and 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.
This site may contain links to other websites with information and material produced by other parties. While we try to provide links to reputable websites only, we cannot accept responsibility or liability for the information provided on other websites. A link from our website to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security and privacy practices and operations.
Intellectual property rights to information on our website
For the purpose of this clause, Intellectual Property shall mean but is not limited to, trademarks, copyright, design, patents, trade secrets and know how.
We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via our website.
The logos and trademarks appearing on our website whether registered with the regulation authority or not, are the property of Capricorn Asset Management. Nothing on our website should be construed as granting any license or right to use any trademark without our prior written permission. You may not, without our prior written permission, use our intellectual property.
Irrespective of the existence of copyright, you acknowledge that Capricorn Asset Management is the proprietor of all material on our website, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Termination, suspension and limitation of our website
We may, where we, in our sole discretion, deem it necessary, modify, suspend or discontinue our website, whether temporarily or permanently, without notice to you.
We also reserve the right to impose limits or conditions on your right to certain services, features or functions contained on our site and we may restrict access to parts of or all of the services on our site.
Warranties and representations given
Capricorn Asset Management does not warrant that its website or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. This website is provided “as is" without any representations or warranties, express or implied.
Capricorn Asset Management expressly disclaims all implied and express warranties, including, without limitation, warranties of fitness for a particular purpose, non-infringement, compatibility, security and accuracy of this, its website.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Disclaimer and Limitation of Liability
As a customer you use our website entirely at your own risk.
As a customer you furthermore assume full responsibility for the risk or loss resulting from your use of our website and your reliance on the material and information contained on it.
Capricorn Asset Management and our affiliates, agents, consultants or employees are not liable for any damages whatsoever relating to your use of our website or the information contained on our site or your inability to use our website.
Without limitation or restriction, Capricorn Asset Management's non-liability aforesaid includes any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract or statute, or otherwise and regardless of whether Capricorn Asset Management was expressly advised of the possibility of such loss or damage.
Capricorn Asset Management has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Capricorn Asset Management, its officers or employees in respect of any losses you suffer in connection with the website. You further agree that the limitations of warranties and liability set out in this website disclaimer will protect Capricorn Asset Management, its officers, employees, agents, subsidiaries, successors and assignees.
Capricorn Asset Management will, without derogating from the generality of the above statement, not be liable for:
- Any interruption, malfunction, downtime or other failure of our website or online services, our system, 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 our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or any other destructive code on our system or third party systems and programming defects;
- Any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as telecommunication service providers (currently provided by Telecom Namibia), Internet service providers, electricity suppliers (currently provided by Nampower), local authorities (as defined in the Local Authorities Act, 23 of 1992) and Internet security certification authorities;
- Any event or incident over which we have no direct control or authority.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer terms and conditions are reasonable. If you do not think they are reasonable, you must not use this website.
Applicable law
The laws of the Republic of Namibia shall govern the terms and conditions of any information offered on the Capricorn Asset Management website. In the event that any disputes, proceedings or actions are instituted by either party against the other arising from the aforesaid terms and conditions, then both parties consent to the jurisdiction of the High Court of Namibia or any other applicable Namibian court.
General
No failure or delay by us in exercising any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part to these conditions or prejudice our right to take subsequent action against you.
If any of these terms, conditions or provisions is held to be invalid, unlawful or unenforceable, the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
Contact address for queries
If you have any questions or do not understand anything in these conditions, please contact us via e-mail at cam.pp@capricorn.com.na and we will respond to your question as soon as possible.
