Terms of use
& Privacy Policy

TERMS AND CONDITIONS

BY ACCESSING THE WEBSITE OF OF ARKHAM CAPITAL (PTY) LIMITED ("TIER1FX INTERNATIONAL"), WWW.TIER1FX.CO.ZA, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ADVICE OF AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE POSTED ON THE ARKHAM CAPITAL LIMITED'S WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

Unauthorized use of Tier1FX International International’s website and/or its systems, including but not limited to unauthorized systems access, fraudulent or manipulative use of passwords or unauthorized use of information posted to or contained in Tier1FX International’s website or any affiliated or collateral Tier1FX International site is prohibited. You acknowledge that Tier1FX International is authorized to disclose and/or make use of any information that you provide via the Tier1FX International Websites to (a) any company entities affiliated with Tier1FX International, its agents or information providers; (b) to any other person or entity with your consent or (c) to any person or entity to whom a disclosure duty exists or if otherwise permitted or compelled to so disclose such information by law. By accessing the Tier1FX International websites you are consenting to the transmission, transfer or processing of such information to, or through, any country in the world. All use of Tier1FX International website(s) may be monitored and documented and accessing the website(s) expressly consents to the monitoring and documenting.

Copyright Notices
All works of authorship on the Tier1FX International sites, including but not limited to all design, text, sound recordings, images, and videos (“Properties”) are owned, unless otherwise noted, by Arkham Capital (Pty) Limited. Unless expressly authorized, Properties may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without Tier1FX International’s prior written consent with exception for permitted use under applicable statutes. All use of the Property must carry notice of Arkham Capital (Pty) Limited’s proprietary rights.

Trademark Notices
Tier1FX International’s logos are trade-marked, and any use of such trademarks must feature a proprietary notice of Arkham Capital (Pty) Limited’s ownership.

Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but Tier1FX International does not warrant its completeness, timeliness, correctness or accuracy. The information on the Website is not intended as an offer or solicitation of any financial instrument in any market. The information and materials contained in this Website and applicable terms and conditions of the access to and use of the information are subject to amendment without notice. Services made available or described may be discontinued or changed without notice and their associated costs, charges, interest rates, volume or equity requirements may vary according to time, place and user qualifications and may not be available in all locations or offered to all interested parties. You agree that with relation to Tier1FX International websites you will not undertake actions that are contrary to applicable law, regulation or to the terms of contracts you entered into with Tier1FX International. Time sensitive information is published as of its date only and Tier1FX International undertakes no obligation to update or amend the information. Tier1FX International makes no distribution or solicitation to use its websites or contents of the sites in jurisdictions where such information, products, services are prohibited.

Potential Disruption of Service
Tier1FX International’s websites may be unavailable, delayed, limited, slowed or otherwise unavailable at certain times. If access to Tier1FX International’s website is unavailable, delayed or limited, instructions for transactions and other matters may not be executed or may be executed in an inefficient manner and you may be unable to access data on a timely basis. Tier1FX International accepts no liability and you agree not to hold Arkham Capital (Pty) Limited for any loss, without limitation, that you may suffer as a result of the delay or inability to access the website or its contents or associated services provided via the website.

Links to Other Sites
Website links to third party websites are provided solely for reference and neither Tier1FX International nor Arkham Capital (Pty) Limited controls these websites or offers any endorsement of such sites or their contents or otherwise take responsibility for ideas, opinions, ideas, products or other content on such sites. If you choose to link to a third-party website no warranties, either express or implied, concerning the content of a site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose is made by Tier1FX International. Moreover, without limitation, Tier1FX International does not warrant that any third-party site or content is free from copyright, trademark or other intellectual property infringement, or viruses or other contamination.

Legal Entity Disclosure
Tier1FX International is the branded offering of Arkham Capital (Pty) Limited, a company incorporated in South Africa, with registered address The Grange, 140 Bauhinia Road, Technopark, Centurion 0169, South Africa. Arkham Capital (Pty) Limited is authorised by the Financial Sector Conduct Authority as a Financial Services Provider (FSP 53853).

Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Tier1FX International. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of South Africa.


LIMITATION OF LIABILITY

THE WEBSITE (AND ITS CONTENTS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE. TIER1FX INTERNATIONAL DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL OR POTENTIALLY DAMAGING CODE. TIER1FX INTERNATIONAL DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, WITHOUT LIMITATION NEITHER TIER1FX INTERNATIONAL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND USER FILES, BROWSER OR OTHER ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TIER1FX INTERNATIONAL'S OR ITS AFFILIATES’ CONTROL. WITHOUT LIMITATION, NO LICENSE OF ANY TYPE OR DESCRIPTION IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITATION, NEITHER TIER1FX INTERNATIONAL NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR THE INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER TIER1FX INTERNATIONAL HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.