Terms of Use

Please read these Terms of Use carefully before accessing or using the SITE, software, apps, and/or plug-ins made available by STOCKWISE or its affiliates (individually and collectively, the "SITE")

 AGREEMENT AND TERMS OF USE

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This agreement governs the terms of use of the STOCKWISE website, software, apps, and/or plug-ins made available by STOCKWISE or its affiliates (individually and collectively, the “SITE”).

This SITE is owned and administered by STOCKWISE (Pty) Ltd (herein referred to as "STOCKWISE”) and no person may access or utilise the SITE without accepting the Terms of Use.

All users who access or use the SITE bind themselves to the Terms of Use herein below when accessing or using the SITE. Should a user refuse to agree to the Terms of Use, the user should not access or use the SITE.

STOCKWISE reserves the right to revise and change the terms and conditions contained herein at any time and without any prior notice. All users of the SITE are obliged to review the Terms of Use as posted on the website from time to time. Access and use of the SITE will be subject to the current version of the Terms of Use, rules and guidelines posted on the website at the time of such use. The continued access or use of the SITE by any user after such changes are posted will constitute an acceptance of the changes by such user.

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Use of and access to the SITE

The SITE and its contents (the "content") are intended for the use by customers of STOCKWISE. The use of the SITE and/or the content thereof by any person for any reason which is not related to business with STOCKWISE is strictly prohibited and constitutes unlawful activity.

Any user of the SITE and the content thereof are strictly prohibited from, interalia, the following:

  • downloading, copying, or re-transmitting any or all of the website or its content without the written or express permission from STOCKWISEor in violation of a written license or agreement with STOCKWISE;
  • using any data mining, robots or similar data gathering or extraction methods;
  • manipulating or otherwise displaying the website or the content by using framing or similar navigational technology;
  • registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any STOCKWISE’s products or services, and
  • using the website or the content other than for its intended purpose, as determined solely in STOCKWISE’sdiscretion, including but not limited to, to harass, intimidate, abuse, insult, defame, stalk, threaten or in any manner violate or infringe on the legal rights, including the privacy of any person or institution or lawful entity, and/or to communicate, distribute, publish, post or disseminate any abusing, defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

No person or user may interfere with the security of, or otherwise abuse the SITE or any system resources, services or networks connected to or accessible through the SITE. The SITE may only be used for lawful and bona fide purposes.

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Intellectual Property

All materials (including the organisation and presentation of such material) on the SITE (the "materials”) are the property of STOCKWISE and its suppliers and licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless a separate agreement has been entered into with STOCKWISE, material may not be used without the written permission of STOCKWISE.

The materials obtained through the SITE may only be used and copied for the user’s own non-commercial, personal or educational purposes, provided that the materials may not be modified and that the copyright and other intellectual property notices are not deleted or tampered with. No user may create any derivative works or otherwise exploit the materials.

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Trademarks

STOCKWISE and any other product or service name or slogan contained in the website are trademarks of STOCKWISE and its suppliers or licensors, and may not be copied, reproduced, imitated or used, in whole or in part, without the prior written permission of STOCKWISE or the particular trademark holder.

No person or user may use meta tags or any other "hidden text" forms to utilise STOCKWISE or any other name, trademark or product or service name of STOCKWISE without prior written permission.

The design, look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of STOCKWISE and may not be copied, imitated or used, in whole or in part, without prior written permission from STOCKWISE.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by STOCKWISE.

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Privacy

The privacy of the personal information of the individuals connected with or associated with STOCKWISE will be respected. All personal information obtained in respect of any individuals registering on the STOCKWISE website, will be treated in accordance with STOCKWISE’s Privacy Policy.

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Accuracy of the SITE

Although STOCKWISE updates the information on the SITE regularly, no guarantee is given, nor any responsibility or liability accepted for the accuracy, currency or completeness of the information on the SITE. STOCKWISE reserves the right to delete, revise or supplement information, services and/or the resources contained in the website when and if necessary and reserves the right to make such changes without prior notification to past, current or prospective users.

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Linked Web sites

The website may provide links to other websites for convenience only. The inclusion of these links does not imply that STOCKWISE is associated or involved with or monitors or endorses these websites. STOCKWISE does not accept any responsibility for such websites and are not 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 the reliance upon any information, content, goods or services available on or through any other websites or linked resources.

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Internet software or computer viruses

Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the SITE and may be caused by technical difficulties with the Internet, computer viruses or other destructive programs which may also be inadvertently downloaded from the SITE.

STOCKWISE is not responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact on the user of the website’s computer equipment or other property, due to the access to, use of, or browsing on the SITE or the downloading of any of the materials from the SITE. STOCKWISE recommends the installation of adequate anti-virus or other protective software.

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Website and Materials Provided "As Is"

The SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. STOCKWISE DOES NOT REPRESENT OR WARRANT THAT The SITE OR THE MATERIALS WILL NECESSARILY MEET A USER’S REQUIREMENTS OR THAT THE USE WILL BE UNINTERRUPTED OR ERROR FREE.

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Limitation of Liability

THE USER ASSUMES ALL RESPONSIBILITY AND ACCEPTS ALL RISK FOR USE OF The SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

NEITHER STOCKWISE NOR ANY DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, PARTNER, OR AGENT OF SSI SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HERE-UNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, DELICT, NEGLIGENT ACT OR OMISSION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

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Indemnification

Any and all users of the website defend, indemnifies and hold harmless STOCKWISE its subsidiaries, affiliates, licensors, employees, agents, third party information providers, contributors and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) against STOCKWISE arising out of or related to any breach or conduct by such user, their use or inability to use the SITE, their breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, their unauthorised use of the STOCKWISE content, or their violation of any rights of another.

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Notice and Procedure for Making Claims of Infringement

STOCKWISE respects the copyright of others, and expect of our users to do the same. Should any user of belief that any work has been copied in such a way that constitutes copyright infringement, or violation of any intellectual property rights, such user must report such violation in writing to STOCKWISE with the following information:

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • Description of the copyrighted work or other intellectual property that is claimed to have been infringed;
  • A description of where the material that is claimed to be infringing is located on the website;
  • The complainant’s address, telephone number, and email address;
  • A statement by the complaint that in good faith that it is believed that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement by the complainant, made under penalty of perjury, that the above information in the notice is accurate and that the complainant is the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

Please address your letter to STOCKWISE as follows:

Management

management@stockwise.co.za

Attention: Director Operations – copyright

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Email

Any user is free to email STOCKWISE at support@stockwise.co.za Please note however that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. STOCKWISE shall not be liable for any damages related to communications to or from the SITE. The user agrees that, with regards to any information provided by him or her through the SITE or via e-mail to STOCKWISE that:

  • STOCKWISEhas no obligations concerning such information;
  • the information is non-confidential;
  • STOCKWISE may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

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Applicable law

The SITE is controlled, operated and administered by STOCKWISE in accordance with the Laws of the Republic of South Africa. The SITE site can be accessed from all provinces within South Africa and from other countries around the world. Each and every user of the SITE acknowledge and agree that any dispute, action or claim and all other matters relating to access to, or use of the SITE shall be governed by the laws of the Republic of South Africa.

Any claims or disputes whatsoever arising here-under shall be subject to the exclusive jurisdiction of the Regional Court for the District of Gauteng, held at Pretoria, Gauteng Province South Africa, to which court’s jurisdiction the user expressly agrees.

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General

Any failure by STOCKWISE to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

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Contact

If you have concerns relating to the SITE or these Terms of Use, please contact STOCKWISE at management@stockwise.co.za or via phone at (+27) 82 857 0479

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About Us

As designers and photographers we are visual story-tellers. The story of Africa is not a single story, as its’ very beauty lies in its complexity, the diversity of its’ people and cultures and the contrasts in its’ landscapes. The stories of Africa are best told by Africans….

Our stock library of African images offers an opportunity for our creatives to not only contribute to the economic growth and prosperity of Africa, but also to share their knowledge of their craft through a series of workshops and blogs.