Rattlehub Digital (Pty) Ltd (“Rattlebub” or “we”) is a South African based company who holds legal ownership over the platform services offered on this website, which includes – without limitation: the Permyssion; Estate Console and Advisor Console service offerings (together the “Platform”). The Platform and its original content, features, and functionality are owned by Rattlehub and are protected by international Copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
“You”, “your” or “yourself” refers to you, the end-user of, our Software-as-a-Services Platform either as a Business Partner under a License Agreement; a Financial Advisor client of Rattlehub in terms of a Software-as-a-Service Agreement; or as an authorised client of the Financial Advisor client, as the case may be.
Your access/use/operation of this site (which, for the purpose of clarity, includes the Platform) or perusal thereof or use or application of any part thereof constitutes your irrevocable consent to these Terms and Conditions (“Terms”), to the exclusion of your own or any other terms and conditions whether pre-existing or subsequent hereto and irrespective of whether or not communicated to Rattlehub.
The latest or current version of these Terms governs the respective rights and obligations of the parties to this agreement every time you access this site and Rattlehub (or the website owner, which may inter alia include financial adviser clients as the case may be) reserves its right to amend these Terms as and when they may deem fit without notice. To the extent permitted by law, your continued use of the site will be deemed your conclusive acceptance of the updated Terms and Conditions. In the event of a conflict between these Terms and any Software-as-a-Service Agreement (if applicable) the Software-as-a-Service Agreement shall take preference.
If you do not agree to these Terms, please do not make use of this site.
2. Information on the site
The information and any content, together (“information”) accessible through this site is provided by Rattlehub as general information about Rattlehub and their product offerings and services. Rattlehub does not guarantee the suitability or value of any information. Any information on this website is provided “as is” and it does not constitute financial, tax, legal, investment, or other advice, whatsoever.
Nothing contained in any product offering, service or other content on this website is intended, nor meant as a solicitation, recommendation, endorsement or offer by Rattlehub, it should merely be deemed as an invitation to do business.
You are always encouraged to consult your financial adviser before relying on any information on this site. This site may contain views or opinions that are not necessarily those of Rattlehub.
Calculations displayed on this site are intended for your convenience and are intended to serve only as broad or directional guidelines. Should you wish to rely on any calculation, you are encouraged to check the calculations with a qualified expert before using them, as Rattlehub will not be liable for any inaccuracy in the calculation as may have been used or relied upon by yourself.
Rattlehub expressly disclaims any responsibility for loss or damage suffered by any person as a result of the improper use of any information contained on this site or resulting from interception of any third party of any information contained on this site. Moreover, Rattlehub is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt and gives no guarantee of any kind concerning the content on our Platforms.
Rattlehub, in addition expressly disclaims any responsibility for loss or damage suffered by any person, including yourself, resulting from interception of any third party of any information made available via this site.
3. Third Party Services
Rattlehub may use the services or systems of other organisations or third parties to provide information on this site. Rattlehub has no control over this information and make no representations or warranties of any nature whatsoever as to the accuracy, appropriateness or correctness of such information or accept any risk as to such information.
The site may also contain links to third party websites. These linked websites are not under the control of Rattlehub and, to the extent permitted by law, we accept no responsibility for or liability arising from access to, or the information provided on, any website, which is linked from the site, or any hyperlink contained in a linked website.
To the extent that this Site or the Platform utilize any third party applications, software, products or systems, Rattlehub does not license any intellectual property to you as part of any such third party software. You agree to assume all risk and liability arising from your use of said third party software and that Rattlehub is not responsible for any issues arising out of your use of them.
Product offerings and services offered by Rattlehub are subject to the completion and acceptance of the necessary application forms and other documentation relating thereto, as may be required, and are governed by the terms and conditions and applicable legislation in respect thereof.
Rattlehub reserves the right in it’s sole and unfettered discretion, to reject any application for product offerings and services contained on this site. You further acknowledge that, in the event of a conflict between the conditions applicable to particular product offerings and services offered on this site and the provisions of these Terms, the terms and conditions relating to specific product offerings and services will take precedence. To the extent that your use of the services on this site or of the Platform derive from your status as a client of Financial Advisor client of Rattlehub, you agree that you shall indemnify and hold Rattlehub harmless of any claim arising from your use of such services.
You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
1. copy or distribute any of the content accessible via the site/Platform;
2. use the site/Platform in any way that it was not designed for, unless Rattlehub has agreed thereto in advance;
3. alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the site/Platform;
4. alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the site/Platform;
5. infect the site/Platform with any software, malware or code that may infect, damage, delay or impede the operation of the service or which may intercept, alter or interfere with any data generated by or received through the site/platform;
6. allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms; and
7. allow IP or network scans, tracing or tracking services on the site/Platform.
5. Amendments to Terms
You acknowledge that Rattlehub may amend these Terms as and when needed in its sole and unfettered discretion. The revised version, when ready and available, will be posted on this site. You undertake to regularly check this site for any changes made since your last visit to this site. By using this site after changes have been made; you acknowledge that you have accepted those changes or amendments and that you are bound by the changed Terms as applicable and current at that point in time.
6. Electronic transactions, communications, records and instructions
If you subscribe to a Rattlehub product offering or service provided on this site, you must ensure that your information is true, accurate, correct and complete as prompted by the registration process for using the Rattlehub product offerings, service or transaction as it relates to the specific product offering or services.
Rattlehub shall be entitled to accept all instructions and transactions received from you as originating from you and to act on such instructions or transaction.
With regard to the conclusion of electronic transactions, Rattlehub will at all times and where applicable and reasonable comply with the terms of the Electronic Communications and Transactions Act 25 of 2002 (as amended).
When you communicate with Rattlehub by electronic communication provided or as may be directed on this site, you consent to receive responses to your communications by electronic communication addressed to you by Rattlehub.
You agree that all electronic agreements, notices, disclosures and other communications sent by Rattlehub to you satisfy any legal requirement that such communications should be in writing.
You accept the risks associated with and inherent in electronic communication in whatever form and consent to Rattlehub acting on the information communicated by you to us electronically. It is your responsibility to ensure that Rattlehub receives the information communicated by you electronically.
You acknowledge and consent that Rattlehub, in its sole and unfettered discretion, may retain and store your electronic communications as may be lawfully and reasonably required. Any email communication sent to you by us will be regarded, for this agreement, to have been received by you when it enters an information system outside of the control of Rattlehub. No email message shall be deemed received by Rattlehub until a response has been issued from Rattlehub. An automated response, from Rattlehub shall not satisfy this requirement.
No agreement shall come into existence or be concluded merely by sending a data message to this site or its owners. Valid agreements will require an acceptance of an offer by Rattlehub.
Where a financial adviser has logged onto the site’s on-line transactions by utilizing his access codes, such adviser warrants to Rattlehub that he/she is acting on the clear instruction of the client/s. Rattlehub’s records of the financial adviser’s transactions will be proof of any instruction received from the financial adviser unless the financial adviser can prove otherwise. The financial adviser is under an obligation to provide the correct information and instructions when registering for and transacting through the site’s on-line transactions. The financial adviser indemnifies and holds Rattlehub harmless against any loss or damage to the client caused by an erroneous instruction received from the financial adviser.
Rattlehub will further not be liable for payments made by the adviser to unintended recipients due to the input of incorrect information by the financial adviser, nor shall Rattlehub be responsible for the verification of the identity of recipients. All transactions will be subject to the same turnaround times stipulated in the terms and conditions applicable to the relevant specific product offering or service.
To prevent the duplicate execution of an instruction, all instructions will only be deemed as received by Rattlebub once Rattlehub has confirmed receipt either via e-mail or SMS sent by Rattlehub to the e-mail address or telephone number nominated by the financial adviser for this purpose. Should the financial adviser be unsure as to whether a transaction has been processed, he/she should contact Rattlehub before re-submitting the instruction.
Rattlehub’s information in terms of Section 43 of the Electronic Communication and Transactions Act No. 25 of 2002
• Site owner: Rattlehub Digital (Pty) Ltd
• Legal status: Rattlehub Digital is a private company, duly incorporated in South Africa in accordance with the applicable legislation;
• Rattlehub Digital: Registration No: 2015/032953/07;
• Description of main business of Rattlehub Digital: Technology and related.
• E-mail address: email@example.com;
• Website addresses: www.rattlehub.com;
• Physical Address: Unit 4 Block D; Southdowns Office Park; 22 Karee Road; Southdowns; Gauteng; 0123;
• Postal Address: PO BOX 147; Southdowns; Gauteng; 0123;
• Registered Address: Unit 4 Block D; Southdowns Office Park; 22 Karee Road; Southdowns; Gauteng; 0123.
7. User ID and password
If you subscribe to a product offering or service provided on this site, you will be required to choose a User ID (an identifying name) and a password, as Rattlehub may determine from time to time.
Each time you access this site to logon for purposes of transacting, you will be required to enter your User ID and password when so prompted.
You are entirely responsible for maintaining the confidentiality of your password and user ID, monitoring and being aware of all the activities conducted on the product offerings and services you have contractually selected. You must notify Rattlehub immediately should you suspect or become aware of any unauthorised use of your user ID and password, either with or without your knowledge.
You are required to log off from this site once you have completed performing a transaction. Failure to log off after that, which results in an authorised transaction or a fraudulent activity on this site under your online profile, shall be for your own risk. Where a financial adviser submits instructions via the site’s on-line transactions portal, the financial adviser is required to log off once having finished using the on-line transactions to prevent unauthorised usage, for which Rattlehub shall bear no liability
You are required to use and maintain hardware and software of sufficient quality and performance capability to run any software as may be required by the Platform and/or website. Your failure to do so may result in a higher security risk and cause some or all of the functionality of this site not to operate properly or at all. Software, if any, made available for download on or via the Rattlehub site is governed by license conditions that establish a legal relationship with the licensor. You indemnify Rattlehub against any and all damage or loss arising from any breach by you 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.
No warranty, whether express or implied, is given that any files, downloads or applications available via this site are free of viruses, bombs, time-locks or any other data or code that can corrupt or affect the operation of your computer, database, network or another information system.
9. Permission for hyperlinks
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the terms we specify from time to time. Breach of these terms entitles us to take legal action without prior notice to you, and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
10. Intellectual property
This site may contain information proprietary to Rattlehub and may not be reproduced or disseminated in whole or in part without Rattlehub’s written approval. Rattlehub retains all copyright and other intellectual property rights in all material, including logos, and other graphics and multimedia works published on or via this site. Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission and that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any purposes whatsoever.
Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on this site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
11. Transmission of information
Given the inherent risk with transferring information via the Internet, we do not have the ability to prevent unlawful activities by anyone or more, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.
12. Termination, suspension and limitation
Rattlehub may modify, suspend or discontinue this site, whether temporarily or permanently, without notice. We may also impose limits or terms on the right to certain product offerings, services, features or functions, and we may restrict access to parts of or all of the services on this site. If you commit any breach of these Terms or use the services or in any other manner interact with this site in an unlawful or unauthorised manner, Rattlehub shall be entitled to terminate your access to this site immediately without prior notice and without prejudice to Rattlehub’s other rights in terms of these Terms or at law.
We reserve the right to terminate your use or availability of Rattlehub on-line transactions at any time, for any reason whatsoever, on reasonable notice to You. Terminations in this regard will, however, not affect pending instructions received. Rattlehub will, however, terminate a financial adviser’s use of Rattlehub’s on-line transactions without any notice to such financial adviser, if:-
• Rattlehub believes that usage of the facility was inappropriate or constituted misconduct,
• A financial adviser has breached these Terms,
• A fraudulent transaction was conducted directly by a financial adviser or can be attributed to such financial adviser.
Rattlehub will not be liable for any damages, of any nature, suffered by the financial adviser or the client in the event of Rattlehub terminating the financial adviser’s access to Rattlehub’s on-line transactions.
13. No warranties or representations
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. Rattlehub does not warrant that the website’s/Platform’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components
The owner of this site, the authors and/or proprietors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including without limitation: data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages.
14. Disclaimer and exclusion of liability
Use of this site is entirely at your own risk. You assume full responsibility for the risk or loss (whether direct, indirect or consequential) resulting from your use of this site and/or Platform and your reliance on the material and information contained on it.
You agree to defend, indemnify, and hold harmless Rattlehub from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, or you and your end users’ access to, use, misuse or illegal use of the Platform and/or site. Rattlehub will provide you notice of any such claim, suit, or proceeding. Rattlehub reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Rattlehub’s defense of such matter.
Notwithstanding the above, nothing in these Terms does or purports to limit or exempt Rattlehub from liability for any loss directly or indirectly attributable to the gross negligence of Rattlehub or any person acting for or controlled by Rattlehub where the law does not permit this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not permit this.
15. Consumer Protection Act
If these Terms and/or any services provided under these Terms are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or reenacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these Terms contravenes any provision of the Consumer Protection Act and therefore all provisions of these T’s & C’s must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
16. Governing law
These Terms will be governed and construed by the laws of the Republic of South Africa without reference to any conflict of law provisions.
17. Capacity to be bound by these Terms
You confirm that you have the required legal and contractual capacity to enter into and be bound by contractual terms. If you are unsure whether you have the legal capacity to enter into agreements, you must contact someone able to provide you with this information before you continue using this site.
No failure or delay by Rattlehub to exercise any of our rights under law or in terms of these Terms will be interpreted as a waiver of any such right, whether it is done expressly or implied, nor will it affect the validity of any part of these Terms or prejudice our rights to take subsequent action against you.
If any provision of these Terms is held to be invalid, unlawful or unenforceable for whatsoever reason, the relevant provision will be deleted from the Terms and all remaining provisions will continue to be valid to the full extent permitted by law.
Rattlehub shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms to any third party without notice to you.
© Rattlehub Digital 2018