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1. Neither RecessionALERT nor any of their employees are:
1.1. Authorised financial services providers, representatives or intermediaries, or render financial services in respect of financial products as those terms are defined in the Financial Advisory and Intermediary Services Act, 2002 (“the FAIS Act”);
1.2. Authorised users or stockbrokers, or render securities services in respect of securities as those terms are defined in the Securities Services Act, 2004 (“the SS Act”);
2. RecessionALERT and their employees do not warrant, represent or otherwise guarantee, expressly, impliedly or tacitly that the use of any product sold or service provided by them would result in any particular outcome, and especially profits or returns, such products and services merely serving as general guidance and the provision of data and information which I may, or may not use in the making of investments of any nature whatsoever, including but not limited to investments in or the purchase and/or sale of financial products as defined in the FAIS Act or securities as defined in the SS Act;
3. Neither RecessionALERT nor any of their employees (jointly or severally) shall be liable unto me or any third party for any damages or other loss I or any third party may suffer, be it direct, indirect, special, consequential or punitive as a result of my/the third party’s use of any product sold or service rendered by them, or the failure or unavailability at any time of such products and services, hereby admitting that any decision made by me or any third party to invest in any financial product or securities (as defined) shall be my/the third party’s own decision, and that any such investment is inherently risky and may result in loss or damages to me/the third party, hereby in any case waiving any such claim for damages or loss I may have or acquire against RecessionALERT or any third party, and I fully understanding the nature and consequences of such waiver, and hereby indemnify and hold all parties harmless in relation to any such claim.
4. The information contained within www.recessionalert.com are not to be construed as advice in terms of the Financial Advisory and Intermediary Services Act of 2002. (Please consult your financial adviser should you require advice of a financial nature and/or intermediary services.)
5. Whilst long historical trends may statistically support certain assumptions about the future, remember that past performance is no guarantee of future returns. RecessionALERT aim to provide me with strategies that statistically stack the odds in my favour and lower my risks, but I fully understand that risks cannot be eliminated entirely.
6. There are many reasons why I may not be able to achieve similar returns to RecessionALERT’ strategies and model portfolios, including, but not limited to, bid/ask spreads, commissions, liquidity of shares being bought or sold and favourable intra-day timing as well as my commission rate on trades.
7. RecessionALERT offer no guarantee to the accuracy of data and calculations used.
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10. If I sign up for a private investor membership I am not permitted to use or share the information provided by RecessionALERT or its partners in the process of managing funds or investments on behalf of others or for offering investment advice to others. That is in violation of the contract. I understand that a professional subscription is needed for this.
11. RecessionALERT reserve the right to modify and/or improve any of their service offerings over time.
12. Whilst RecessionALERT provide email alerts for certain major categories of alerts, I accept that RecessionALERT cannot be held liable or responsible for the timely arrival of these alerts or any other alert services.
13. RecessionALERT reserve the right, with one month’s notice, to impose the going published tariff rate for the service. RecessionALERT have no obligation to honour my lapsed contracts pricing. I fully understand that right of admission for membership is reserved. Past membership is neither a guarantee nor right for future membership to RecessionALERT services.
14. I understand that should I wish to transfer or sell my membership to another entity even if the entity is a family member, that the entity would be required to agree to these terms and conditions, as well as be approved by RecessionALERT to affect the transfer.
In respect to these Terms and Conditions, RecessionALERT reserve the right to update it, so as to adapt to the changing legal environment. The decision to act upon this right is at RecessionALERT’ sole discretion and where RecessionALERT chooses to do so, a message to this effect will be placed in a prominent position on the Website.
The validity, application and interpretation of these terms and conditions will be governed by the laws of the Republic of South Africa. If any claim or dispute arises in relation to this agreement, the parties agree to submit to the exclusive jurisdiction of the South African courts, save that either party may, at its sole option prior to the commencement of litigation, refer such claim or dispute to arbitration in South Africa before a single arbitrator. The arbitrator shall be appointed on the application of either party to the Chairman of the South Africa Law Association. The arbitrator’s award shall be final and binding on both parties. The venue for such Arbitration shall be Cape Town. Furthermore, the parties agree that as a first measure, an application made to a South African court, will be confined to a court located in the Cape of Good Hope Provincial Division.
15.1. In these terms and conditions, unless a contrary intention clearly appears:
15.1.1. words importing any one gender include the other two genders;
15.1.2. words importing the singular include the plural and vice versa; and
15.1.3. reference to natural persons include juristic persons (which includes trusts) and vice versa;
15.2. No agreement varying, adding to, deleting from, cancelling or waiving any right in connection with these terms and conditions contained in the Website which were accepted by the User any/or any application form completed by the User and accepted by RecessionALERT shall be effective unless reduced to writing and signed by or on behalf of the parties.
15.3. Each and every clause and sub-clause in this agreement shall be severable from the other clauses in this agreement and in the event of any clause or sub-clause being held invalid by any competent court for any reason same shall not affect the validity of the remaining clauses or sub-clauses.
15.4. The rule of interpretation which construes the interpretation of these Terms and Conditions against the party who prepared it shall not be applicable.
15.5. Where figures are referred to in numerals and in words, if there is any conflict between the two, the numerals shall prevail.
16. DOMICILIUM ADDRESS
16.1. The parties choose as their domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including but not limited to the exercise of any option and/or right of first refusal set out in this agreement), the following addresses:
16.2. RecessionALERT at the physical address stipulated in the Website as being the physical address of recessionalert.com.
16.3. The User at such physical and/or postal address as the User supplies to RecessionALERT and recessionalert.com when making application for and/or when purchasing; subscribing for; using or enrolling for a Web Based Product.
16.4. Any notice or communications required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax or by digitally signed emailed documentation.
16.5. Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-a-vis that party to another physical address or its telefax number: Provided that the change shall become effective vis-a-vis that addressee on the fifth working day from the deemed receipt of the notice by the addressee.
16.6. Any document:
16.6.1. sent by prepaid registered post in a correctly addressed envelope to any party at its domicilium citandi et executandi shall be deemed to have been received on the fourth working day after posting (unless the contrary is proved);
16.6.2. delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
16.6.3. sent by telefax to its chosen telefax number shall be deemed to have been received on the date of dispatch (unless the contrary is proved);
16.6.4. sent by email, to its chosen email address shall be deemed to have been received on the date of dispatch (unless the contrary is proved).
16.7. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
17.1. Should either party hereto be in breach of this agreement and should such party remain in breach 7 days after having received written notice from the other party (“the Aggrieved Party”) then the Aggrieved Party shall be entitled, without prejudice to any other remedy in law which such party may have, to terminate this agreement on written notice to the defaulting party.
17.2. A cancellation in terms of clause 17.1 above shall pertain to the contract between RecessionALERT and a User with respect to that and/or those Web Based Products to which the breach pertains.
17.3. Without prejudice to, and in addition to, clause above, RecessionALERT shall be entitled, in its sole discretion, to immediately suspend a User’s use of a Web Based Product in the event of the User falling into default with respect to any payment due for the Web Based Product in question and to maintain such suspension until the User pays up all amounts due to RecessionALERT.
Please note that Annual subscriptions require a one-year commitment and full payment upfront. Cancellation prior to the end of the subscription period will not be entitled to a prorated refund of any payments.
We reserve the right to change these terms and conditions with adequate (1 month) notice. Should the subscriber not wish to accept the new terms and conditions, pro-rata refund of subscription will apply.