Disclaimer

Website Terms and Conditions of Use Relating to Newlyn Investments (Proprietary) Limited and affiliated websites. This Disclaimer / Terms and Conditions (“the T’s & C’s”) govern your (“the User”) use of Newlyn Investments (Pty) Ltd.’s (“NEWLYN”) website located at the domain name www.newlyngroup.com (“the Website”) and its affiliated websites. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained/available on the Website. You agree that your use of this website is for lawful purposes only and agree that you will NOT use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.

ELECTRONIC COMMUNICATIONS

By using this Website or communicating with NEWLYN via electronic means, the user acknowledges and consents that any and or all agreements, notices, disclosures, or any other means of communication satisfies any legal requirement, including but not limited to the requirement that all such communications should be in writing.

AMENDMENTS TO TERMS AND CONDITIONS

NEWLYN reserves the rights to amend, modify, add and or remove from portions or the whole of this disclaimer from time to time. Changes to this disclaimer will become effective upon such changes being posted to the Website. The information, software, products, and services included in or available through this website may include in exactitudes or typographical errors. The information on this website is not binding and is provided solely for information purposes. It is the User’s obligation to periodically check this disclaimer on the Website for changes or updates. The User’s continued use of this Website will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

NEWLYN provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by NEWLYN, its affiliates and/or subsidiaries, or any other third-party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyrights of NEWLYN, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”) and is protected by South African and international copyright laws. NEWLYN reserves the right to make any changes to its Website, the Content, or to products and/or services offered through the Website at any time/s and without further notice. Links to websites functioned by third parties are provided as an additional service to you. Such websites are totally independent and beyond our control. NEWLYN is not liable for the content of any of these third-party websites which you may access via any NEWLYN website/s and accept/s no accountability of any kind for the content, the compliance with data protection rules or the usage of such websites. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

LIMITATION OF LIABILITY

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Nevertheless, we do not guarantee, direct or indirect, its correctness, nor are we accountable for any decisions taken based on the information. We make no representation or warranty regarding the information’s correctness, legitimacy and safety. Neither NEWLYN nor any holding company, affiliate or subsidiary of NEWLYN shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever and howsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if NEWLYN is expressly advised thereof.

PRIVACY

The User may visit the Website without providing any personal information. NEWLYN only stores personal information relating to users of its websites if consent for this has been agreed. The only information which is kept relates to the date and time of the visit, the sites visited, the name of the internet service provider concerned and that of the website from which the user accessed a NEWLYN site. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. NEWLYN uses this information to determine use of the Website, and to improve Content thereon. NEWLYN assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. Personal information of the user is only used to process enquiries, on the basis of consent granted by the user for a distinct purpose. Please note that when you use our websites, information can be stored on your computer in the form of cookies. You can choose not to accept these cookies in your browser settings. Please note that on request, you are entitled to receive, free of charge, information about the personal information relating to you which has been stored. You are also entitled to have the information corrected, blocked or deleted.

If you visit any of our websites with social media plug-ins, Internet Explorer will mechanically establish a link to the server on the appropriate network, regardless of whether you use the plug-in or not. The information that you have accessed is shared via this link. If you are logged into a social network during your visit to our website, the information communicated will be associated with your user account. This similarly applies if you interact with a plug-in. Whether you are or are not a member of a social network, your information may be stored by social networks. Kindly click here for our full privacy policy.

GOVERNING LAW

This Website is controlled, operated and administered by NEWLYN from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal, is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between NEWLYN and the User regarding the use of the Content and this Website.

CONTACT DETAILS:

If you need to contact the provider for purposes related hereto, kindly use the following:

Newlyn Investments (Pty) Ltd

Mr. Danvir Haridass
Telephone: (+27) 31 313 6500
Fax: (+27) 31 313 6501
Email: danvirh@newlyngroup.com (popi@newlyngroup.com)