This website can be accessed worldwide however the information on the website is related to Saxo Capital Markets South Africa (“SCMSA”) and is not specific to any other country. All clients will directly engage with SCMSA and all client agreements will be entered into with SCMSA and thus governed by South African Law.
Any fact, assessment, analysis, forecasts, opinion and other information (collectively “Information”) released by:
- SCMSA; or
- any director, officer, employee or representative hereof
whether provided on SCMSA’s websites, on third party websites, in marketing materials, newsletters, in individual e-mails and letters, in lectures, individual conversations or in any other form of written or verbal communication (collectively “Publications”) are provided for informational and/or marketing purposes only.
Unless specifically stated, no Publication of SCMSA should be construed as an offer (or solicitation of an offer) to:
- buy or sell any currency, product or financial instrument;
- make any investment; or
- participate in any particular trading strategy;
Notwithstanding anything to the contrary (not even if specifically stated), no Publication of SCMSA should be construed as an Offer in any jurisdiction in which such Offer would be illegal. Any such perceived Offer will not be honored by SCMSA.
No Representation, No Warranty
SCMSA uses reasonable efforts to obtain information from reliable sources, but all Publications are provided on an "as is" basis without representation or warranty of any kind (neither express nor implied) and SCMSA disclaims liability for any Publication not being complete, accurate, suitable and relevant for the recipient. Specifically, SCMSA disclaims liability towards any subscriber, client, partner, supplier, counterparty and other recipients for:
- the accuracy of any market quotations;
- any delay, inaccuracy, error, interruption or omission in providing market quotations; and
- any discontinuance of market quotations.
The Publications of SCMSA are not updated after their release and may due to changing circumstances become inaccurate and possibly misleading after a period of time which may vary from seconds and minutes to days, weeks and months depending on the Information. SCMSA gives no guarantee against, and assumes no liability towards any recipient for, a Publication being outdated.
If a Publication becomes outdated SCMSA shall be under no obligation to;
- update the Publication;
- inform the recipients of a Publication; or
- perform any other action.
Any Publication may be personal to the author and may not reflect the opinion of SCMSA. SCMSA reserves the right at its sole discretion to withdraw or amend any Publication or Information provided at any time without notice (prior or subsequent).
SCMSA does not in any of its Publications take into account any particular recipient’s investment objectives, special investment goals, financial situation, and specific needs and demands. Therefore, all Publications of SCMSA are, unless otherwise specifically stated, intended for informational and/or marketing purposes only and should not be construed as:
- business, financial, investment, hedging, legal, regulatory, tax or accounting advice;
- a recommendation or trading idea; or
- any other type of encouragement to act, invest or divest in a particular manner;
SCMSA shall not be responsible for any loss arising from any investment based on a perceived Recommendation.
Notwithstanding anything to the contrary (not even if specifically stated), no Publication (including possible Recommendations) shall be construed as a representation or warranty (neither express nor implied) that the recipient will profit from trading in accordance with a trading strategy set forth in a Publication or that the recipient will not sustain losses from trading in accordance with a trading strategy set forth in a Publication. SCMSA shall only be liable (in accordance with the “Limitation of Liability” section below) if a possible Recommendation is not of a good professional standard.
Trading in the products and services of SCMSA may, even if made in accordance with a Recommendation, result in losses as well as profits. In particular trading in leveraged products, such as but not limited to, foreign exchange, derivatives and commodities can be very speculative and losses and profits may fluctuate both violently and rapidly.
Speculative trading is not suitable for all investors.
Any mentioning, if any, in a Publication of the risks pertaining to a particular product or service may not and should neither be construed as a comprehensive disclosure nor full description of all risks pertaining to such product or service and SCMSA strongly encourages any recipient considering trading in its products and services to employ and continuously consult suitable financial advisors prior to the conclusion of any investment or transaction.
Local regulatory restrictions
SCMSA’s Publications may be accessed worldwide. The Information provided in such Publications is however only intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations. None of the products and services referred to in the Publications of SCMSA are available to recipients residing in countries where the provision of such products and services would constitute a violation of mandatory applicable legislation or regulations.
It is the sole responsibility of any recipient employing or requesting a product or service of SCMSA to comply with all applicable legislation or regulation.
Use of the website
SCMSA shall not be liable for any damage or injury arising out of any person’s or entity’s access to, or inability to access, the website of SCMSA. This limitation includes, but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
Consulting the website of SCMSA does not constitute a customer relationship and SCMSA shall not have any duty or incur any liability or responsibility towards any person or entity as a result of such person or entity consulting the website of SCMSA.
When applying for an account with SCMSA, each applicant will be subject to the relevant set of business terms. All applicants and clients are deemed to have read and understood the business terms and related policies applicable to them and their relationship with SCMSA.
Consulting a website or receiving a Publication of SCMSA does not constitute a customer relationship and SCMSA shall not have any duty or incur any liability or responsibility towards any person or entity as a result thereof.
Third party services
Persons or entities not belonging to SCMSA may advertise on the SCMSA website, through links, banners or otherwise. SCMSA shall not be held responsible or liable for the offerings, information or acts of any such third party. If a user of SCMSA’s website decides to act upon any such advertising, such user does so entirely at its own risk.
Limitation of Liability
If SCMSA at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of SCMSA shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.
Conflict of interest
SCMSA may act as market maker in all products and services not traded on an exchange (i.e. OTC products such as foreign exchange and CFDs) and may therefore be the counterparty in any trade conducted by customers in these products.
Privacy and Use of Personal Data
When signing up for a demo or live account, SCMSA may, for administrative, commercial and/or legal purposes, require and store information about the user, including, but not limited to, name and address. Furthermore, SCMSA may require some financial information for credit assessment purposes, as well as users’ e-mail address to be able to mail the login information. Users’ e-mail addresses will not be passed on to third parties, but may be used by any entity of the Saxo Bank Group for the promotion of its products and services.
SCMSA will treat personal data as confidential and will not pass on or use any personal data without valid legal grounds.
All personal data benefits from this full protection and will only be disclosed to third parties such as administrative or judicial authorities if SCMSA is compelled to do so pursuant to the applicable law, or if the registered has given its written consent to such disclosure. The registered may revoke such consent or modify its extent at any time.
Without prejudice to the above, SCMSA can disclose the following information:
- General customer data, such as name, address and personal registration number, to companies carrying out administrative tasks for SCMSA.
- General customer data about corporate customers to financial institutions subject to professional secrecy, for the purpose of marketing and advisory services.
If the data held about a registered of SCMSA proves inaccurate or outdated, SCMSA will correct the registered data immediately upon the request of the registered. The registered may also choose to modify its data on its own initiative by contacting SCMSA directly. Questions and concerns can be directed to SCMSA by e-mail at firstname.lastname@example.org or by telephone at +27 10 201 6300.
SCMSA is an authorised financial services provider and is regulated by the South African Financial Services Board, with FSP number 40983.
This disclaimer and any dispute arising from or in relation thereto, including disputes regarding its legality, validity, binding effect (including adoption) and enforceability, shall be settled by the South Gauteng Division of the High Court of South Africa in accordance with and subject exclusively to the laws of South Africa. However, SCMSA reserves the right to start legal proceedings wherever it deems fit, namely, but not exclusively, in places where the defendant possesses assets.
Saxo Capital Markets SA (“Saxo SA”) is an Authorised Financial Services Provider in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 and is regulated by the Financial Services Board under Reg. No. 40983.
If there is any advice in this email, it is general advice only and has been prepared by Saxo SA or one of its related entities. The contents of this email and any attachments are confidential, may be privileged and is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. If you have received it in error, do not disclose, distribute, retain it or any part of it, or take any action in reliance of the contents. You are further requested to notify the sender immediately and delete the email. Views and opinions are those of the sender and may not necessarily be interpreted as reflect the views or opinions of Saxo SA.Saxo SA has made every reasonable effort to ensure the information provided is correct; however, Saxo SA neither represents nor warrants as to the accuracy or completeness of the information. Email transmission security and an “error-free” status cannot be guaranteed as information could be intercepted, corrupted, destroyed, delayed, incomplete, or contain viruses. Saxo SA therefore does not accept liability for any loss or damage resulting from the opening of this message and/or attachments and/or the use of the information contained in this message and/or attachments.Saxo SA, its affiliates or its employees may also have interests in the financial products referred to in this information by acting in various roles. They may buy or sell the financial products as principal or agent and as such may effect transactions which are not consistent with any recommendations (if any provided in this information). Saxo SA or its affiliates may also receive fees or brokerage for acting in the aforementioned capacities.Trading in the products and services offered by Saxo SA may, even if made in accordance with a recommendation, result in losses or profits. In particular, trading in leveraged products such as, but not limited to, foreign exchange, derivatives and commodities can be very speculative and losses and profits may fluctuate violently and rapidly. Any mentioning in a publication of the risks pertaining to a particular product or service may not and should neither be construed as a comprehensive disclosure nor a full description of all risks pertaining to such product or service and Saxo SA strongly advises any recipient considering trading in its products and services to employ and continuously consult suitable financial advisors prior to the conclusion of any investment or transaction. No person shall have any claim of any nature whatsoever arising out of or in connection with the contents of the email against Saxo SA or any of its affiliates and/or employees. Electronic communications carried within the Saxo Capital Markets SA system may be monitored.