Links to Third-Party Websites
This website contains links to third-party websites, which are not under the control of Phidisano Finance (Pty) Ltd.. Phidisano Finance (Pty) Ltd. makes no representations whatsoever about any websites to which you may have access through this website. When you access a non-Phidisano Finance (Pty) Ltd. website, you do so at your own risk and Phidisano Finance (Pty) Ltd. is not responsible for the nature, quality, accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Phidisano Finance (Pty) Ltd. expressly disclaims any potential liability associated with any such information and such information is not incorporated by reference into this website. Phidisano Finance (Pty) Ltd. provides these links merely as a convenience, and the inclusion of such links does not imply that Phidisano Finance (Pty) Ltd. or its management endorses or accepts any responsibility for the content or uses of such websites. By clicking on any of the hyperlinks to third-party websites on this website, you acknowledge and agree to the foregoing limitations. You agree that you will not arrange for any third-party website to be connected to any part of this site by way of hyperlink or otherwise without our prior written consent, and if we grant such consent, then we reserve the right to withdraw such consent at any time in our discretion. You may not use any of our proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship by us without our express written consent, (ii) cause confusion, mistake, or deception, (iii) dilute our trademarks, service marks, or trade names, or (iv) otherwise breach applicable law.
Use of Website Materials
All content, data, ideas, comments, feedback, suggestions, expression of ideas, or other materials on this website including software, code, and accompanying documentation (any or all of the foregoing being “Materials”) are protected by copyright trade dress and other laws. Except as specifically permitted herein, no Materials on this website may be reproduced in any form or by any means without express prior written permission from Phidisano Finance (Pty) Ltd.. All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorised by us is expressly prohibited by law. Phidisano Finance (Pty) Ltd. does not guarantee continuous or secure access to this website and the operation of this website may be interfered with by numerous factors outside of its control. Phidisano Finance (Pty) Ltd. is not responsible for any loss or damage caused by the temporary interruption of this website due to faults or circumstances outside of its control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line, or any event of force majeure. You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any Phidisano Finance (Pty) Ltd. site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable laws, and we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Phidisano Finance (Pty) Ltd. provides any RSS feeds as a free service and for personal, non-commercial use only, and subject to these website terms. Phidisano Finance (Pty) Ltd. reserves the right to discontinue any such service at any time and further reserves the right to request the immediate cessation of any specific use of its RSS service.
Blogs, Bulletin Boards, Forums, Feedback, and other Content
Rules of Conduct for Forums
By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:
Is not consistent with the permissible uses set out in these website terms, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive, or otherwise objectionable; Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Phidisano Finance (Pty) Ltd. in its sole discretion; Contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware; Provides any non-public information about Phidisano Finance (Pty) Ltd. or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Phidisano Finance (Pty) Ltd. employees and Forum participants; Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking; Impersonates any person or entity, including a Phidisano Finance (Pty) Ltd. employee, or forges any TCP-IP packet header, e-mail header, or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers; Attacks or insults another Forum user or administrator/moderator; Violates any law, rule, or regulation.
Phidisano Finance (Pty) Ltd. expressly reserves the right to terminate a user’s access to a bulletin board at any time, for any reason. You remain solely responsible for the content of your messages, and you hereby indemnify, release, and hold harmless Phidisano Finance (Pty) Ltd. Entities with respect to any claims, damages, costs, losses, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Materials you submit, post, transmit, or make available on or through a Forum (including any private messages), the use of such Materials for any purpose, your use of a Form, your breach of these website terms, or the violation by you or the Phidisano Finance (Pty) Ltd. Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Phidisano Finance (Pty) Ltd., ALL INFORMATION, MATERIALS AND SOFTWARE ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. Phidisano Finance (Pty) Ltd. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, OR SOFTWARE WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO ANY OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL Phidisano Finance (Pty) Ltd. OR ANY Phidisano Finance (Pty) Ltd. ENTITIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, OR ANY OTHER LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, BUSINESS, OPPORTUNITY, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED IN THIS WEBSITE, AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. Phidisano Finance (Pty) Ltd. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME. This website can be accessed from other countries around the world and may contain references to Phidisano Finance (Pty) Ltd. products, services, and programs that have not been announced in your country. These references do not imply that Phidisano Finance (Pty) Ltd. intends to announce such products, services, or programs in your country.
Forward-Looking Statements Disclaimer
Certain statements contained on this website may now, or hereafter from time to time, constitute “forward-looking statements”. All statements other than statements of historical facts included on this website, including, without limitation, those regarding Phidisano Finance (Pty) Ltd.’ financial condition, business strategy, plans, and objectives, are forward-looking statements. These forward-looking statements can be identified by the use of forward-looking terminology, including the terms “believes,” “estimates,” “anticipates,” “expects,” “intends,” “may,” “will,” or “should” or, in each case, their negative or other variations or comparable terminology. Such forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the actual results, performance, or achievements of Phidisano Finance (Pty) Ltd., or industry results, to be materially different from any future results, performance, or achievements expressed or implied by such forward-looking statements. Such forward-looking statements are based on numerous assumptions regarding Phidisano Finance (Pty) Ltd.’ present and future business strategies and the environment in which it will operate in the future. Such risks, uncertainties and other factors include, among others: the level of expenditure committed to development and deployment applications by information technology organizations; the degree to which information technology organizations adopt Web-enabled services; the rate at which large organizations migrate applications from the mainframe environment; the continued use and necessity of the mainframe for business-critical applications; the degree of competition faced by Phidisano Finance (Pty) Ltd.; growth in the information technology services market, general economic and business conditions in any country in or with which Phidisano Finance (Pty) Ltd. conducts business; changes in technology, competition and ability to attract and retain personnel. Except as required by law, Phidisano Finance (Pty) Ltd. does not undertake any obligation to update or revise publicly any forward-looking statement, whether as a result of new information, future events, or otherwise. Phidisano Finance (Pty) Ltd. expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement contained herein to reflect any change in its expectations with regard thereto or any change in events, conditions, or circumstances on which any such statement is based.
Governing Law; Jurisdiction
This website (excluding linked sites) is controlled by Phidisano Finance (Pty) Ltd. from its offices within the Republic of South Africa. You and Phidisano Finance (Pty) Ltd. agree that these website terms and all matters relating to your access to or use of this website shall be governed by and construed in accordance with South African law, without regard to the conflicts of laws principles thereof. Phidisano Finance (Pty) Ltd. does not restrict your access to this website based on your geographic location and accordingly you access this website on your own initiative and you are responsible for compliance with all applicable local laws. You and Phidisano Finance (Pty) Ltd. agree, for the sole benefit of Phidisano Finance (Pty) Ltd., that all legal proceedings in connection with the enforcement, construction, interpretation, breach, or violation of these website terms shall be submitted to the exclusive jurisdiction of the courts of South Africa and that jurisdiction and venue are proper in such courts, provided that nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction.
The trademarks, logos, and service marks (“Marks”) displayed on this website are the property of Phidisano Finance (Pty) Ltd. or other third parties. You are not permitted to use the Marks without the prior written consent of Phidisano Finance (Pty) Ltd. or such third party which may own the Marks. “Phidisano Finance (Pty) Ltd.” and the Phidisano Finance (Pty) Ltd. logo are trademarks of Phidisano Finance (Pty) Ltd. IP Development Limited or its subsidiaries or affiliates. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.
This website may reference certifications earned by Phidisano Finance (Pty) Ltd. products as the result of formal testing procedures based on third party testing criteria, and may display associated certification logos. In no case shall any such certification claim or logo display be construed to confer any warranty of any kind from any third party. The Cisco Systems, Inc. Cisco Compatible logo signifies that Phidisano Finance (Pty) Ltd.’s product has undergone interoperability testing by Phidisano Finance (Pty) Ltd. together with Cisco and/or a third-party test-house based on testing criteria set by Cisco. Phidisano Finance (Pty) Ltd. is solely responsible for the support and warranty of its product, and Cisco makes no warranties, express or implied, with respect to that product or its interoperation with the listed Cisco product(s) and disclaims any implied warranties of merchantability, fitness for a particular use, or against infringement. Some Phidisano Finance (Pty) Ltd. products claim compliance to Federal Information Processing Standard (FIPS) 140-2 by using one or more cryptographic components from vendors such as Microsoft and the Open Source Software Institute. A complete list of FIPS-validated components is located at http://csrc.nist.gov/groups/STM/cmvp/validation.html. Windows FIPS-validated algorithms used in some products were tested when the FIPS mode bit was set. While the cryptographic components have valid certificates at the time of product release, it is the user’s responsibility to review the validated product list to confirm that the component is still on the list.