TERMS OF USE

Investor Portal

The general terms defined in this Terms of Use contain the core legal and commercial terms which govern your access and use of the Investor Portal, our online platform through which confidential information relating to your engagement and investment with Anuva Investments and/or Anuva Private Equity (“Anuva”, “us, “we”, “our”) are made available to you (referred to as “Platform”). 

By accessing or using the Platform, you agree to this Terms of Use. You should read this Terms of Use carefully before you use the Platform. 

Our Privacy Policy is incorporated by reference into these Terms and you are agreeing to accept and abide by our Privacy Policy upon agreeing to these Terms and by using our services. Please review the Privacy Policy as this describes how we collect and use your personal information.

• AGREEMENT TO TERMS

• • This Terms of Use, including our Privacy Policy and all other polices that may be posted on Anuva’s website, set out the terms on which we offer you access to use the Platform, and complementary products and services.  All of our policies are incorporated into these Terms of Use.  You agree to comply with all of our policies when you access the Platform. 

• • If you don’t agree to this Terms of Use, kindly refrain from accessing and using our Platform. If you are accessing and using our Platform on behalf of a company (such as your employer) or other legal entity which is our investor and client, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. References to “you” and “your” in these Terms herein shall refer to that company or other legal entity, our investor and/or client.   

• • If you do not have such authority, or if you do not agree with this Terms of Use, you must refrain from accessing and/or using the Platform. 

• • If you are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity which is our client, you represent and warrant that you have the authority to bind that company, employer or other legal entity to these terms.

• • You may not use the Platform for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

• • You specifically agree to abide by the Terms of Use and to refrain from any marketing activities which appear on clause 3 of this Terms of Use. Should you not agree to these terms, or any of our updates or changes thereto as dealt with below, you should not access or use the Platform, and complementary products and services, nor hold us liable thereto. 

• • You must not transmit any viruses or any code of a destructive nature. 

• • A breach or violation of any of the terms described in this Terms of Use will result in an immediate termination of your use of the Platform.

• GENERAL CONDITIONS

• • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, and complementary products and services offered by Anuva, use of the Platform, or access to the Platform or any content on the website through which the Platform, product and service is provided, without express written permission by us.

• • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

• YOUR USE OF THE PLATFORM 

• • You shall be responsible for maintaining the security of each device, your account, passwords and files.

• • Unless otherwise specifically allowed by Anuva, in writing, you will not, directly or indirectly use the Platform for timesharing or otherwise for the benefit of a third party. 

• • As a condition of your use of the Platform, you agree that you will not use our Platform, to:

• • • violate any applicable laws, including but not limited to, consumer protection, data protection and intellectual property laws (including their regulations and guidelines);

• • • attach any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material to the Platform;

• • • use the Platform in any manner that could impair Anuva in any way;

• • • post any material that is harmful to, harms or could harm minors in any way;

• • • infringe any third-party right;

• • • distribute viruses or any other technologies that may harm Anuva or the interests or property of Anuva’s users;

• • • impose an unreasonable load on our infrastructure or interfere with the proper working of the Platform;

• • • copy, modify, or distribute any other person’s content without their consent;

• • • use any scraper or other automated means to access Anuva and collect content for any purpose without our express written permission;

• • • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;

• • • use the information available by Anuva other than in accordance with the terms defined herein, and;

• • • bypass measures used to prevent or restrict access to the Platform.

• • You are solely responsible for all information that you submit to Anuva and any consequences that may result therefrom.  We reserve the right for any or no reason, at our discretion to refuse or delete any information (or part thereof) that we believe is inappropriate or is in breach of the terms defined herein or any of our other policies published on our website.  We also reserve the right at our discretion to restrict your use of the Platform, either temporarily or permanently or refuse your registration.

• • You acknowledge that, except as expressly stated, Anuva retains all rights in its trademarks, service marks, software, technology and other items of intellectual property.  

• • In the event Anuva investigates service outages, security problems, or a suspected security breach of Anuva, you agree that you will provide a reasonable level of cooperation to help facilitate Anuva’s investigation, to the extent warranted by the facts of the situation. 

• • You are responsible for keeping your device and account safe and secure when using the Platform, and you must notify us promptly of any unauthorised use or security breach of your account    

• • You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

• AMENDMENTS TO TERMS 

• • Anuva reserves the right to amend or update this Terms of Use at any time, in our sole discretion. If we do so, we will inform you either by posting the amended terms within the services or through other communications with you, our investor and client.  

• • It’s important that you review the terms whenever we amend them because if you continue to use our Platform after we have posted amended Terms of Use, you are indicating to us that you agree to be bound by the amended terms. If you don’t agree to be bound by the amended terms, then you may not continue to use the Platform. 

• • Anuva shall not be liable to you or any third party should Anuva exercise its right to revise these Terms of Use, or modify, or discontinue the service.  

• • Any new features that extend or enhance the Platform, including the release of new tools and resources, shall be subject to this Terms of Use. Continued use of the Platform after any of these changes shall constitute your consent to these changes. 

• AVAILABILITY OF THE PLATFORM

• • We are always trying to improve the Platform. That means we may expand, add, or remove features and functionalities. The Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect the Platform such as events in nature and other force majeure events.

• • While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

• REPORTING OF COMPLAINTS

• • We work to keep the Platform working properly. Please report problems, offensive content and policy breaches to us at the following email address info@anuvainvestments.co.za.  

• PROPRIETARY RIGHTS

• • Subject to this Terms of Use, Anuva grants you a non-sublicensable, non-exclusive, non-transferable right to use the Platform according to this Terms of Use, until the termination of your Agreement with Anuva.     

• • Anuva has the right to investigate violations of these Terms of Use or conduct that affects our service offerings. Anuva may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.       

• TERMINATION AND SUSPENSION OF AGREEMENT

• • Violation of any of the terms herein will result in the termination of your access to and use of our service offerings and the Platform, at our sole discretion, at any time upon notice to you. 

• • Upon termination of your account, your right to use the Platform or receive services from Anuva shall immediately terminate.

• PERSONAL INFORMATION

• • Anuva’s Privacy Policy, which is recommended to be read with this Terms of Use, sets forth the Parties’ agreement with respect to the terms governing any processing of Personal Data by Anuva on the investor’s and/or client’s behalf pursuant to these terms. The Privacy Policy forms part of this Terms of Use and supersedes any prior agreements regarding Personal Data.       

• • Anuva undertakes to process and maintain personal information of the investor and/or client only in accordance with the conditions of lawful processing as set out in terms of the Protection of Personal Information Act of 2013; and any other applicable legislation governing the processing of personal information.     

• COOKIES

• • The Platform contains third-party cookies which records your session information to ensure seamless and convenient experience. Cookies are small pieces of text sent by your web browser when you visit the Platform. 

• • You acknowledge that third-party providers can set cookies when you access the Platform, and thus receive information regarding your access to the Platform. 

• • Should you reject cookies that require consent, the Platform will accept such decision and not use such cookies. However, in the case of functional cookies that display features specifically used to enhance your experience when navigating the Platform, you will not be able to take advantage of all the features and functionality of the Platform.   

• • Anuva cannot delete third-party cookies. If you wish to remove third-party cookies, you would be required to do so in your browser settings. 

• • For more information about how we use information collected by cookies, please refer to our Privacy Policy.

• RETENTION OF DATA

• • Anuva will retain your personal information only for as long as is necessary for the purposes set out in our privacy policy or to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. 

• PROHIBITED USES OF THE PLATFORM

• • You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (i) for any obscene or immoral purpose. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.

• INDEMNITY AND LIMITATION OF LIABILITY

• • To the extent permitted by applicable law, you will indemnify, hold harmless and defend Anuva, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Anuva or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Anuva or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Terms of Use, (ii) your use of the Platform, (iii) your violations of applicable laws, rules or regulations in connection with the Platform, (iv) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Platform; (vi) and violations of your obligations of privacy to any Third Party.       

• • To the extent permitted by applicable law, neither Anuva or any other party involved in creating, producing or delivering the services will be liable for any incidental, special, punitive, exemplary or  consequential damages, including loss of profits, loss of data or goodwill, service interruption, computer damage or system failure arising out of or in connection with these terms or from the use of or inability to use the Platform, whether based on warranty, contract, delict (including negligence), product liability or any other legal theory, and whether or not the other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.   

• • Anuva will provide you with written notice of any claim, suit or action from which you must indemnify Anuva. You will cooperate as fully as reasonably required in the defence of any claim. Anuva reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.      

• WARRANTIES

• • The Platform is provided “as is,” without warranty of any kind. To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, Anuva makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement. 

• • Anuva makes no warranty that the Platform will meet the investor’s and/or client’s requirements or be available on an uninterrupted, secure, or error-free basis. 

• • We do not control and are not responsible for controlling how or when our users use the Platform. 

• • To the extent Anuva may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the minimum time period permitted under such law.  

• GOVERNING LAW

• • This Terms of Use, and any action related thereto, are governed by and construed in accordance with the laws of the Republic of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in the Republic of South Africa.

• GENERAL

• • Your rights and obligations under this Terms of Use are not assignable or transferable and cannot be sub­licensed to another party by you except with Anuva’s prior written consent. Anuva may transfer, assign or subcontract any of its rights and obligations under this Terms of Use without consent.     

• • We reserve the right, at our sole discretion, to update, modify or replace any part of this Terms of Use by posting updates and changes to the Platform. It is your responsibility to check our website and/or the Platform periodically for changes. Your continued use of or access to the Platform following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

• CONTACT INFORMATION

• • If you have any questions about this Terms of Use and/or the Platform, please contact Anuva at info@anuvainvestments.co.za.