CONDITIONS OF ACCESS
The following terms and conditions of TF Global Markets (South Africa) (Pty) Ltd T/A “ThinkMarkets” internet service applies:
TF Global Markets (South Africa) (Pty) Ltd T/A “ThinkMarkets”, registration number 2017/098181/07, an authorised Financial Services Provider (FSP No 49835) maintains this website and the services made available thereon ("Services").
By utilising the Services on this website, you the user, agree that you have reviewed the website in its entirety, that you have accepted the terms and conditions applicable to the Services, including all legal and regulatory terms and are aware of and understand such terms and conditions and the applicable local legislation and regulations.
From time to time, the Website may be inaccessible or inoperable for any reason, including, without limitation to: (a) equipment (hardware) malfunctions; (b) software malfunctions; (c) periodic maintenance procedures or repairs which ThinkMarkets and/or its third party service providers may undertake from time to time; or (d) causes beyond the reasonable control of ThinkMarkets and/or its third party service providers which causes are not reasonably foreseeable.
ThinkMarkets reserves the right at any time to change or discontinue any aspect, service or feature of this website and/or Services without notice.
All Services are subject, in addition to these terms and conditions to the requisite terms and conditions of ThinkMarkets in respect of each service.
You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, kindly contact ThinkMarkets for further information before you continue using this website.
Copyright subsists in this website and the unauthorised copying, reproduction, distribution, dissemination, sale, publication or other use of this material and the trade marks, logos or service marks (whether registered or not) of ThinkMarkets shall constitute an infringement of the relevant intellectual property laws.
While every care has been taken, no representation, warranty or undertaking (express or implied) is given and neither responsibility nor liability is accepted by ThinkMarkets or any of ThinkMarkets subsidiaries, as to the accuracy or the completeness of the information contained herein. All information is provided "as is" and should not be treated as professional or investment advice of any kind. Users must seek independent professional advice prior to taking any action based on the contents of the website.
Any indicative terms provided on this website are provided for the users information and do not constitute an offer, a solicitation of an offer, invitation to acquire any security or to enter into any agreement, or any advice or recommendation to conclude any transaction (whether on the indicative terms or otherwise) and must not be deemed as such.
This website has been prepared from resources believed reliable by ThinkMarkets but does not guarantee its accuracy or completeness.
The user authorises ThinkMarkets to act on any instruction purporting to emanate from the user whether in written, electronic or any other format. ThinkMarkets will not be required to authenticate any instruction and ThinkMarkets shall not be held liable as a result of the unauthorised use of the user's account and/or password, the user’s password must be kept secret and secure by the user at all times.
ThinkMarkets endeavours to place received orders from clients in the market without delay. In so far as ThinkMarkets is unable to place the order into the market, it will not be held liable to the user for any loss sustained in whatsoever manner.
ThinkMarkets will use its reasonable endeavours to carry out all securities related instructions received from the user through the website. However, the user shall not hold ThinkMarkets liable for, and hereby indemnifies ThinkMarkets against, any claim arising from the late or delayed processing of the user's instructions, the user agreeing that any such instruction issued through this website is solely at the user's risk.
Users who access and utilise this website do so on their own initiative and at their own risk, and are responsible for their own compliance with applicable local laws and regulations.
ThinkMarkets reserves the right to reject, in its sole discretion, any application for services contained on this website. The user acknowledges that a credit risk enquiry may be undertaken by ThinkMarkets and the user hereby grants its consent thereto.
ThinkMarkets is reliant in certain circumstances on services provided by third parties over which ThinkMarkets has no control. The user agrees that it will not hold ThinkMarkets liable for any loss whatsoever, howsoever caused, occasioned through the use of the Services on the website, the user making use of this website does so, at its sole risk. ThinkMarkets may also use the services of other organisations to provide information on the website. ThinkMarkets has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and ThinkMarkets will not be directly or indirectly liable for any damages that may arise from the users’ reliance on it. All quotes, news, market information or data shown on the website by way of live information feeds are delayed by at least 15 (fifteen) minutes unless otherwise stated. The user should always select the "refresh" or similar page update function on the users’ internet browser to ensure that the information the user is viewing is the most current.
This website may contain links to other websites with information and material produced by other parties. Whilst ThinkMarkets tries to provide links only to reputable websites, it 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 it has scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations.
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this website or any subsidiary pages before receiving our prior written approval, which may be withheld or granted (subject to the conditions ThinkMarkets specifies from time to time). An application for linking must be submitted to [email protected]. Once received, ThinkMarkets will do its best to respond and enter into further discussions with you. If you don't get a written response from ThinkMarkets within 10 (ten) business days, consider your request rejected. Breach of these conditions entitles ThinkMarkets to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
ThinkMarkets retains all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the website. You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
the material is used for considering use of the online services and for no other commercial purposes;
any reproduction of our proprietary material from this website or portion of it must include our copyright notice in its entirety.
The logos and trademarks shown on this website are ThinkMarkets registered and unregistered trademarks or that of third parties. Nothing on this website should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
Irrespective of the existence of copyright, you acknowledge that ThinkMarkets is the proprietor of all material on the website, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
ThinkMarkets or any of its subsidiaries shall not be liable for any interruption, malfunction, downtime or other failure of or in this website or any component part of the website for whatever reason.
ThinkMarkets may modify, suspend or discontinue the website, whether temporarily or permanently, without notice. It may also impose limits or conditions on the right to certain services, features or functions and it may restrict access to parts of or all of the services on the website.
ThinkMarkets’ commitment to your privacy and the security of your personal information is outlined in its privacy and security statement. ThinkMarkets may amend these terms from time to time. By accessing this website you are bound to the version of the terms published here at the time of any visit to this website. You agree to view the current version each time you access the website. All claims instituted by you against ThinkMarkets or any of its subsidiaries arising as a result of your use of the website or on the interpretation of these terms, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration. That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa,Sandton,Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. These Conditions of Access are governed by and construed in accordance with the laws of the Republic of South Africa. The arbitrator will have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration. ThinkMarkets may institute action against you in any court with appropriate authority. ThinkMarkets chosen address for any legal notice is:
61 Katherine Street
Republic of South Africa
The user’s address for notices and service of legal process is the address provided by you on the website or such other address provided by you in writing.