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TERMS
AND CONDITIONS
1.
SERVICES
1.1 EagleTraders.com undertake to provide the members/subscribers
with information contained on web site www.eagletraders.com.
1.2 This agreement shall come into effect when a user registers
as a member on the EagleTraders.com web site and shall continue
to be effective indefinitely until terminated by EagleTraders.com
in terms of Clause 6 or for any other reason.
2.
COSTS
2.1 MEMBERSHIP SUBSCRIPTION FEE
2.1.1 The annual membership subscription fee is R550
(South African Rand) (approximately US$75) for
registration. In the event of special promotions, the revised
membership fee will be displayed on the web site.
2.1.2 Refunds will only be given at the discretion of EagleTraders.com
management.
2.1.3 The annual subscription fee will be automatically
debited against the credit card number provided by a member
during the initial registration. Continued membership is
subject to an annual renewal.
2.1.4 Members will be notified of each subsequent debit
transaction by e-mail two weeks prior to each debit run.
Members must reply to this email if they wish not to renew
their annual membership. An acknowledgment of the receipt of such an e-mail
by EagleTraders.com will
be sent to a member by return e-mail as proof that the cancellation
message was received. No credit card transaction
will be effected.
2.2
REFERRAL FEES
2.2.1 Existing members have the opportunity to earn referral
fees. For each successful referral, an amount of $5
will be paid out to the referrer. Referral payments will
be made to your credit card during the months of January,
May and September for all referrals older than 6 months.
2.2.2 A referrer needs to be a paid up member in order to
receive referral fees.
2.2.3 A new member cannot refer himself during the registration
process.
2.3
VALUE-ADDED TAX
2.3.1 Value-added tax at the rate of 14% is included in
the membership fees for South African residents.
2.3.2 VAT is not payable on international orders.
3.
PAYMENT AND SUBSCRIPTION METHOD
3.1 Credit
card payments.
3.1.1 Credit card payment is effected on-line through the
secure "Virtual Card System" and the following credit cards
are accepted: Visa and MasterCard.
3.1.2 Alternative payment options exist and membership will
only be activated once the money has been cleared by our
bank.
3.1.3 Kindly note that in order to protect its own interests
and those of its customers, EagleTraders.com and "Virtual
Card Services"
scrutinizes all transactions very carefully to prevent attempted
fraud. A transaction may be refused if EagleTraders.com
doubts the legitimacy of any transaction.
4.
AGREEMENTS OF SALE
4.1
An agreement of sale between EagleTraders.com and a user
shall come into effect only if and when the issuing bank
has granted a credit card authorisation.
5.
GOVERNING LAW
5.1
This site is controlled and operated from the Republic of
South Africa and is thus governed by South African law.
6.
COPYRIGHT
6.1
Copyright 2005 © Integro Internet Solutions (Pty) Ltd,
Suite 665, Private Bag X4, Menlo Park, 0102, Republic of South Africa.
All rights not expressly granted are reserved. To obtain
permission for the commercial use of any content on this
site, contact: The General Manager at
info@eagletraders.com .
6.2 Users may download, view and print content from this
site for private and non-commercial purposes only.
6.3 All moral rights of EagleTraders.com and its employees/agents
are reserved.
6.4 EagleTraders.com cannot screen or edit all the content
available from the EagleTraders.com site and does not accept
any liability for illegal or defamatory content. Users are
encouraged to inform EagleTraders.com of any content that
may be illegal.
6.5 You are advised to confirm any information with your
financial and legal advisor, to confirm that the information
is in line with the laws of your country, before acting
on any information.
7.
DISCLAIMER
7.1
Apart from the provisions of sections 43(5) and 43(6) of
the Electronic Communications and Transactions Act (South
Africa), neither EagleTraders.com nor any of its agents
or representatives shall be liable for any damage, loss
or liability of whatsoever nature arising from the use,
or inability to use, this web site or the services or content
provided from and through this web site. Furthermore, EagleTraders.com
makes no representations or warranties, implied or otherwise,
that, amongst others, the content and technology available
from this web site are free from errors or omissions or
that the service will be 100% uninterrupted and error-free.
Users are encouraged to report all possible malfunctions
and errors to the person referred to in Clause 6 above.
7.2
This web site is supplied on an "as is" basis
and has not been compiled or supplied to meet the user's
individual requirements. It is the sole responsibility of
the user to satisfy itself, prior to entering into this
agreement with EagleTraders.com, that the service available
from and through this web site will meet the user's individual
requirements and be compatible with the user's hardware
and / or software.
7.3 Information, ideas and opinions expressed on this site
should not be regarded as professional advice or the official
opinion of EagleTraders.com. Users are encouraged to obtain
professional advice before taking any course of action related
to information, ideas or opinions expressed on this site.
7.4 Neither EagleTraders.com nor any of its agents or representatives
shall be liable for any damage, loss or liability of whatsoever
nature arising from the use, or inability to use, any product
sold or information presented on this web site.
8.
PRIVACY
8.1
This site collects private information from its users. Such
information shall not be disclosed to any third party unless
agreed upon between the user and EagleTraders.com or as
a result of due legal process. Users agree that EagleTraders.com
and their partner companies may, from time to time, communicate
with its users.
8.2 This site may utilise cookies in order to customise
the site and to render the site more user-friendly. Cookies
are standard practice in the computer industry and pose
no threat to the functioning of computers.
8.3 From time to time members will receive newsletters to
keep them informed on matters relating to the web site.
9.
SECURITY
9.1
Any person who submits or attempts to submit any damaging
code to this web site or attempts to gain unauthorised access
to any page on this web site shall be prosecuted, and civil
damages shall be claimed in the event that EagleTraders.com
suffers any damages or loss.
9.2 The user agrees and warrants that its log-in name and
password shall:
9.2.1 be used for personal use only; and shall
9.2.2 not be disclosed to any third party.
9.3 The user permits EagleTraders.com to take all reasonable
steps to ensure the integrity and security of the EagleTraders.com
site and of back-office applications.
9.4 EagleTraders.com reserved the right to change individual
member's passwords at any time and notify them through email
of such changes.
10.
AMENDMENTS TO AGREEMENT
10.1
EagleTraders.com may, in its sole discretion, amend this
agreement or any part thereof at any time without prior
notification.
11.
INTELLECTUAL PROPERTY RIGHTS
11.1
All the content and data on this web site including, but
not limited to, software, databases, text, graphics, hyperlinks,
private information, designs and agreements are the property
of or licensed to EagleTraders.com and, as such, are protected
from infringement by local and international legislation
and treaties.
12.
ELECTRONIC COMMUNICATIONS
12.1
When a user visits EagleTraders.com or sends e-mails to
EagleTraders.com, such a user consents to receiving communications
from EagleTraders.com electronically and agrees that all
agreements, notices, disclosures and other communications
sent by EagleTraders.com satisfies any legal requirements
including, but not limited to, the requirement that such
communications should be "in writing".
13.
HYPERLINKS
13.1
No person, business or web site may link to any page on
this site without the prior written permission of EagleTraders.com.
Such permission may be obtained from the person referred
to in clause 6 hereof. This clause does not apply to parties
that have entered into e-trader agreements with EagleTraders.com.
13.2 Hyperlinks, provided on this site to non-EagleTraders.com
sites, are provided as is, and EagleTraders.com does not
necessarily agree with, edit or sponsor the content on such
web pages.
14.
FRAMING
14.1
No person, business or web site may frame this site or any
of the pages on this site in any way whatsoever.
15.
SPIDERS AND CRAWLERS
15.1
No person, business or web site may use any technology to
search and gain any information from this site without the
prior written permission of EagleTraders.com. Such permission
may be obtained from the person referred to in Clause 6
above.
16.
DISPUTES
16.1
In the event of any dispute of any nature whatsoever arising
between the parties on any matter provided for in, or arising
from, this membership agreement, and should such a dispute not be resolved
through the Customer Relations Department of EagleTraders.com,
then such a dispute shall be submitted to Trust Online (Pty)
Ltd for mediation and/or arbitration. Any dispute referred
to Trust Online (Pty) Ltd shall be conducted in accordance
with the standard terms and conditions, the General Mediation
Rules and the General Arbitration Rules. These rules can be
viewed at http://www.trustonline.co.za/rules/mediation and
http://www.trustonline.co.za/rules/arbitration.
17
DOMICILIUM
17.1 For all purposes under this agreement, whether in respect
of court process, notice or other documents or communication
of whatsoever nature, EagleTraders.com chooses the following
domicilium citandi et executandi: Suite 665, Private Bag
X4, Menlo Park, 0102, Pretoria, South Africa.
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