Terms and Conditions
The term "Beanstalk - Informed Online Investment" or "Beanstalk" or "Beanstalk Online Investments (Pty) Ltd." or "us" or "we" refers to the owner of the website / app whose registered office is Beanstalk Online Investments (Pty) Ltd., Suite 5, Steenberg House, Silverwood Close, Steenberg Office Park, Westlake, Cape Town, South Africa. Our company registration number is 2015/260415/07. The term "you" refers to the user / investor or viewer of our website / app.
- Beanstalk does not warrant in any way that information and materials available on the website / app are appropriate for use in all jurisdictions available on the web / through apps, or that transactions, securities, products, instruments or services offered on this website / app are available or indeed appropriate for sale or use in all jurisdictions, or by all investors or other potential clients. Those who access this website / app do so at their own initiative and are therefore responsible for compliance with applicable local laws and regulations.
- Whilst every effort has been made to ensure the accuracy of information contained on this website / app, Beanstalk, its directors or employees provide no representation, guarantee or warranty, express or implied, regarding the accuracy, completeness or correctness of information contained in this website / app. Beanstalk does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that any hardware on which it is stored is virus-free. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Nature of website / app content
- Calculations which may be displayed on the website / app are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Beanstalk will not be liable for any inaccuracy in the calculation.
- The content of the pages of this website / app are for your general information and use only. It is subject to change without notice.
Use of information
- Your use of any information or materials on this website / app is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website / app meet your specific requirements.
- This website / app contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice , which forms part of these terms and conditions.
- All trade marks reproduced in this website / app which are not the property of, or licensed to, the operator are acknowledged on the website / app. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
- You may not reproduce, modify or create derivative works from; publish, distribute, transmit or display; or license or transfer any of the contents on the website / app, unless you have our prior written permission; nor decompile, reverse engineer or disassemble the website / app, a linked web site / app, or software; nor post on or transmit to the website / app content of an unlawful nature, for example: (a) content that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane; or (b) that could damage our image or ability to do business. Unauthorised use of this website / app or its contents may give rise to a claim for damages and/or be a criminal offence.
- You may not use the website / app in a manner that could damage, disable, overburden or impair any Beanstalk server or network connected to any Beanstalk server or interfere with any other party’s use of the website / app.
- You may not gain unauthorised access to information from the website / app, a Beanstalk server or a network connected to a Beanstalk server – through hacking, password mining or any other means.
- You may not create a link from another website to the Beanstalk website, or any of the web pages which constitute the Beanstalk website, without Beanstalk’s prior written consent.
- You may not frame the website / app or any of its pages without Beanstalk's prior written consent.
- From time to time this website / app may also include links to other website(s) / app(s). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) / app(s). We have no responsibility for the content of the linked website(s) / app(s).
- Your use of this website / app and any dispute arising out of such use of the website / app is subject to the laws of South Africa.
Warranty limitations and limitations of liability
- The current version of these terms and conditions will govern our respective rights and obligations each time you access this website / app, and, unless otherwise stated in the current version, all previous versions shall be superseded by the current version.
- Beanstalk reserves the right to amend the online terms and conditions at any time.
- The website / app and the online services are provided “as is”, and Beanstalk makes no express or implied representations or warranties with regard thereto.
- Beanstalk does not warrant that the website / app or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
- Beanstalk expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Beanstalk, its shareholders, consultants and employees will not be liable for any damages whatsoever relating to the use of the website / app, the online services or the information contained therein, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise.
- Beanstalk will not be liable for any interruption, malfunction, downtime or other failure of the website / app or online services, our system, databases or any of its components, for whatever reason.
- Beanstalk will not be liable for any loss or damage arising from your instructions, investment decisions, purchases or disposal of goods and services, including financial instrument(s) or currency, from third parties, based on the information provided on this website / app.
- Beanstalk will not be liable for any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part.
- Beanstalk will not be held liable for any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities.
- Beanstalk will not be held liable for any event of vis major or any other event over which we have no direct control.
Hardware and Software
- You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest browser versions. Your failure to do so may result in a higher security risk and/or cause some or all of the functionality of the website / app not to operate properly or at all, and Beanstalk shall not be held liable in this regard.
- Software, if any, made available for download on or via our website / app is governed by license conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these license conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.
- Only registered users may login and access the portal and/or app.
- Each registered users login details serve as their key to access their portal and/or app account. The submission of an instruction using login details shall constitute and have the same effect as a written, signed authority.
- You are responsible to ensure your login details are (i) not easily accessible nor disclosed to any Third Party and (ii) not the same as any other login details used for any other account (whether online or otherwise) with any third party.
Username and Password
If you subscribe to a service or product provided on the Beanstalk website / app you may be required to choose a username (an identifying name) and a password. You are entirely responsible for:
- Maintaining the confidentiality of your password (you must not give the password to anyone else).
- Any activities that occur on the website/portal and/or app where your login details have been used to gain access.
- Notifying Beanstalk immediately of any unauthorised use (use that you did not consent to) of your username and/or password or any other breach of security that you know of. If you suspect that the secrecy of your login details have been compromised, or that someone has fraudulently accessed the platform, or submitted a fraudulent instruction, it must immediately notify Beanstalk in writing.
- For losses suffered by Beanstalk or a third party due to someone other than you using your username and/or password.
- After notification from a registered user of any fraudulent activity, Beanstalk reserves the right in its discretion to reject any instructions received, or to suspend the processing of all instructions received after such notification, or to de-activate the login details with immediate effect from the time of notification.
- Beanstalk will not be held liable for any fraudulent activity issued via the portal and/or app (as applicable). You are fully responsible and liable for any loss associated with any Fraudulent activity and/or transactions that may follow a fraudulent activity issued via the portal and/or App.
- Where there has been or suspected to have been any fraudulent activity via the website/portal and/or app, you agree to fully co-operate with Beanstalk, its subcontractors or advisers in any investigation it may carry out in respect of such fraudulent activity.
- If you forget your password, you will not be able to access the portal and/or app until you have undergone a security verification process by Beanstalk to authenticate your identity and new login details will be issued to you.
- Beanstalk reserves the right to lock your account at any time without notice. The reason for this may include (i) login details are entered incorrectly three times in succession; (ii) Beanstalk has been notified and/or suspect that the secrecy of the login details has been compromised; or (iii) Beanstalk has been notified and/or suspect that there may have been fraudulent activity on the platform.
- Beanstalk reserves the right to unlock a portal account in its sole discretion.
Processing of information
- By making use of the portal and/or app, you agree to the use of your data in an anonymised form (after removal of personal information) for statistical research purposes and to improve its portal, app and services.
Acceptance to do business
- Subscribing to any service or buying any product through the website is subject to Beanstalk’s contractual terms and conditions, and applicable legislation.
- If you wish to use the information displayed on the website / app to purchase any service or product or procure financial or investment advice from Beanstalk, your request to do so shall be regarded by Beanstalk as an offer to do business with Beanstalk, which may be accepted by Beanstalk if it chooses.
- The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer.
- The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Beanstalk (held Beanstalk harmless and agree to reimburse Beanstalk) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.
- When you communicate with Beanstalk by electronic communication provided or as may be directed on this website / app, you consent to receiving responses to your communications by electronic communication addressed to you by Beanstalk. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Beanstalk satisfy any legal requirement that such communications should be in writing.
- You accept the risks inherent in electronic communication in whatever form.
- You consent to Beanstalk acting on the information communicated to Beanstalk electronically. You are responsible to ensure that Beanstalk has received the information communicated electronically.
- You acknowledge and consent that Beanstalk, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Beanstalk will constitute rebuttable) proof (it may be challenged) of the content of the records.
- Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Beanstalk.
Mobile access and use
- You may access the Beanstalk website / app using a mobile device (including a mobile telephone).
- The Beanstalk website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Beanstalk is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Beanstalk website / app.
- While the use of the Beanstalk website / app is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Beanstalk website / app.
- Beanstalk is also not responsible for the communication of any person or confidential information between you and the Beanstalk website / app or any electronic communications mechanisms facilitated by the Beanstalk website / app and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Beanstalk website / app.
- The functionality and use of your mobile device is outside of the control of Beanstalk and Beanstalk will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.
Warranties provided by you
For all purposes, you warrant (confirm):
- Your identity (that is, you are who you say you are), and that you can prove your identity should Beanstalk require you to do so;
- That all information you provide at any time to Beanstalk using the Beanstalk website / app, in writing, or to a representative of Beanstalk telephonically, will in all respects be current, complete, and accurate;
- That you will provide to Beanstalk all material and relevant facts required by Beanstalk as may be appropriate to any dealings you have with Beanstalk. If you do not provide the information, or provide information that is incorrect, Beanstalk may, at its choice, cancel the agreement or transaction arising from your dealings with Beanstalk.
Beanstalk reserves the right to:
- Refer any breach to the police if such breach constitutes a crime;
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.