Lockstep Investing (PTY) LTD Terms of Service
Lockstep Investing (PTY) LTD (“Company,” “we” or “us”, and “our” to be construed accordingly) provides its website, lockstepinvesting.com (the “Website”) and subscription-based membership services (the “Services”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between the Company and you (“Member”, “you”, and “your” to be construed accordingly) with respect to your use of the Website and the Services.
Acceptance of Agreement
By using the Website, you agree to be bound by the Agreement. In order to access and use the Services, you must sign up for membership (“Membership”) with us. Prior to completing the sign-up process for your Membership, you will be required to indicate that you accept all the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, you do not qualify for Membership and you cannot use the Service. Your Membership may. not be shared with any other person. You shall always be responsible and liable for all activities conducted throughout the duration of your Membership.
To register for Membership, you will be required to provide us with certain information, including but not limited to, your first and last name, e-mail address and payment information. You agree to always (i) provide accurate, up to date and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not up to date or incomplete, we reserve the right to terminate this Agreement and your use of the Website and the Services.
Access to and the use of the Services shall be subject to prior payment of a monthly membership fee, as published on the Website or otherwise communicated by the Company.
As part of the registration process, you will also be asked to select a username and password for your Membership which you will use each time you access the Website and the Services. You are responsible for maintaining the confidentiality and use of your username and password and are responsible for all activities carried out under them. You agree not to transfer your right to use or access the Website and the Services via your username or password to any third person. If you have reason to believe that your Membership account is no longer secure or that any unauthorized use has been made of your username and/or password, you must promptly change your password and immediately notify us of the problem.
USE OF THE WEBSITE AND SERVICE
Subject to the terms and conditions hereof, the Company grants to you a non-exclusive, non-transferable, and non-sublicensable license to use the Website and Services. Use of the Website and Services shall be limited to the purpose(s) provided in the Agreement or as determined by the Company. You shall have no right to copy the Website or Service in full or in part. You agree not to distribute, sell, sublicense or otherwise transfer copies of the Website, Service or content thereof or any portion thereof. You shall not be allowed to use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Services, or its contents.
The Service may include Member access to data regarding our investment portfolio, access to our non-personalized analysis regarding our investment portfolio, news and notifications, administrative assistance, and automated portfolio calibration.
Content published on the Website or provided through the Service does not constitute a personalized recommendation that any particular security, portfolio, transaction or investment strategy is suitable for any specific person. The Company does not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. To the extent that any of the content published on the Website or provided through the Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person or Member.
No Investment Advice
The content on the Website and provided through the Service is being provided for informational and educational purposes only and should not be construed in any way or form as investment advice. The Company does not provide tax, legal, insurance or investment advice, and nothing on the Website or Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security.
Use of the information provided by the Company is at your own risk. All stock and other investments have a degree of risk, which can result in significant or total loss. Historical performance figures provided by the Company are unaudited and intended for illustrative purposes only. All content and information on the Website or provided through the Service is “as is”. Past performance is not indicative of future results, which may vary.
The Company is not a fiduciary by virtue of any person’s use of or access to the Website or Service. The Company is not a licensed securities dealer, broker or investment adviser or investment bank.
You acknowledge and agree that the Website and Service are the property of the Company and/or its licensors and that title and full ownership rights in the Website and Service are reserved to and remain with the Company and/or its licensors. Except as expressly stated herein, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Website or the Service. You agree not to adapt, translate, reverse engineer, decompile or otherwise derive the source code for the Website or Service nor to communicate the contents thereof to the public, except to the extent that applicable laws specifically allow such actions/ disclosures.
In consideration for the Service, you shall pay to the Company the fees at the rates as published on the Website or otherwise disclosed by the Company (the “Fees”).
Unless stated otherwise, all rates and prices indicated by the Company are deemed exclusive of VAT and other additional taxes.
Members shall pay all invoiced amounts due to the Company within 30 days after the date of invoice. In the absence of payment on the due date, default interest at an annual rate of 10% will be charged by operation of law and without prior notice of default. All costs of recovery shall be borne by the Member, with a minimum of ZAR 2,500.00.
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Website and/or Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available;
Change in any fees or charges, if any, related to your use of Website and/or the Service; or
Change in the equipment, hardware or software required to use and access the Website and/or Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on our Website. Your continued use of the Website or the Service after such notice will be deemed acceptance of such changes. We recommend that you return to the Website periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
You assume sole responsibility for results obtained from the use of the Website and Service. Except as expressly and specifically provided in this agreement, all liability, warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
Nothing in this Agreement excludes the liability of the Company for death or personal injury caused by the Company’s negligence and for fraud or fraudulent misrepresentation or gross negligence.
In any event:
the Company shall not be liable whether in tort (including for negligence or breach of statutory duty), contract or otherwise for any loss of profits, loss of business, depletion of goodwill, prejudice to reputation and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
the Company’s total aggregate liability in contract, tort (including negligence or breach of statutory duty) or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total fees paid by you during the 12 (twelve) months immediately preceding the date on which the claim arose.
This Agreement shall, unless otherwise terminated in accordance with the Agreement, commence on the date of Membership registration and shall continue for a one-month period (the “Initial Subscription Term”). Thereafter, this Agreement shall be automatically renewed for successive one-month periods (the “Renewal Period”), unless either party notifies the other party of termination before the end of the applicable Renewal Period, in which case the Agreement shall terminate upon expiry of that applicable Renewal Period.
Either party shall be entitled to immediately terminate this Agreement if the other party is in default of any obligation hereunder.
A party shall have no liability to the other party under this Agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the other party is notified of such an event and its expected duration.
No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Rights and remedies
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part of a provision) of this Agreement is found by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
The Member shall not, without the prior written consent of the Company, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement. The Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.
Each party irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).