1.1 These terms and conditions of use (“Terms“) govern your access to and use of the website, digital services, content, and any related applications or platforms (collectively the “Website“) of Lionhead Advisors, a private company incorporated in the Republic of South Africa, together with its affiliates and related entities (“Lionhead“, “we“, “us“, or “our“). By accessing or using the Website, you agree to be bound by these Terms and all applicable laws, regulations, and policies. You may access the Website only if you are legally permitted to do so in your jurisdiction. You are responsible for ensuring that your access to and use of the Website complies with all applicable laws and regulations in the jurisdiction from which you access the Website. Lionhead accepts no responsibility for any access to or use of the Website that contravenes applicable law.
1.2 The content provided on this Website is intended for informational purposes only. Nothing on this Website constitutes investment advice, financial advice, legal advice, or a solicitation to buy or sell securities or other financial products or services. All investment decisions should be made based on independent professional advice and your own due diligence. Lionhead does not guarantee the accuracy, completeness, or usefulness of any content on the Website. Use of the Website does not create, and shall not be deemed to create, any client relationship, advisory relationship, fiduciary duty, mandate, or agency relationship between you and Lionhead.
1.3 Access to and use of this Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. We may also impose limits on certain features or restrict access to portions of the Website without liability. Lionhead shall not be liable for any unavailability of the Website arising from maintenance, system failure, telecommunications failure, third-party service interruptions, force majeure events, or any other cause beyond its reasonable control.
1.4 You agree that you will not use the Website for any unlawful purpose or in a manner that could damage, disable, overburden, or impair the operation of the Website or interfere with other users’ access. You will not attempt to gain unauthorised access to any part of the Website, servers, systems, or networks connected to the Website, nor introduce viruses, malware, or other harmful code, nor attempt to circumvent any security or authentication measures.
1.5 All intellectual property rights in the Website, including trade marks, text, graphics, logos, service marks, trade names, and software, are the property of Lionhead or its licensors. You may view and download content for personal, non-commercial use only. Any other use, reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited without Lionhead’s prior written consent.
1.6 The Website may contain links to third-party websites or resources. Such links are provided for convenience only. Lionhead is not responsible for the availability, content, privacy practices, or policies of such external sites. Links do not imply endorsement of any third-party content.
1.7 To the maximum extent permitted by applicable law, Lionhead and its affiliates, and their respective directors, officers, employees, agents, suppliers, and licensors, will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your access to or use of the Website. Without limiting the foregoing, everything on the Website is provided “as is” and “as available”, with no warranties of any kind, whether express or implied. Lionhead makes no representations or warranties regarding the reliability, timeliness, quality, or suitability of the content.
1.8 To the extent permitted by applicable law and subject to any non-waivable statutory rights, Lionhead’s total liability arising out of or in connection with these Terms or your use of the Website shall not exceed the fees paid by you to access the Website, if any, or a nominal monetary amount determined by the applicable law.
1.9 You agree to indemnify and hold harmless Lionhead and its affiliates, and their respective directors, officers, employees, and agents, from and against any losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your unlawful use of the Website, your submission of unauthorised or unlawful content or information, or any claim brought by a third party arising from your conduct.
1.10 These Terms are governed by the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the competent courts in South Africa for any disputes arising out of or in connection with these Terms and your use of the Website.
1.11 If any provision of these Terms is held by a court or other competent authority to be invalid or unenforceable, that provision will be severed and the remaining provisions shall remain in force. Lionhead’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
1.12 Without limiting any other disclaimer in these Terms, Lionhead does not warrant that the Website will be secure, uninterrupted, error-free, or free from viruses, malware, harmful code, or other technologically harmful material. You are responsible for implementing appropriate safeguards to protect your systems, data, and devices when accessing the Website. Lionhead shall not be liable for any loss or damage arising from cyber incidents, system failures, or unauthorised access affecting the Website.
1.13 Lionhead may assign, transfer, or novate its rights and obligations under these Terms to any affiliate or in connection with any corporate restructuring, merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without Lionhead’s prior written consent.
1.14 Lionhead reserves the right, at its sole discretion and without notice, to suspend, restrict, or terminate your access to all or any part of the Website at any time, including where Lionhead reasonably believes that you have breached these Terms, applicable law, or regulatory requirements, or where continued access may expose Lionhead to legal, regulatory, operational, or reputational risk. Lionhead shall not be liable to you for any loss arising from such suspension or termination.
1.15 Lionhead may revise these Terms from time to time. The revised Terms will be effective when posted on the Website and your continued use constitutes acceptance of those changes. It is your responsibility to review these Terms regularly.
1.16 These Terms constitute the entire agreement between you and Lionhead in relation to your access to and use of the Website and supersede all prior communications, representations, or understandings, whether written or oral, relating to such use. These Terms do not govern, amend, or replace any separate agreement entered into between you and Lionhead in relation to investment management, advisory services, or any other regulated services. If you have any questions regarding these Terms or the use of the Website, you may contact Lionhead through the contact details made available on the Website from time to time.