Terms of Use
Welcome to the Prospero Investment Solutions Limited (Prospero Bermuda) website. These Terms of Use are deemed to have been accepted by you should you use the website. The Terms of Use govern your use of the website.
Important information
The terms of use set out below apply to this and all other websites owned, operated, or sponsored by Prospero Bermuda - unless such other website specifically provides otherwise. When you use the website you are deemed to have agreed to all of these terms of use governing the website. Please check the website regularly for changes. The terms of use may change from time to time and without notice. The terms displayed at the time that you use the website will govern your use of the website. Please address any comments or inaccuracies contained in the website to Prospero Bermuda Client Relations at clientrelations@prosperobermuda.co.za
1. Nature of website contents
Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects. Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Prospero Bermuda will not be liable for any inaccuracy in the calculation. Subscribing to any service or buying any product through the website is subject to the full contractual terms and conditions, and applicable legislation. Links to third party websites are provided for convenience only and may be discontinued at any time. The fact that Prospero Bermuda provides a link to a third party website does not mean that Prospero Bermuda endorses, authorises, or sponsors that website, or that Prospero Bermuda is affiliated with such website's owners or sponsors. The content on any websites which may be accessed from a Prospero Bermuda website is not under Prospero Bermuda's control and Prospero Bermuda will not be held responsible or liable for any content displayed on a third party website. The content or information displayed on a Prospero Bermuda website or any third-party website which may be accessed through links provided on the Prospero Bermuda website is not intended as advice but merely as information. You are advised to seek appropriate professional advice before making any decision or taking any action based on any information displayed on the Prospero Bermuda website or any such third-party website that may affect your personal finances or business.
2. Visitors from foreign countries
Use of this website or actions taken through the website from the country from which you may access the website may be illegal in that country. Your use of the website is entirely at your own risk. It is recommended that you ensure that use of the website for all purposes is not in violation of the laws of any country by which you may be governed and by using the website, you confirm to Prospero Bermuda that you have confirmed that such use is not a violation as described. Unless expressly stipulated, nothing on this website shall constitute an offer for sale of any service or product and any information contained on the website shall not be construed to be financial or investment advice. The responsibility for ensuring compliance with any laws or regulations which may apply to you remains exclusively yours and in using this website in any manner, you are deemed to have indemnified Prospero Bermuda against any loss or damage that it may suffer arising from your violation of any laws applicable to you. Prospero Bermuda's services and products may not be available in your country. You may wish to contact your local financial or legal adviser to find out whether any Prospero Bermuda service or product may be available to you.
3. No warranties
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Prospero Bermuda does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
4. Restricted use
Unless otherwise specified, all information, products, and services displayed on or accessed through the website are for your personal and non-commercial use only. You may not - Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Prospero Bermuda's prior written authorisation; Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website; Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Prospero Bermuda's image or impair its ability to do business; Use the website in a manner that could damage, disable, overburden, or impair any Prospero Bermuda server, or network connected to any Prospero Bermuda server, or interfere with any other party's use of the website; Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a Prospero Bermuda server or any other part of the Prospero Bermuda information system; Create a link from another website to the website or any of the web pages which constitute the website without Prospero Bermuda's prior written authorisation; or Frame the website or any of its pages without Prospero Bermuda's prior written authorisation.
5. Electronic transactions, communications, and records
When you visit the website or send email to Prospero Bermuda you consent to receiving communications from Prospero Bermuda electronically. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Prospero Bermuda satisfy any legal requirement that such communications should be in writing. You accept the risks inherent in electronic communication in whatever form. You authorise Prospero Bermuda to act on the information communicated to Prospero Bermuda electronically. You are responsible for ensuring that Prospero Bermuda has received the information communicated electronically. You acknowledge and agree that Prospero Bermuda, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Prospero Bermuda will constitute rebuttable proof of the content of the records. Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of Prospero Bermuda.
6. User ID and password
If you subscribe to a service or product provided on the website you may be required to choose a user id and/or password. You are entirely responsible for - Maintaining the confidentiality of your password; All activities that occur in your account, either with or without your knowledge; Notifying Prospero Bermuda immediately of any unauthorised use of your user id and/or password or any other breach of security; For losses incurred by Prospero Bermuda or a third party due to someone other than you using your user id and/or password.
7. Secure payment system
If any payments are to be made by you to Prospero Bermuda you will be required to use a payment system authorised by Prospero Bermuda. Prospero Bermuda shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically.
8. Privacy policy
Your privacy is important to Prospero Bermuda. Personal information transmitted to Prospero Bermuda will be treated in accordance with Prospero Bermuda's Privacy Policy.
9. No liability
Prospero Bermuda will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website by you. Prospero Bermuda will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
10. Warranties provided by you
For all purposes, and in particular for purposes of 6 above, you warrant - Your identity (that is, you are who you say you are), and that you can prove your identity should Prospero Bermuda require you to do so; That all information you provide at any time to Prospero Bermuda via the website, in writing, or to Prospero Bermuda call centre staff will in all respects be current, complete, and accurate; That you will fully disclose all material and relevant facts to Prospero Bermuda, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.
11. Intellectual property rights
The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Prospero Bermuda. As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Prospero Bermuda or the licensor's prior written permission.
12. Breach
Prospero Bermuda reserves the right to - Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Prospero Bermuda is unable to verify or authenticate any information you provide to it; or (c) Prospero Bermuda believes that you are conducting activities that are illegal, abusive, attack the integrity of the website, or may place Prospero Bermuda in disrepute; Refer any breach to the police if such breach constitutes a crime; Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
13. Indemnity
You agree to indemnify and hold harmless Prospero Bermuda, its affiliated companies, and each of their respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.
14. Jurisdiction and applicable law
Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the courts of Bermuda. Any claim arising from - The use or inability to use the website; An application for, and the rendering of a service or providing of a product, Is subject to the laws of Bermuda - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to jurisdiction, procedure and evidence. All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.
15. Permissions
To obtain authorisation from Prospero Bermuda as provided for herein, please address the request to prosperobermuda@prosperoinvest.com
Important information
The terms of use set out below apply to this and all other websites owned, operated, or sponsored by Prospero Bermuda - unless such other website specifically provides otherwise. When you use the website you are deemed to have agreed to all of these terms of use governing the website. Please check the website regularly for changes. The terms of use may change from time to time and without notice. The terms displayed at the time that you use the website will govern your use of the website. Please address any comments or inaccuracies contained in the website to Prospero Bermuda Client Relations at clientrelations@prosperobermuda.co.za
1. Nature of website contents
Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects. Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Prospero Bermuda will not be liable for any inaccuracy in the calculation. Subscribing to any service or buying any product through the website is subject to the full contractual terms and conditions, and applicable legislation. Links to third party websites are provided for convenience only and may be discontinued at any time. The fact that Prospero Bermuda provides a link to a third party website does not mean that Prospero Bermuda endorses, authorises, or sponsors that website, or that Prospero Bermuda is affiliated with such website's owners or sponsors. The content on any websites which may be accessed from a Prospero Bermuda website is not under Prospero Bermuda's control and Prospero Bermuda will not be held responsible or liable for any content displayed on a third party website. The content or information displayed on a Prospero Bermuda website or any third-party website which may be accessed through links provided on the Prospero Bermuda website is not intended as advice but merely as information. You are advised to seek appropriate professional advice before making any decision or taking any action based on any information displayed on the Prospero Bermuda website or any such third-party website that may affect your personal finances or business.
2. Visitors from foreign countries
Use of this website or actions taken through the website from the country from which you may access the website may be illegal in that country. Your use of the website is entirely at your own risk. It is recommended that you ensure that use of the website for all purposes is not in violation of the laws of any country by which you may be governed and by using the website, you confirm to Prospero Bermuda that you have confirmed that such use is not a violation as described. Unless expressly stipulated, nothing on this website shall constitute an offer for sale of any service or product and any information contained on the website shall not be construed to be financial or investment advice. The responsibility for ensuring compliance with any laws or regulations which may apply to you remains exclusively yours and in using this website in any manner, you are deemed to have indemnified Prospero Bermuda against any loss or damage that it may suffer arising from your violation of any laws applicable to you. Prospero Bermuda's services and products may not be available in your country. You may wish to contact your local financial or legal adviser to find out whether any Prospero Bermuda service or product may be available to you.
3. No warranties
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Prospero Bermuda does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
4. Restricted use
Unless otherwise specified, all information, products, and services displayed on or accessed through the website are for your personal and non-commercial use only. You may not - Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Prospero Bermuda's prior written authorisation; Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website; Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Prospero Bermuda's image or impair its ability to do business; Use the website in a manner that could damage, disable, overburden, or impair any Prospero Bermuda server, or network connected to any Prospero Bermuda server, or interfere with any other party's use of the website; Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a Prospero Bermuda server or any other part of the Prospero Bermuda information system; Create a link from another website to the website or any of the web pages which constitute the website without Prospero Bermuda's prior written authorisation; or Frame the website or any of its pages without Prospero Bermuda's prior written authorisation.
5. Electronic transactions, communications, and records
When you visit the website or send email to Prospero Bermuda you consent to receiving communications from Prospero Bermuda electronically. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Prospero Bermuda satisfy any legal requirement that such communications should be in writing. You accept the risks inherent in electronic communication in whatever form. You authorise Prospero Bermuda to act on the information communicated to Prospero Bermuda electronically. You are responsible for ensuring that Prospero Bermuda has received the information communicated electronically. You acknowledge and agree that Prospero Bermuda, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Prospero Bermuda will constitute rebuttable proof of the content of the records. Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of Prospero Bermuda.
6. User ID and password
If you subscribe to a service or product provided on the website you may be required to choose a user id and/or password. You are entirely responsible for - Maintaining the confidentiality of your password; All activities that occur in your account, either with or without your knowledge; Notifying Prospero Bermuda immediately of any unauthorised use of your user id and/or password or any other breach of security; For losses incurred by Prospero Bermuda or a third party due to someone other than you using your user id and/or password.
7. Secure payment system
If any payments are to be made by you to Prospero Bermuda you will be required to use a payment system authorised by Prospero Bermuda. Prospero Bermuda shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically.
8. Privacy policy
Your privacy is important to Prospero Bermuda. Personal information transmitted to Prospero Bermuda will be treated in accordance with Prospero Bermuda's Privacy Policy.
9. No liability
Prospero Bermuda will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website by you. Prospero Bermuda will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
10. Warranties provided by you
For all purposes, and in particular for purposes of 6 above, you warrant - Your identity (that is, you are who you say you are), and that you can prove your identity should Prospero Bermuda require you to do so; That all information you provide at any time to Prospero Bermuda via the website, in writing, or to Prospero Bermuda call centre staff will in all respects be current, complete, and accurate; That you will fully disclose all material and relevant facts to Prospero Bermuda, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.
11. Intellectual property rights
The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Prospero Bermuda. As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Prospero Bermuda or the licensor's prior written permission.
12. Breach
Prospero Bermuda reserves the right to - Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Prospero Bermuda is unable to verify or authenticate any information you provide to it; or (c) Prospero Bermuda believes that you are conducting activities that are illegal, abusive, attack the integrity of the website, or may place Prospero Bermuda in disrepute; Refer any breach to the police if such breach constitutes a crime; Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
13. Indemnity
You agree to indemnify and hold harmless Prospero Bermuda, its affiliated companies, and each of their respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.
14. Jurisdiction and applicable law
Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the courts of Bermuda. Any claim arising from - The use or inability to use the website; An application for, and the rendering of a service or providing of a product, Is subject to the laws of Bermuda - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to jurisdiction, procedure and evidence. All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.
15. Permissions
To obtain authorisation from Prospero Bermuda as provided for herein, please address the request to prosperobermuda@prosperoinvest.com