WEBSITE TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE GO 4 GOLD WEBSITE OR ANY PART THEREOF (THE GO 4 GOLD WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE GO 4 GOLD WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS

1.       GENERAL

Go 4 Gold is a Non Advisory Services Provider.

2.       ALLOWED USE AND LICENSE

2.1               Go 4 Gold licenses the User to view the content of the Go 4 Gold website, provided that such content is used for personal and non-commercial purposes only;

2.2               Content from the Go 4 Gold website shall not be used or exploited by Users for any commercial and non-private purposes without the prior consent of Go 4 Gold;

2.3               Users may only access and use the Go 4 Gold website for legal purposes;

2.4               The caching of the Go 4 Gold website shall only be allowed if:

2.4.1          The purpose of the caching is to make the onward transmission of the content from the Go 4 Gold website more efficient;

2.4.2          The cached content is not  modified in any manner whatsoever;

2.4.3          The cached content is updated at least every 12 (twelve) hours; and

2.4.4          The cached content is removed or updated when so required by Go 4 Gold.

2.5               If any User uses content from the Go 4 Gold website in breach of the provisions detailed herein:

2.5.1          Go 4 Gold reserves the right to claim damages from the User;

2.5.2          Go 4 Gold reserves the right to institute criminal proceedings against the User; and

2.5.3          Go 4 Gold shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6               Hyperlinks to the Go 4 Gold website from any other source shall be directed at the home page of the Go 4 Gold website. Go 4 Gold shall not be liable, in any manner whatsoever, for any damages, loss or liability that resulted from the use of content from the Go 4 Gold website, if such content was accessed through a hyperlink not directed at the home page of the Go 4 Gold website.  Persons that wish to link to content beyond the home page of Go 4 Gold website shall do so at their own risk and indemnify Go 4 Gold against any loss, liability or damage that may result from the use of content from the Go 4 Gold website, if such content was accessed through a hyperlink not directed at the home page of the Go 4 Gold website;

2.7               No person may frame the Go 4 Gold website, in any manner whatsoever, without the prior written consent of Go 4 Gold;

2.8               Apart from bona-fide search engine operators and use of the search facility provided on the Go 4 Gold website by Users, no person may use or attempt to use any technology or applications (including the web crawlers or web spiders) to search or copy content from the Go 4 Gold website for any purposes, without the prior written consent of Go 4 Gold, and

2.9               All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Go 4 Gold at any time without giving reasons thereof.

3.      INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the Go 4 Gold website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Go 4 Gold and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Go 4 Gold website are expressly reserved.

4.      SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her expense, the computer hardware, software, lies and access accounts required to access the Internet and the Go 4 Gold website and/or download content from this website.

5.      DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Go 4 Gold website is classified as “electronic transactions” in terms of the ECT act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Go 4 Gold has the duty to disclose the following information:

5.1               The full name and legal status of the website owner; Go 4 Gold Financial Services CC;

5.2               Company registration number:  2010/121119/23;

5.3               Street Address:  695 Witdoring Avenue, Moreleta Park, 0044;

5.4               Postal address:  PO Box 409, Menlyn, 0063

5.5               Physical address for receipt of legal service:  695 Witdoring Avenue, Moreleta Park, 0044;

5.6               Telephone number:  012 – 997 7306

5.7               Members:  View members on the website

5.8               Main business:  Improving Vitality

5.9               The website address of the Go 4 Gold website is: www.go4gold.co.za

5.10            The official e-mail address of the Go 4 Gold website is:  admin@go4gold.co.za

5.11            Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2002

5.12            Alternative dispute resolution:  subject to urgent and/or interim relief; all disputes regarding:

5.12.1      access to the Go 4 Gold website

5.12.2      the inability to access the Go 4 Gold website

5.12.3      the services and content available from the Go 4 Gold website; or

5.12.4      these terms and conditions shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English.  The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

5.13            The costs associated with the access and use of the Go 4 Gold website are as follows:  Free;

5.14            The cooling-off period:  In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and

5.15            Users may lodge complaint concerning the Go 4 Gold website by contacting admin@go4gold.co.za.  Users hereby assign the copyright in such complaints to Go 4 Gold and understand that Go 4 Gold may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

6.      CHANGES AND AMENDMENTS

Go 4 Gold expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1               change these terms and conditions

6.2               change the content and/or services available from the Go 4 Gold website;

6.3               discontinue any aspect of the Go 4 Gold website or service(s) available from the Go 4 Gold website and/or;

6.4               change the software and hardware required to access and use the Go 4 Gold website.

7.      PRIVACY

7.1               Go 4 Gold shall take all reasonable steps to protect the personal information of the Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

7.2               Go 4 Gold may electronically collect, store and use, amongst other, the following personal information of the Users:

7.2.1          name and surname

7.2.2          contact details

7.2.3          non-personal browsing habits and click patterns

7.2.4          email address; and

7.2.5          IP address.

7.3               Go 4 Gold collects, stores and uses the abovementioned information for the following purposes:

7.3.1          communicate requested information to the User;

7.3.2          newsletter database;

7.3.3          registrations and / or authentication of Users; and

7.3.4          to compile non-personal statistical information about browsing habits, click-patterns and access to the Go 4 Gold website;

7.4               Information detailed as above is collected either electronically by using cookies or is provided voluntarily by the User.  Users may determine cookie use independently through their browser settings;

7.5               Go 4 Gold may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1          Go 4 Gold shall not disclose personal information from Users unless the User consents thereto;

7.5.2          Go 4 Gold shall disclose information without the Users’s consent only through due legal process; and

7.5.3          Go 4 Gold may compile, use and share any information that does not relate to any specific individual; and

7.5.4          Go 4 Gold owns and retains all rights to non-personal statistical information collected and compiled by Go 4 Gold.

8.      HYPERLINKS TO THIRD PARTY SITES

8.1               Go 4 Gold may provide hyperlinks to websites not controlled by Go 4 Gold (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

8.2               Go 4 Gold does not editorially control on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9.      SECURITY

9.1               Go 4 Gold shall take all reasonable steps to secure the content of the Go 4 Gold website and the information provided by and collected from Users unauthorised access and/or disclosure.  However, Go 4 Gold does not make any warranties or representations that content shall be 100% safe and secure;

9.2               Go 4 Gold is under no legal duty to encrypt any content or communications from and to the Go 4 Gold website and is also under no legal duty to provide digital authentication of any page on the Go 4 Gold website;

9.3               Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Go 4 Gold website or the server and computer network that support the Go 4 Gold website;

9.4               Notwithstanding criminal prosecution, any person who delivers any damaging code to the Go 4 Gold website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Go 4 Gold harmless against any and all liability, damages and losses Go 4 Gold and its partners / affiliates may suffer as a result of such damaging code;

9.5               Users may develop, distribute or use any device to breach or overcome the security measures of the Go 4 Gold website and Go 4 Gold reserves the right to claim damages any and all persons concerned with a security failure or breach; and

9.6               Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Go 4 Gold and its partners / affiliates.

10.  DISCLAIMER AND LIMITATION OF LIABILITY

10.1            Subject to the provisions of sections 43(5) and 43 (6) of the ECT act, if applicable, and as far as allowed by law, Go 4 Gold (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1      access to the Go 4 Gold website

10.1.2      access to websites linked to the website

10.1.3      inability to access to the Go 4 Gold website

10.1.4      inability to access website linked to the Go 4 Gold website

10.1.5      content available on the Go 4 Gold website

10.1.6      services available from the Go 4 Gold website

10.1.7      downloads and use of the content from the Go 4 Gold website;

10.1.8      any other reason not directly related to Go 4 Gold’s gross negligence.

10.2            The Go 4 Gold website is supplies on an ‘as is’ basis and has not been compiled to meet the User’s individual requirements.  It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Go 4 Gold, that the content available from and through the Go 4 Gold website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;

10.3            Nothing on this site should be construed as solicitation, offer advice, recommendation, or any other service to acquire or dispose of any financial advise or investment, or to engage in any other financial transaction or investment.  The content and/or information obtained on this site are provided for Users informational and educational convenience only.  Nothing on this site should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions;

10.4            Go 4 Gold does not make any warranties or representations that content and services available from the Go 4 Gold website will in all cases be true, correct or free from any errors.  Go 4 Gold shall take all reasonable steps to ensure the quality and accuracy of content available FROM THE Go 4 Gold website and encourage Users to report incorrect and untrue information subject to the right of Go 4 Gold to rely o its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and

10.5            Go 4 Gold does not make any warranties or representations that the Go 4 Gold website shall be available at all times.  Users acknowledge that the Go 4 Gold website may be unavailable due to upgrades or other causes beyond reasonable control of Go 4 Gold, including, but not limited to virus protection, unauthorised access, power failure or other “acts of God”.

11.  REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Go 4 Gold website to Go 4 Gold and Go 4 Gold undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12.  INTERCEPTION OF COMMUNICATIONS

12.1            Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002 the User agrees to Go 4 Gold’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Go 4 Gold website, its staff and employees; and

12.2            The User agrees and acknowledge that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13.  ENTIRE AGREEMENT AND SEVERABILITY

13.1            These terms and conditions constitute the entire agreement between Go 4 Gold and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Go 4 Gold from the User;

13.2            Any failure by Go 4 Gold to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

13.3            In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.  The remaining terms and conditions shall remain enforceable and applicable.

14.  AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Go 4 Gold agree that:

14.1            the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria  (South Africa) at the time the User enters the Go 4 Gold website for the first time;

14.2            data messages (as defined in the ECT Act) addressed by the User to Go 4 Gold shall only be deemed to have been receives of and when responded to and an automated response is not a response for this purpose;

14.3            date messages (as defined in the ECT Act) addressed to the User by Go 4 Gold shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4            date messages (as defined in the ECT Act) addressed to the User by Go 4 Gold shall be deemed to have been created and sent by the User form within the geographical boundaries of South Africa;

14.5            electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Go 4 Gold; and

14.6            The User agrees and warrants that data messages that are sent to Go 4 Gold from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15.  APPLICABLE AND GOVERNING LAW

Subject to clause 5.5, the Go 4 Gold website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Go 4 Gold website, its content, services and these terms and conditions.

16.  LEGAL COSTS

Go 4 Gold shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.