Agreement Cherlano Pty Ltd
2016/002598/7
CIPC
CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH CHERLANO PTY LTD, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE, WHICH MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU ARE A PROUD STANDING AND OFFICIAL INVESTOR MEMBER.
services offered on or through such website, and any servers, computers or material used to provide such a website (the "CHERLANO PTY LTD” Services") for the purposes outlined in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.
In addition to any other rights or remedies afforded CHERLANO PTY LTD under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:<br />• Vendor and Products Requirements Policy<br />• Digital Millennium Copyright Act (") and Trademark Policy
(a) You will be required to register for an account to use certain CHERLANO PTY LTD Services. When You provide information during the registration process, You agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.<br />(b) If You register for a CHERLANO PTY LTD site account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the CHERLANO PTY LTD Services using Your account information in whole or in part. CHERLANO PTY LTD reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without
3. PROMOTING PRODUCTS.<br />If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the CHERLANO PTY LTD Services, either by You or by another CHERLANO PTY LTD client (each a "Product"), whether via the Services or via any other online or offline channel or medium, including for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent android warrant that::
(a) You will abide by CHERLANO PTY LTD's Return and Cancellation Policy and You will establish Your Vendor Return Policy as set forth below.<br />
(b) When You Promote a Product, You will use the applicable Vendor's trademarks, logos, trade names or service marks following such Vendor's trademark guidelines, which will either be supplied by CHERLANO PTY LTD or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, "Vendor" is defined as any person or entity that submits one or more Products for sale via the CHERLANO PTY LTD Marketplace.<br />
(c) You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or another proprietary right (collectively "IP Rights") of any entity or individual.<br />
;(d) You will not interfere with or manipulate rankings of Marketplace (as defined below in Section 4 tracking of Commissions, or the normal flow of traffic to, though, or from the CHERLANO TY LTD
(e) If You Promote Prodts or Brands in a high-risk industry, you must be in compliance with CHERLANO PTY LTD Additional Terms and Conditions provided to you, which are incorporated into this Agreement by this reference, at all times. You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age (g) You will not Promote any Products or services to children under the age of thirteen (13).<br />(h) You will not defame any person.<br />(i) You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.<br />(j) You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.<br />(k) You will not in any way copy the "look and feel" of any third party website, or otherwise imply that the Promotion is in fact a third party website.<br />(l) All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country's laws and all South African. federal and state laws, including the S.A Federal Trade Commission ("FTC") regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC's Endorsement Guidelines.<br />(m) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> reserves the right but is not obligated to review Your Promotions You agree that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.<br />(n) You will provide valid contact information, including but not limited to a working email address and phone number, where <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> can send inquiries and receive a non-automated reply by end of the following business day.<br />(o) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the "Vendor Spotlight," as described in this Agreement, or otherwise offered by Vendors via the CHERLANO PTY LTD Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that CHERLANO PTY LTD does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the CHERLANO Services.<br />(p) You will comply with all applicable laws, rules and regulations.
4. SELLING PRODUCTS – AFFILIATESr If You register any Products for sale via the CHERLANO PTY LTD Services, You agree, acknowledge, represent and warrant that
(a) All Products You register for sale via the CHERLANO PTY LTD Services must be approved by CHERLANO PTY LTD prior to You being able to sell the Products through the CHERLANO PTY LTD Services. In certain circumstances, CHERLANO PTY LTD may require You to modify your Products prior to being approved or prohibit your Products from being sold via the CHERLANO PTY LTD Services, in CHERLANO’s sole discretion. CHERLANO approval or modification of your Product is not an endorsement of your Product or of any modification, and CHERLANO PTY LTD is not liable for any modification.<br />(b) All Products You register for sale via the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, and the offering and sale thereof via the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, comply with all of Your country's laws, all laws of any country to which your product may be shipped, and all applicable South African federal and state laws and regulations.<br />(c) Your Products do not involve downloading software on the computer of a person or entity purchasing a Product (the "Purchaser") unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and You obtain express consent prior to any such downloads.<br />(d) Without further conditions or limitations, You authorize <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> to list any Product You register for sale via the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services in the online, searchable marketplace of Products made <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> via the CHERLANO Services (the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Marketplace"); and make it available for sale to Purchasers and/or for the persons and/or entities that Promote the Products made available via the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Marketplace ("Affiliates") at the price designated by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.<br />(e) You will provide valid email addresses to which Purchasers or <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> can send inquiries and receive a reply by end of the following business day. Purchasers and <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> must also be able to receive a non-automated response within one business day, when necessary.<br />(f) You will notify <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or in relation to a Product within two business days of Your receipt of such complaint. You shall assist <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, at Your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> to respond to and/or resolve such complaints.<br />(g) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> will collect and remit state or local transfer taxes for any retail transaction (including but not limited to sales or use tax) where it believes it is legally required to do so. Where <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> does not collect and remit state or local transfer taxes on a transaction, You may have the legal obligation to pay such taxes. Such obligation may arise as a result of Your existing or past physical contacts with a state (including but not limited to Your provision of a "drop ship" delivery of the physical Product to a buyer located in a state). You may wish to consult a tax professional to determine if You will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, You will be solely responsible for the timely payment of such tax and any interest or penalties.<br />(h) If You use the Vendor Spotlight platform or the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services to communicate with Affiliates about Your Products, You agree that all statements or messages communicated by You via the Vendor Spotlight or <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services constitute Promotions under this Agreement and are subject to all applicable terms and obligations thereto. Additionally, and without limiting any other restriction contained herein, You will not use the Vendor Spotlight or <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services to: (i) make any false or deceptive statement or claim regarding Your Product or sales of Your Product; (ii) offer any Promotions or incentives to Affiliates unless You intend to fulfil such Promotions or incentives; (iii) offer any Promotions or incentives to Affiliates unless You affirmatively state that they are offered only by You and not by CHERLANO; or (iv) suggest in any way, whether express or implied, that Your Product(s) are endorsed, approved or sponsored by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> in any way. <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> reserves the right to suspend Your ability to use the Vendor Spotlight or <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services at any time.<br />(i) If and to the extent You use third parties to provide Products or Services, You and such third parties must be in compliance with all terms of this Agreement, and You are responsible for all acts and omissions of such third party.<br />(j) All Vendors must include the required disclaimers and comply with the requirements set forth.<br />(k) No account may have more than 100 Joint Venture contracts. Accounts with more than 100 Joint Venture contracts are subject to review and potential corrective actions, as determined in <span style="font-family: sans-serif;">CHERLANO PTY LTD's</span> sole discretion. If, in sole discretion, you abuse the joint venture program, including for the purpose of avoiding the payment of negative balances, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may terminate your account, terminate your access to the joint venture program, or take any other corrective measures it deems appropriate.<br />(l) You will comply with all applicable laws, rules and regulations.<br />(m) You will establish an appropriate return, replacement and/or cancellation policy for Your Products ("Vendor Return Policy"). Your Vendor Return Policy must fall within the range of "no refunds" to allowing refunds or replacements up to sixty (60) days after the date of purchase (i.e., a 30-day refund policy or a 45-day refund policy would each be acceptable, if appropriate). If You believe that a Vendor Return Policy longer than sixty (60) days after the date of purchase is appropriate for Your Products, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> will review such a request, and in its sole discretion, may allow an extended Vendor Return Policy. You can only provide such an extended Vendor Return Policy with <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> written consent.<br />You will ensure that the Vendor Return Policy is clearly and conspicuously posted for customers to review prior to purchasing Your Products.<br /><span style="font-family: sans-serif;">CHERLANO PTY LTD</span> reserves the right to alter or override Your Vendor Return Policy if You abuse <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> flexible Return and Cancellation Policy, if Your Vendor Return Policy is not appropriate for the Product(s), if the returned or charged back sales (defined in the Accounting Policy) are excessive, or for any other reason <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> deems appropriate, in its sole discretion.</p>
ou agree and acknowledge that:<br />(a) Subject to the terms and conditions of this Agreement and <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> policies and procedures, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall use commercially reasonable efforts to provide <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may undertake from time to time; or (iii) causes beyond the reasonable control of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or that are reasonably unforeseeable by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, including, without limitation, interruption or failure of telecommunication or <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> is not liable for any periodic interruptions in availability of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span><span style="font-family: sans-serif;"> PTY LTD</span> Services and further acknowledge that CHERLANO does not guarantee access to the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services on a continuous and uninterrupted basis.<br />(b) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may decline, delist or halt sales or Promotion of any Product from the < span style="font-family: sans-serif;"> CHERLANO PTY LTD</span> Marketplace, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the < span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.<br />(c) < span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, in its sole discretion, may suspend or terminate Your account and Your rights to use the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services and <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may retain any or all funds (including future funds that may accrue) in Your <span style="font-family: sans-serif;"> CHERLANO PTY LTD</span> account, if: (i) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement; (ii) Your account becomes dormant as defined in our Accounting Policy; (iii) or Your account experiences or is reasonably anticipated to experience a negative balance. Upon such termination, You agree to immediately cease all use of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services and <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> intellectual property licensed in Section 8(b) of this Agreement. Without limiting the foregoing, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall have the right to immediately terminate Your access and use of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, or any portion thereof, and to seize funds in your account, in the event of any conduct which <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, in its sole discretion, considers to be unacceptable.<br />(d) Following suspension or termination of an account or retaining of funds pursuant to this Section 5, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> will review Your account in a manner determined by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that CHERLANO may retain funds in Your <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> account as liquidated damages and/or for the benefit of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>.<br />(e) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may withhold any portion of the funds in Your <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> account if <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or any other Person.</p>
EMAIL, TEXT MESSAGES AND TELEMARKETING.<br />(a) If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal, RICA and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Children's Online Privacy Protection Act ("COPPA") (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).<br />(b) You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.<br />(c) You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission ("FCC"), the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA") and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).</p>
<p style="color: #000000; font-family: sans-serif; font-size: large; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0; text-transform: none; white-space: normal; widows: 2; word-spacing: 0; text-decoration-style: initial; text-decoration-color: initial;">7. API REQUIREMENTS.<br />Your use of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Application Programming Interface ("API") is subject to the API Terms of Service available at https://support.clickbank.com/hc/en-us/articles/115015427307-API-Contract.</p>
CHERLANO PTY LTD</span> IP RIGHTS.<br />(a) Except as set forth in Section 8(b) below, You may not use <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> name, trademarks, service marks or any other IP Right of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> in any manner whatsoever to suggest association or affiliation with or endorsement by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> without the express prior written consent of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, which <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> without the express, written consent of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> is prohibited.<br />(b) Subject to the following terms and conditions, during the term of this Agreement <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> grants You a limited, revocable license to use <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.<br />1. <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may revoke the foregoing license and/or provide restrictions upon Your use of name, at anytime and for any reason in <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> sole discretion.<br />2. Failure to comply with any restrictions imposed by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> upon Your use of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> name or failure by You to immediately cease all use of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> name if so instructed by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such case, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> reserves the right to pursue any and all remedies available to it at law or in equity.<br />3. You may not use or display <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> name in any manner to disparage <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services.<br />(c) Notwithstanding the limited revocable license set forth in Section 8(b) above, as between the parties, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall be and remain the sole owner of all right, title and interest in and to the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, and You hereby assign to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>.</p>
. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.<br />(a) In connection with this Agreement, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> (collectively, "Confidential Information"), including, but not limited to (a) the identities of other Vendors or Affiliates of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> (collectively, " <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Clients"); (b) physical and data security information; (c) technical data; (d) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, including without limitation the functionality offered by the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Marketplace. You agree and acknowledge that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>.<br />(b) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span><br />Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, or otherwise in connection with the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>. You hereby grant to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> with respect to Your Submissions; and (b) Your Submissions and any use thereof by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> will not infringe or violate the rights of any Person. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> is under no obligation to respond to or use any Submission You may.</p>
<p style="color: #000000; font-family: sans-serif; font-size: large; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0; text-transform: none; white-space: normal; widows: 2; word-spacing: 0; text-decoration-style: initial; text-decoration-color: initial;">10. EXPORT CONTROL.<br />You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services is approved for export from South Africa without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> in writing.</p>
11. REQUIRED PERMITS.<br />It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the agreement of this documentation and keep it safe.</p>
12. REPRESENTATIONS AND WARRANTIES.<br />You represent, acknowledge and warrant that:<br />(a) You, Your Products Your Promotions, and/or Your Submissions, as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any Person; (ii) contain any <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Privacy Policy.<br />(b) You may not: (i) frame, copy or mirror any content forming part of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services; (ii) reverse engineer the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services or otherwise attempt to derive its source materials; (iii) access the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services; (iv) interfere with or disrupt the CHERLANO Services or any data contained therein; (v) attempt to gain unauthorized access to the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, its related systems or networks; or (vi) use the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services for any unlawful purpose or in violation of the rights of any Person.</p>
<p style="color: #000000; font-family: sans-serif; font-size: large; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0; text-transform: none; white-space: normal; widows: 2; word-spacing: 0; text-decoration-style: initial; text-decoration-color: initial;">13. INDEMNIFICATION.<br />To the fullest extent permitted by Law, You agree that<br />(a) In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever ("Claim") in connection with Your use of the <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Services, Your Products, Your Promotions or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the " <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Parties"), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defence, reasonable attorneys' fees and costs) ("Losses") incurred by any <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.<br />(b) Upon receiving notice of a Claim for which <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> is entitled to indemnification by You, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> shall provide You with written notification and the opportunity to assume sole control over the defence or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> will require <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> use of such counsel.<br />(c) In the event that <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to Your Products or Promotions, including copyright infringement complaints under the DMCA, <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by <span style="font-family: sans-serif;">CHERLANO PTY LTD up to a maximum of ten thousand Rand (ZA) (R10,000) per event. In the event that CHERLANO PTY LTD incurs any Losses relating to Your violation of Email/Text Message/Telemarketing policy, as set forth in Section 6 above, CHERLANO PTY LTD reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by CHERLANO PTY LTD up to a maximum of twenty thousand Rand (R 20,000) per event. You understand and agree that the remedies set forth above are not exhaustive and CHERLANO PTY LTD
All rights to indemnification described herein. You authorize sans-serif; CHERLANO PTY LTD
To make, and release CHERLANO from any liability in connection with, any such deductions
14. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL ANY CHERLANO PTY LTD PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY
(A) USE OF OR INABILITY TO USE THE CHERLANO PTY LTD SERVICES,
(B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE & SERVICES,
(C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHERLANO PTY LTD SERVICES, AND/OR
(E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, WHETHER OR NOT CHERLANO PTY LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF CHERLANO PTY LTD FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY CHERLANO PTY LTD TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE CHERLANO PTY LTD SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE CHERLANO PTY LTD SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF CHERLANO PTY LTD SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION
15. DATA PROCESSING You agree to comply with all data protection laws and regulations, including the E.U.’s data protection regulation, the General Data Protection Regulation (“GDPR”). You agree not to market to persons subject to GDPR who have not consented to receive marketing communicationssubject to GDPR are entitled to demand that you take certain actions with respect to their data, including, without limitation, that you delete it, correct it, or restrict processing of it. If you receive a data request from a person subject to GDPR, or if CHERLANO PTY LTD; receives any such request with respect to data you are processing, you agree to honor the request within 30 days. You agree to implement appropriate systems and processes to comply with this requirement.</p>
If you receive any personal data from <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> or process personal data on <span style="font-family: sans-serif;">CHERLANO PTY LTD</span> behalf, you will: (1) implement appropriate technical and organizational measures to ensure to ensure the security of the data; (2) only process personal data for purposes approved by <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>; (3) cease processing such data upon request from <span style="font-family: sans-serif;">CHERLANO PTY LTD</span>; (4) transfer such data only for purposes authorized by law, with prior notification to CHERLANO, and only pursuant to an appropriate sub processing agreement; (5) indemnify CHERLANO for any claim, expense, demand or cost related to your receipt or use of such data; and (6) upon request, provide CHERLANO with information sufficient to demonstrate your compliance with this section, and allow CHERLANO to audit your data practices if necessary in CHERLANO sole discretion.<br />
16. NO GUARANTEE OF VALIDITY CHERLANO PTY LTD does not endorse, approve, or certify any information provided on or through the CHERLANO Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the CHERLANO Services may or may not be current as of the date of Your access, and CHERLANO has no duty to update and maintain such information. Additionally, the information provided on or through the CHERLANO Services may be changed periodically without prior notice. All content provided on or through the CHERLANO Services is provided "AS IS." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.<br />17. NO PROFESSIONAL ADVICE.<br /><span style="font-family: sans-serif;">CHERLANO PTY LTD</span> provides professional information (for example, financial or compliance) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the CHERLANO Services. You understand that CHERLANO employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and You will not treat information provided by our employees, representatives, and/or agents as such. You further understand that by receiving information, facts or opinions on or through the CHERLANO Services, You are not entering into a relationship with CHERLANO or its employees, representatives and/or agents that entitles You to client privileges that may be associated with any professional certifications or licenses.<br />18. DISCLAIMER.<br />
YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE CHERLANO SERVICES. THE CHERLANO SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND CHERLANO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER CHERLANO, NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE CHERLANO SERVICES.<br />19. GENERAL TERMS AND CONDITIONS.<br />(a) Governing Law; Dispute Resolution, Attorneys' Fees. You agree that South African law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the in personnel jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify CHERLANO for all of its reasonable attorneys' fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or CHERLANO in which CHERLANO is found to be the prevailing party.</p>
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.</p>
CHERLANO PTY LTD</span> agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.<br />(b) English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by CHERLANO are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.<br />(c) Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of CHERLANO or obligating CHERLANO in any way. You may not represent to any person that You are the agent of CHERLANO, or are authorized to act on its behalf.<br />(d) Assignment. CHERLANO may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of CHERLANO. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.<br />(e) Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.<br />(f) Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using CHERLANO name or referencing the CHERLANO Services; or (iii) suggesting or implying any endorsement by CHERLANO of You and/or any Products without the prior written approval of CHERLANO, which CHERLANO may withhold in its sole discretion. You hereby authorize CHERLANO to include your name, business name, and general information about your use of the CHERLANO services in CHERLANO marketing and promotional materials.<br />(g) Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. CHERLANO reserves the right to amend this Agreement at any time.
When CHERLANO amends this Agreement, CHERLANO shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the CHERLANO Services, following the posting of such amendment will signify and be deemed your assent to and acceptance of the revised Agreement. You agree that you have the burden to review periodically, to inform Yourself of any such changes;
(h) Waiver.
The waiver or failure by CHERLANO to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of CHERLANO set forth in this Agreement are cumulative and are in addition to any rights or remedies CHERLANO may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
(i) Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to CHERLANO PTY LTD, which would not be adequately compensated by monetary damages and that CHERLANO PTY LTD may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of South Africa or any other court of competent jurisdiction anywhere in the world for CHERLANO PTY LTD, sole discretion and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
(j) Force Majeure. You nor CHERLANO PTY LTD, shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of:
(i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from CHERLANO PTY LTD, if sent via email, as date stamped by CHERLANO PTY LTD, systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified South African mail, return receipt requested, postage prepaid and addressed to the last address provided by a party
(l) Headings/Interpretation. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement
Sections 5, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19 shall survive termination of this Agreement.
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2) Interest built over the time as agreed and stipulated upon by you, on top of your money invested. PLUS Bonus incentives paid out in cash This is an investment agreement from you into the Business platform investment account for Cherlano Pty Ltd, 2016002598/7 in existence since January of 2016, with FNB Instead of the usual daily account, your money will be rather growing monthly on the business rate of our secured investment account 500 citizens will be accepted and it is currently open to the public. Your minimum amount is R 20 and Maximum is your choice and wired, have the total 100 percent decision of the monthly affordable rate you are able to afford every month
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APPLICATION FEES
There are no charges for your application, whether it is approved or not. If you are successful, your interest and term will be discussed with you prior to entering your loan agreement. There are NO hidden costs that will surprise you later – we believe in total transparency from the outset
NO upfront payments the fee is repayable in flexible instalments over the period of the investment. A consultant is available to discuss any of your questions prior to entering into a facility agreement. Please contact us if you would like to increase or halt your Investment, as this is an automatic process. Most investors opt to start to consider increasing or refinancing your investment subject to us meeting your expected criteria and responsible investment obligations. These will be disclosed upfront. Non-payment may affect your credit rating, which may in turn affect your ability to invest in the future. And completed success growth of your investment Will only threefold improvement of your credit status more especially
FINANCIAL IMPLICATIONS OF NON-PAYMENT
Additional fees may be imposed for non-payment, depending on the policy of the individual investor. We have both investment plans for both the employed, as well as the strong cyber employed earning over a period of 3 months. These will be disclosed upfront and ahead of you entering into any facility agreement in exchange-traded fund.
What are ETFs combine a set of securities into a “basket” to achieve this goal. Importantly, investors are able to trade ETFs like shares through brokers on a stock exchange, which makes them liquid. Generally, investors can invest in equity, bond, multi-asset class or commodity ETFs. An example of an equity ETF is the Satrix FINI, which invests in the 15 largest financial services companies in SA. This means that if you believe the environment is favorable for financial sector companies, you gain exposure to the 15 biggest ones without having to analyze or “stock pick” specific companies to find the winners. In addition, Easy Equities has a wide range of SA’s growing number of JSE-listed ETFs available on its platform that are focused on local and offshore assets.
While buying one share exposes you to the risk of a single company, an ETF provides exposure to multiple companies in a single transaction, which reduces risk. For example, this means that when one company suffers a sell-off in an equity ETF, it would only be a small percentage of the fund. This is especially useful in a portfolio of ETFs which includes different sectors or asset classes. Other advantages include improved liquidity (as it trades like a share) and low cost due to ETFs being a passive, rather than active investment. As with any investment, there are risks involved. When investing in ETFs, investors take on market risk, which implies that if the index being followed declines in value, then the basket of security.
An ETF with a simple investment process and lowest possible cost is key. In addition, ETFs that can be included as part of a tax-free savings account (TFSA) are also highly beneficial as it enables you to maximize the tax-free portion of your savings and interest the ideal ETF should also suit your risk, capital and time profile. Simply put, higher-risk ETFs are probably more suitable for investors with a high-risk tolerance and a large amount of capital to invest over any time period. In SA, where the savings rate is low and retirement savings are key, we would be inclined to recommend ETFs that are easy to understand, cost-effective and can form part of a TFSA with a view to investing over the long term, we recommend that investors choose an ETF with a diversified ETF portfolio or total portfolio in mind. This would enable you to choose ETFs most closely aligned to your available capital to invest, risk profile, time horizon and investment goals.
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