Burstone Service Terms of Use
Information About Us
South Africa
We are Burstone Limited, registered in South Africa. Our registered address is 4 Sandown Valley Crescent, Sandown, Sandton, 2196, South Africa. Burstone Group Limited, a company incorporated in South Africa. 2008/011366/06
United Kingdom
We are Burstone UK Holdco Limited and Burston UK Limited, each company being registered in England and Wales at Companies House. The registered office of Burstone Holdco Limited and Burstone UK Limited is 3rd floor, 12 Little Portland Street, London W1W 8BJ.
Luxembourg
We are Burstone Luxembourg S.à r.l. and we are registered with the Luxembourg Registre de Commerce et des Sociétés under RCS number B 251840 and our registered office is located at 1, rue Hildegard von Bingen, L-1282 Luxembourg.
Service Terms of Use
About these Terms
Burstone Service Terms of Use is a contract between You and Burstone and govern Your use of this Service. You may not use the Service unless You agree to abide by these Terms so it is very important that You read these Terms and any other documents referred to in these Terms very carefully. You will signify Your agreement with these Terms and to be bound by them if you do either of the following:
By using the Service in any way, in which case You understand and agree that Burstone will treat Your Service use as acceptance of these Terms from the moment You first begin to access the Service; or
Click to accept or agree to these Terms where Burstone offers an option to do so available to You.
If You do not agree with any provision contained in these Terms, please do not use the Service in any way.
Important Provisions in These Terms
These Terms contain provisions which limit Our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these terms of use. You can find these provisions in the Liability section below.
The Content available through the Service and the Service itself are made available to you for limited uses. In the Service Use section below, We explain which uses of the Service and the Content made available on or through the Service are appropriate and which are not.
It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by these provisions.
Legal Age and Capacity
You may not use the Service and may not accept these Terms if You -
lack the legal capacity to enter into a binding contract with Burstone.
are a person who is not permitted to access or use this Service under the laws of the country in which You are resident or from which You access this Service; and/or
require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.
By using the Service and/or the Content You represent and warrant that You are of full legal age or are emancipated or have Your guardian’s consent to enter into a contract being these Terms.
Changes to these Terms
Burstone may, in its sole discretion, amend these Terms at any time, in any way. Burstone will give notice of and publish the amended Terms through the Service. The amendments will come into effect on the basis specified in the notice Burstone gives of the proposed amendments.
It is Your responsibility to review these Terms regularly and to ensure that You agree with any amendments to these Terms. If You do not agree with any amendments to these Terms, You may no longer use the Service.
Service Use
Notwithstanding the subject matter of the Content provided through the Service, Your reliance on the Content for any purpose whatsoever and to any extent must be on the basis set out in these Terms.
Not an offer
Burstone presents the Content through the Service for informational purposes only. The Service does not cater for any particular User's investment objectives, financial situation, or means.
The Content is specifically not to be construed as –
a recommendation; or
an offer to buy or sell; or
the solicitation of an offer to buy or sell any Value-Added Services, security, financial product, or instrument; or
to participate in any particular trading strategy in any jurisdiction either at all or in which such an offer or solicitation or trading strategy would be illegal.
The Service may include references to certain transactions, including those involving futures, options, and high-yield securities, which tend to give rise to substantial risk and are not appropriate for all Users. Although the Content is based upon information that Burstone considers reliable and which Burstone endeavours to keep current, Burstone does not represent that Content is accurate, current, or complete and it should not be relied upon as such.
Not advice
Burstone has not determined that the Content is suitable for any particular purpose and/or User whatsoever, other than as a general reference and has not necessarily disclosed all risks relating to the Content or its subject matter.
The fact that Burstone has made the Content available to You is neither a recommendation that You enter into a particular transaction or a representation that the Service or any part thereof is suitable or appropriate for You.
Any discussion of the risks associated with the Content, particularly with respect to the Service should not be considered to be a disclosure of all risks or complete discussion of such risks.
You should not rely on the Content for professional advice (including, but not limited to business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice) or as a basis for any investment, transactional or similar decisions you make or which are made on Your behalf without first consulting with Your preferred professional or business advisor (who may include Your attorney, tax, accounting and investment advisors).
Changes to the Service
Burstone may, in its sole discretion, add new features, where features may or may not include Value Added Services and modify or even discontinue existing features, including discontinuing such Value-Added Services, without notice to You.
In addition, the Service may include technical, typographical or other inaccuracies and You are urged to contact Burstone to confirm all information contained through the Service before placing any reliance on it. Changes are periodically made to the information through the Service and these changes will be incorporated in new editions of this Service. Burstone may alter or amend any criteria or information set out in this Service without notice.
Burstone's Content License
Burstone grants you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use Burstone’s Content either on or through the Service through a generally available web browser, mobile device or application. This licence is for the sole purpose of enabling You to use the Service and Burstone’s Content on the Service in the manner permitted by these Terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without Burstone’s express written consent. In the event that Burstone revokes this license, you may no longer use the Service or make any use of Burstone’s Content.
Unless Burstone has given You specific written permission to do so, You may not transfer, through an assignment of rights, sub-licence or otherwise, Your rights to use the Content or the Service or otherwise transfer any part of Your rights to use the Content or the Service.
You may copy, reproduce, distribute, transmit, display, broadcast or publish any Content if expressly permitted (such permission to be interpreted in its most restrictive sense) , provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to the Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You are further required, as a condition of this Content license, to attribute Burstone as the Content’s source by publishing the page on the Service from which You obtained the Content together with any publication of the Content as permitted by these Terms.
You acknowledge that you do not acquire any ownership rights or rights to use the Content except where explicitly permitted to do so.
Your Conduct
You agree to comply with all local laws, rules and regulations which govern Your use of the Service as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent Your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Service.
submit any person’s personal information to the Service without that person’s informed consent to do so.
gather or attempt to collect personal information about third parties without their knowledge or consent for commercial, political, charity or similar purposes.
violate the privacy of any person or attempt to gain unauthorised access to the Service or any other network, including (without being limited to) through hacking, password mining or any other means.
use the Service to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights.
copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Service’s source code or any part thereof, unless this is expressly permitted or required by law, or unless Burstone have specifically told You that You may do so, in writing.
use the Service in any manner which could damage, impair, overburden or disable the Service or interfere with any other User’s Service use.
use the Service to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended.
use the Service to make fraudulent offers to sell or buy products, items or Services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters”.
use the Service in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others; and/or
otherwise use the Service to engage in any illegal or unlawful activity.
Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then Burstone shall be entitled, without prejudice to any other rights, to:
without notice, suspend or terminate Your Service use.
hold You liable for any costs Burstone incurs as a result of Your misconduct; and/or
notwithstanding Burstone’s privacy policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by Your actions.
Your Privacy
Personal information which you provide to Burstone may be used:
To provide products or services you have requested.
To respond to and follow up on your inquiries or complaints.
To update any records held about you.
To improve or detect any unlawful activities.
To evaluate the effectiveness of Burstone’s marketing and for the purposes of research and statistical analysis in order to improve Burstone’s products and services.
To meet a legal or regulatory obligation.
Burstone will not share your personal information with third parties unless:
Burstone has your consent to do so for the purpose of providing a product or service.
The disclosure is required to meet a local or international regulatory or tax authority requirement.
The disclosure is required to meet a legal or regulatory obligation.
For more detail on how your information will be used and Burstone’s data protection practices, please read Burstone’s Privacy Policy.
By using the Service, you agree to your information being processed in accordance with Burstone’s Privacy Policy.
Information Transmitted on the Internet
Information transmitted through Electronic Communications may be susceptible to monitoring and interception and you bear the risk of such submissions, and you waive any claims you may have for any Losses you may suffer as a result of information transmitted to Burstone and which may be monitored and/or intercepted. Burstone reserves the right to request independent verification of any information transmitted to it using Electronic Communications.
Please be aware that any unsolicited confidential or proprietary information sent to Burstone using Electronic Communications cannot be guaranteed to remain confidential. If you need to send such information to Burstone and are concerned about the security of this information, please contact Burstone and we will advise you of the most appropriate transmission method.
Governing Law and Jurisdiction
You irrevocably agree that the law of the Republic of South Africa shall govern Your use of this Service and these Terms.
You further consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of Your use of the Service and these Terms.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Termination
The Terms will continue to apply until either You or Burstone terminates these Terms or your access to the Service, or both, on one or more of the grounds set out below.
You may terminate these Terms at any time by deleting Your profile and ceasing Your use of the Service entirely.
Burstone may at any time, terminate its contract with You in the form of these Terms if:
You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms); or
Burstone is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or
Burstone’s Service provision is or becomes, in Burstone’s sole discretion, no longer commercially viable.
Those provisions of these Terms which are intended to survive termination of these Terms shall do so.
Liability
These Terms of use contain provisions which limit Burstone’s exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting Your rights in law and conferring obligations on You by virtue of Your agreement to these Terms.
It is therefore important that You familiarise Yourself with these provisions before You use the Service and that You not use the Service if You do not agree to abide by those provisions.
Disclaimers and Liability Limitation
Your use of and reliance through the Service is entirely at Your own risk. The Service is provided “As Is” and “As Available”.
Burstone disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Content published to the Service (or the Service itself, for that matter) is fit for any purpose other than as a reference work in respect of the Content provided on the Service.
While Burstone takes reasonable precautions in provision of the Service, You agree that neither Burstone nor Burstone’s Associates shall be liable in respect of any Losses however arising and whatever the cause, in particular pursuant to and in furtherance of this Agreement, Your access to the Service or from Your inability to access the Service.
Burstone will use reasonable endeavours to make the Service available to You and to keep the Service available to You at all times. However, You agree that Burstone shall not be liable in respect of any Losses caused by or arising from the unavailability of or any interruption to Your access to the Service (either in part or as a whole) for any reason whatsoever.
Indemnity
You hereby indemnify Burstone and Burstone’s Associates from any Losses due to or arising out of Your use of the Service or your breach of these Terms.
Third Party Sites
The Service contains Content that Burstone’s employees and selected industry experts create. Some of this Content may be directed to or appear on the Service using Third Party Services. Your use of those Third-Party Services may be subject to both these Terms (where appropriate) and the terms of use applicable to those Third Party Services. You agree that it remains Your obligation to familiarise Yourself with the Third Parties’ terms of use and to comply with both them and these Terms. In the event there is a conflict between these Terms and a Third Party’s terms of use, these Terms shall prevail for the purposes of Your Service use.
Links to and from the Service from and to Third Party Websites do not constitute Burstone’s endorsement of such linked Services or their contents nor does Burstone necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising Yourself with any terms of use which will govern Your relationship with such Third Party.
Burstone has no control over Third Party Websites and You agree that Burstone is not responsible or liable for any content, information, goods or services available on or through any such linked Services or for any Losses caused or alleged to be caused by or in connection with Your use of or reliance on any such content, information, goods or services available on or through any such Third-Party Websites. You agree that where You use Third Party Websites, You do so entirely at Your own risk.
Your interaction, correspondence or business dealings with Third Parties which are referred to or linked from or to the Service is similarly entirely at Your own risk and are solely between You and such Third Party including the acquisition, disposal, payment and delivery of any goods or services and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Rights Infringements
If You are of the view that Your rights have been infringed through unlawful Service use by Users or Third Parties, You may address a complaint to Burstone which satisfies the following requirements and/or sets out the following information:
the full names and address of the complainant.
the written or electronic signature of the complainant.
dentification of the right that has allegedly been infringed.
identification of the material or activity that is claimed to be the subject of unlawful activity.
the remedial action required to be taken by the service provider in respect of the complaint.
telephonic and electronic contact details, if any, of the complainant.
a statement that the complainant is acting in good faith.
a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Please address Your notifications to:
Burstone Group Legal Email: complaints@burstone.com
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Service and/or taking appropriate steps against the offending User.
Severability
Any provision in these Terms which is or may become illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not included in these Terms and severed from these Terms, without invalidating the remaining provisions of these Terms.
Documents and Notices
We choose the addresses specified on our Contact Us pages for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
Communications Monitoring
You agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the Service and/or to our staff and/or employees.
Burstone may implement systems designed to intercept and monitor your communications with Burstone and/or Burstone’s Associates, to the extent permissible by law in the course of the carrying on of business and for the purpose of monitoring or keeping records of direct and indirect communications.
You agree and acknowledge that the consent you provide above satisfies the requirement that such consent be in writing.
Miscellaneous
These terms of use constitute the whole agreement between You and Burstone relating to Your Service use.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and Burstone and You shall not hold yourself out as Burstone’s partner or agent or as being in a joint venture with Burstone.
Unless We require otherwise, electronic signatures, encryption and/or authentication are not required for Our Electronic Communications to be valid.
How to Interpret These Terms
These Terms contain a number of words and phrases which have specific meanings and most of which are capitalised. The Glossary, below, contains these words and phrases.
We also apply certain rules when interpreting these Terms and our Interpretation Guide, also below, sets out these rules below.
Interpretation Guide
In these Terms, headings are for convenience, and We don’t intend for them to be used to interpret the Terms.
If, in the Terms, We refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless We indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When We specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or statutory public holiday in the jurisdiction which governs these Terms, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or statutory public holiday. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with You.
Glossary
“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to as part of, or through Your use of, the Service.
“Electronic Communication” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf.
“Intellectual Property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which We own, license, use and/or hold (whether or not currently) in relation to the Website.
“Burstone” means the Burstone Group which comprises Burstone Limited (a limited liability company registered in accordance with the company laws of the Republic of South Africa), Burstone plc (a limited liability company registered in accordance with the company laws of England and Wales) and their subsidiaries and associated companies from time to time.
“Burstone’s Associates” means Burstone’s officers, servants, agents or contractors or other persons in respect of whose actions Burstone may be held to be vicariously liable.
“Know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Website, as well as all available information regarding marketing and promotion of the products and services described in these Terms, as well as all and any modifications or improvements to any of them;
“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).
“Our” refers to You and Us.
“Post” means to upload, publish, transmit, share or store.
“Service” means Burstone’s Content sharing service whereby Users may use Burstone’s Content on the Website or through other Content delivery platforms and mechanisms including, but not limited to, micro-sites, online social networks and mobile device applications, from time to time.
“Terms” means these terms of service, as amended from time to time.
“Third Party” means parties other than You and Burstone (“Third Parties” shall have a corresponding meaning).
“Third Party Websites” means websites other than the Website, and which are operated or controlled by Third Parties;
“Trademarks” means those trademarks Burstone owns (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same.
“use” when used in the context of -
the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website.
Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content.
“User” and “You” means, in the context of content or the Website, anyone who registers with and/or uses the Website (“Users” and “Your” have corresponding meanings).
“Value Added Services” means, from time to time, the facilitation by Burstone of the sale of mobile phone airtime and data bundles, and/or traffic fines, and/or electricity vouchers.
“We” means You and Burstone (“Us” bears a corresponding meaning).
“Website” means the website located at or accessed through https://www.burstone.com as well as other Burstone domains as may be available from time to time.