1. Introduction

Retail Capital Limited is a limited liability company registered in South Africa with company registration number 2010/019149/06.  Our registered office is at 4th Floor, The Palms, 145 Sir Lowry Road, Woodstock, 7915, Cape Town.  All references in these terms and conditions to “Retail Capital”, “we” “our” or “us”, are references to Retail Capital Limited.  References to “you” and “your” means the website user.  

The website terms of use as contained herein (“the Terms and Conditions”), shall govern your use of this website and by accessing and using this website, you agree to each of the Terms and Conditions, as they may be amended.  Additional terms and conditions applicable to the specific areas of this website are posted throughout the website and, together with these Terms of Conditions, shall govern your use of these areas, content and/or transactions.  The Terms and Conditions do not cover products or services that you receive from Retail Capital in terms of a separate written agreement, which shall be covered by the relevant written agreement.  

You must not use this website if you have any objection to any of the Terms and Conditions.

For questions, you may contact us at 0861 17 17 17 or compliance@retailcapital.co.za.

2. Privacy

We value your privacy.  Please read our Privacy Policy, also available on this website, that describes how we collect and use personal information about you and that is incorporated in the Terms and Conditions.  By using the Site or the Service, you are consenting to the Privacy Policy.

3. Users

The website is intended solely for users who are eighteen (18) years of age or older. By using the website, you represent and warrant that you are 18 years of age or older.

4. Intellectual Property

Retail Capital and/or it’s licensors own all copyright, trademark, and all other intellectual property rights for all material on the Retail Capital website, unless otherwise noted. All intellectual property rights are reserved.  You may view and/or print pages from our website for your own personal use, subject to restrictions set in these terms and conditions.

Unless otherwise stated, or where express written permission is granted by Retail Capital, you are expressly and emphatically restricted from all the following:

– publishing any website material in any media;

– selling, sublicensing and/or otherwise commercialising any website material;

– using this website in any way that is, or maybe, damaging to Retail Capital or its licensors or that may expose Retail Capital or its licensors, or any of their officers, directors, employees, agents or representatives or website users to any harm or liability of any kind;

– using this website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website in any way that impacts user access to this website;

– using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;

– use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website;

– engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website; or

– using this website to engage in any advertising or marketing.

We may restrict, in whole or in part, your use of this website at any time without notice and without any notice to you and for any or no reason.  

5. Links to other websites

Our website may contain links to third-party websites or services that are not owned or controlled by Retail Capital.

Retail Capital has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.  Links on the website are provided to you only as a convenience and the inclusion of any link does not imply reliability and we don’t necessarily endorse any pages linked to the website.  Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

You further acknowledge and agree that Retail Capital shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

6. No warranties

Whilst we’ve taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the website, the website is provided “as is,” with all faults, and Retail Capital makes no express or implied representations or warranties of any kind related to this website or the materials contained on this website.  Additionally, nothing contained on this website shall be construed as providing advice to you.

The use of the website and the materials contained in it are entirely at your own risk.  

We don’t represent or warrant that the website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.  You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

7. Limitation of liability

In no event shall Retail Capital, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, delict or otherwise, and Retail Capital, including its officers, directors and employees shall not be liable for any direct, indirect, consequential or special liability arising out of or in any way related to your use of this website, including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise or your reliance on the information contained on the website.

Your sole and exclusive remedy and Retail Capital’s sole and exclusive liability to you for any reason shall be for you to discontinue your access to or use of the website.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8. Indemnification

You hereby indemnify Retail Capital to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

9. Changes

We may, at our sole discretion, modify the website, including the Terms and Conditions at any time without prior notice.  Any revised term shall take effect as at the date when the change is made to the website.  You agree to review the Terms and Conditions regularly and your continued access to or use of the website will mean that you agree to any changes.

10. Electronic and telephone communication

By using this website, or sending e-mails to Retail Capital, you are communicating with us electronically.  You agree to receive communications from us electronically, and that all agreements, notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communication be in writing to be effective.

You further expressly consent that we may contact you, and our employees, representatives and agents, or anyone contacting you on our behalf, for any and all purposes arising out of or relating to any account that you may have with us, at any telephone number, or any physical, email or electronic address that you provide or at which you may be reached.  It is your responsibility to provide us with current and accurate contact information.  

You may withdraw your consent to receive communication electronically by contacting us at the address provided at the beginning of the Terms and Conditions. 

11. Email and Other Messages 

Messages sent over the Internet, or any cellular telephone network, cannot be guaranteed to be completely secure as they are subject to possible interception, loss, or alteration.  Retail Capital is not responsible for any message lost, intercepted, or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.  The information contained in communications from Retail Capital is confidential and is intended solely for use of the addressee and others specifically authorized to receive it.  If you are not the named addressee (or person responsible for forwarding the email to the addressee) please let us know immediately by return email and destroy the copy you have received.  Any disclosure, copying, distribution, or taking action in reliance on the contents of such information is strictly prohibited and may be unlawful.

12. Competitions, surveys, and feedback

When you participate in any competition offered or survey conducted on our website or where you provide feedback in respect of our products or services, you give a non-exclusive, irrevocable, perpetual, and sub-licensable right for Retail Capital to use and to share the information that you provide in any format to pursue Retail Capital’s legitimate legal interests, including for advertising our products or services.   

You warrant that you own or control all of the rights to all content, photographs, videos or images, and that such content, photographs, videos and images do not infringe upon the intellectual property rights of any third parties.   

13. Applicable Law

These Terms and Conditions are governed by the laws of South Africa. The South African courts will have exclusive jurisdiction in relation to any and all disputes arising from the Terms and Conditions. 

14. Severability

If any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable that shall not affect the legality, validity or enforceability of any other provision of these Terms and Conditions.