Privacy Policy & Terms of Use

DISCLAIMER IN REGARD TO THE INFORMATION WE PROVIDE

The information we provide on the ABN Digital website is supplied by ABN Digital primarily as a broadcaster. ABN Digital is a content provider and not a publisher of the information.

The content available on ABN Digital may be provided by various information providers. ABN Digital neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice or statement that is conveyed on ABN Digital

The information and opinions contained herein are not advice to buy or sell securities or any other investment instruments. Accuracy and completeness of data and opinions are not guaranteed.

ABN Digital, its owners, subsidiaries, its other affiliates, or any of their respective employees, agents, third part content providers, licensors, information providers or content partners is not liable regardless of the course or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of the information contained within ABN Digital, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the abovementioned Parties shall be liable for any third-party claims or losses arising therefrom or occasioned thereby. None of the above mentioned Parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither ABN Digital, its owners subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

DISCLAIMER OF WARRANTY: LIMITATION OF LIABILITY

In no event will ABN Digital, its owners, subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing ABN Digital or the ABN Digital software, be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use or inability to use ABN Digital.

ABN Digital disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ABN Digital, you acknowledge and agree to ABN Digital’s disclaimer of any such liability. If you do not agree, you should not access or use ABN Digital.

ABN Digital and its owners, affiliates, suppliers, agents and sponsors do not warrant and accept no liability that your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. ABN Digital and its owners, affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and Your reliance thereon. No opinion, advice, or statement of ABN Digital or its owners, affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. ABN Digital and its owners, affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ABN Digital shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

FORCE MAJEURE

Under no circumstances shall ABN Digital be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ABN Digital, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ABN Digital by you or your Account.

TERMINATION AND CANCELLATION

ABN Digital may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, ABN Digital shall have the right to immediately terminate your Account in the event of any conduct by you which ABN Digital, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

Should you be a Premium Service Subscriber ABN Digital reserves the right to cancel your subscription to the Premium Service at any stage should it deem necessary for any reason whatsoever.

Should this cancellation be for a security risk or any reason attributed to you or your use or the information supplied by you then ABN Digital will not refund any fees already paid. This is not a waiver of any legal rights that ABN Digital may in addition have, and may at its discretion pursue any further legal recourse that it may have against you.

You may cancel your subscription of the Premium Service or choose to opt out from receiving the additional services at any time. You will not be entitled to a return of any fees that you have already paid, however no further fees will be levied to your account.

ABN Digital reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, ABN Digital will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.

WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW

PAYMENT CLAUSE

ABN Digital will only accept credit card payments as a means of payment for all fees, payments, subscriptions, or any other charges that it will levy for use or access to ABN Digital.

By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or yearly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service. As indicated in these Terms of Use, “billing” shall indicate a charge against your registration, user or subscription account.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.

The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership.

In the event a monthly membership began on a day not contained in a given month, we will bill your Payment on the last day of such month. For example, if you became a paying member on January 31st, your Payment would next be billed on February 28th. If you received a free trial, your Payment will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are non-refundable. There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice by e-mail. If there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “edit payment options” button on the Homepage. If your Payment reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, ABN Digital shall have the right to terminate or suspend your subscription and your access to the Subscription Service.

LEGAL NOTICES

These Terms of Use and any other Policy found on ABN Digital are governed in accordance with the Laws of the Republic of South Africa.

If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by ABN Digital arising out of these terms, provided that ABN Digital shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

ABN DIGITAL (Pty) Ltd, Registration number 2007/106909/07, registered in accordance with the Company’s Laws of South Africa.

REGISTERED OFFICES:

4TH Floor, Sandown Mews,
West Tower,
88 Stella Road,
Sandton, South Africa

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