September 2019 | Version 1.0
These are the general terms of the relationship between:
- you – the website visitor; and
- us – Prosus N.V. Registration number: 34099856, also known as Prosus – the website owner.
1.3. Governing Law.
The Terms are governed by the laws of the Netherlands. Only the Dutch courts may decide any dispute about the Terms.
2.1. What the Terms cover.
The Terms cover the website, with its home page accessible at www.prosus.com
and apply to the use of:
- the website itself; and
- its content, including the text, images and other substantive information on the website.
You agree to be legally bound by the Terms by visiting and using the website. You may not use the website and must immediately stop doing so if you do not agree to the Terms.
2.2. Updates to the Terms.
We may make changes from time to time to the Terms so please check back regularly to keep informed of updates. The latest version of the Terms will always be available on this website. Any new version of the Terms will take effect and will govern the use of the website immediately upon the date of posting. By continuing to use the website, you agree to be bound by the updates and amendments to the Terms.
You promise that you are entitled to visit this website and agree to the Terms because you:
- are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
- are not 18 yet, but have permission from your parent (or legal guardian) to do so.
If the meaning of the Terms conflicts with any other relevant specific terms, the specific terms will prevail. Specific terms apply to specific sections of the website or have been specifically agreed between the parties.
5. Permitted use
5.1. Intended use.
We make this website available with the sole intention of providing you with information about us, our subsidiaries and other members of our group of companies.
5.2. Non-commercial purposes.
You may only use this website for non-commercial purposes.
We grant you a limited license to use this website on these Terms. We may cancel your license at any time for any reason. Your license is automatically cancelled if you do not get our written permission before using this website in a way these Terms do not allow.
5.4. Access to information on the website.
You may view, copy, download to your device, print or distribute the content available through this website, provided that:
5.5. Home page linking.
- you use the content for only informational and non-commercial purposes; and
- any reproduction of the content includes the relevant copyright notice.
Any third party website may link solely to the home page of this website and not to any other page or part of this website.
5.6. Alternative use or linking on written permission.
You may only use or link to this website for any purpose, or in any way, not expressly permitted in these Terms with our express prior written permission.
5.7. Right to revoke access.
We may revoke your rights to use this website or the content at any time and for any reason, without a notification to you.
If you breach the Terms or infringe any other person’s rights (including copyright), we may cancel your license, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
6. Prohibited use
6.1. Prohibited conduct.
You are not allowed to, directly or indirectly, or allow anybody else to:
6.2. Apply to cached elements.
- do anything that violates any of these Terms;
- do anything which is illegal, fraudulent or violates or infringes any rights, title or interest (including, any intellectual property rights) in or to this website or its content;
- frame this website or any of its pages in a way that we have not expressly authorized;
- deep link (link to any page other than the home page of this website) or link in any way that could suggest that we endorse or support you or a third party, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so
- remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms on the website;
- use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so;
- introduce any materials that are designed to impede the operations of the website or its content;
- damage, disable, overburden, impair, or gain unauthorized access to the content or the website;
- remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the website;
- use the website or the content to advertise or promote products or services that we have not expressly approved in writing in advance;
- interfere with anyone else’s use and enjoyment of the website;
- attempt to discover or reverse engineer the source code and other materials forming part of the technology used to provide the website or forming part of the content;
- receive or charge money, favours or other consideration for allowing any other person to use or access the website or the content.
These Terms and any restrictions on the use of the website will also apply to any part of the website and content that is cached when using the website.
We may monitor whether you are complying with these Terms.
7. Content must not be relied on
7.1. Do not rely on content.
You must not rely on the content for any purpose, because it may not be accurate, complete, adequate, or current.
7.2. No warranties.
We, members of our group, and third party data providers give no warranties with respect to this website or the content, including in relation to the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the content.
7.3. No responsibility.
We, members of our group, and any third party data providers accept no responsibility, and will not be required, to update the website or the content or to notify you or other users of content that is inaccurate, incomplete, inadequate or out-of-date.
This section only applies to investor content that we make available to our investors (or anyone else who puts money into our business to make a profit) through our website.
8.2. Investor content.
Investor content includes information, financial or otherwise, included under the investor section of the website or in the annual reports, results announcements, presentations, press releases, regulatory filings (including those with the Johannesburg Stock Exchange, the London Stock Exchange and the Irish Stock Exchange) and similar material.
8.3. No responsibility for investor content.
We, members of our group, and any third party data providers accept no responsibility, and will not be required, to update investor content or to notify you or other users of content that is inaccurate, incomplete, inadequate or out-of-date. You must consider the investor content only in the context of its initial date of publication.
9. No offer to sell securities and no advice
9.1. No offer to sell securities.
None of the information on this website constitutes or forms part of any offer or solicitation or advertisement to purchase or subscribe for securities in any jurisdiction, including an offer to the public for the sale of, or subscription for, or the solicitation of, or the advertisement of an offer to buy or subscribe for, securities. None of the securities referred to on this website have been registered under the securities laws of the United States of America, its territories and possessions, any state of the United States or the District of Columbia (US). Securities may not be offered or sold in the US absent registration under the applicable US securities laws or unless exempt from registration under such laws.
9.2. No advice.
This website and the content must not be construed as constituting any form of investment advice or recommendation, guidance or proposal of a financial nature. We are not a financial service provider (or similar institution) licensed ]under any applicable law or regulation. This website and the content must not be construed as canvassing for, or marketing, or advertising of financial services in any jurisdiction. Prospective investors should make their own investment decisions and consult their own advisers as to legal, tax, business, financial and related aspects of an investment in any securities of our organisation or members of our group.
9.3. No professional advice.
None of the content is professional advice or the official opinion of our organisation or members of our group. users are encouraged to consult professional advice before taking any course of action related to the content.
10. Forward-looking statements
This website contains “forward-looking statements”. These statements are based on the current expectations and views of future events and developments of our management and are naturally subject to uncertainty and changes in circumstances. When used in this website, words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, “plan”, “will”, “may”, “would”, “could” and “project” are intended to identify forward-looking statements. All statements, other than statements of historical facts, are, or may be deemed to be, forward-looking statements.
10.2. No undue reliance.
Undue reliance should not be placed on the forward-looking statements as they are reflective of the views of our management as of a particular date, made with respect to future events and are subject to risks and uncertainties, some of which are outside our control. There are important factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected on the website.
10.3. Read in conjunction with cautionary statements.
The forward-looking statements should be read in conjunction with other cautionary statements that are included elsewhere, and any other documents we have made public. Any forward-looking statements are qualified in their entirety by these cautionary statements, and there can be no assurance that the actual results or developments anticipated by us will be realised or, even if substantially realised, that they will have the expected consequences to, or effects on, us or our business or operations. Except as required by law, we undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
11. Information and Data Protection
You promise that you will only give accurate information to us and to this website. Personal Data collected on the website is governed by the Website Privacy Statement
, which is fully incorporated by reference within these Terms
12. Intellectual property
Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
12.2. Your rights.
Your rights to use the website and its content are limited to those that we give to you in the Terms.
Except as expressly permitted under the agreement, the website and its content may not be:
12.4. Proprietary notices.
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.
You may not remove any copyright, trademark or other proprietary notices from the content.
Our logo and sub-logos, marks, trade names, and images of them are our trademarks and no person may use them without our permission, subject to the following:
12.6. Authorised users’ trademark license.
- important assets – our trademarks are important assets to us and represent a high standard of quality and brand recognition that we have spent substantial resources developing;
- editorial use only – accordingly, only press agencies, journalists, and students in newspapers, news magazines, trade publications, broadcast media, online media, and educational articles about us and our goods and services may make editorial use of our trademarks;
- non-editorial use prohibited – we prohibit the use of our trademarks for non-editorial purposes, unless we have given you prior written consent; and
- authorised users – only third parties wishing to use our trademarks for editorial purposes or third parties who have our prior written consent to use them for non-editorial purposes are allowed to use our trademarks as authorised users.
We grant all authorised users a license to use our trademarks subject to the following limitations:
12.7. Authorised users’ use requirements.
- revocable – we may revoke the right at any time;
- non-exclusive – we may allow anyone else to use our trademarks;
- duration of agreement – you may only use our trademarks for the duration of the agreement;
- limited to Terms – you may only use the our trademarks according to these Terms;
- non-transferable – you may not transfer the license to anyone else;
- specified purposes – you may only use our trademarks for the specified purposes that we’ve communicated to you in writing from time to time;
- use requirements – you may only use our trademarks in ongoing compliance with our use requirements; and
- any other limitations agreed between the parties in writing.
You may only use our trademarks in accordance with our authorised users’ trademark license, provided that:
- current version – you must check our library before using a logo or image to make sure you are using the current version of the logo or image;
- exact reproduction – you must reproduce our logos or images exactly as they appeared in our logo library when they were downloaded;
- no colour, font or stylization alterations – you must not alter the colour, font style, font size, or stylization of our logos or images;
- no use in sentence or text string – you must not use our logos or images in a sentence or text string;
- no use with other logos, designs or elements – you must not use our logos or images in combination or conjunction with any other logos, designs or elements;
- correct symbols – you must use the correct trademark and copyright ownership symbols (i.e., ®, TM or ©) immediately after using our logos or images;
- no redistribution – you must not redistribute the materials in which our logos or images appear for other third parties to use or copy; and
- same standard, grade and quality – the goods and services that you offer in connection with our logos or images must be of the same standard, grade and quality of our goods and services maintained fore; and
We may revoke your license to use our trademarks as an authorised user if you fail to comply with any of these requirements.
12.8. Cease use immediately on request.
You must stop using our trademarks or other content immediately if we ask you to.
12.9. Other trademarks.
Any other trademark or trade name that may appear in the website’s content is the property of its respective owner.
13. Limits to our liability
13.1. Own risk.
We provide the website “as is”
. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
13.4. Direct damages limited.
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
13.5. Indirect damages.
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
13.6. Other websites.
We are not responsible for anyone else’s website.
14.1. Entire agreement.
The Terms are the entire agreement between the parties on the subject.
14.2. Changes to website.
We may change or stop publishing this website without notice and will not be responsible for any consequences.
Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining Terms continue as intended.