Although VentureX Capital (Pty) Ltd (“VX CAPITAL”) has taken care to ensure that the content on this website is true and accurate, VX CAPITAL cannot be held responsible for any inaccuracies in the information herein.
The information and content (collectively ‘information’) provided herein are provided by VX CAPITAL as general information. VX CAPITAL does not guarantee the suitability or potential value of any information or particular investment source. Any information herein is not intended as, nor does it constitute financial, tax, legal, investment, or other advice. Before making any decision or taking any action regarding your finances, you should consult a qualified Financial Adviser. In the absence of a full needs analysis in respect of a particular investor, the investor understands that there may be limitations on the appropriateness of any information in this website with regard to the investor’s unique objectives, financial situation and particular needs.
The use of this website is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.
VX CAPITAL and its affiliates, shareholders, its respective directors, agents, consultants or employees shall not be responsible and disclaims all loss, liability or expenses of any nature whatsoever which may be attributable directly, indirectly or consequentially to the use of the information provided and relation to your use of this website or the online services or the information contained on this website or your inability to use this website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, and delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, VX CAPITAL does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
Without derogating from the generality of the above, we will not be liable for:
- Any interruption, malfunction, downtime or other failure of the site or online services, our system, databases or any of its components, for whatever reason;
- Any loss or damage arising from your investment decisions, purchases or disposal of goods and services, including financial instrument, based on the information provided on this site;
- Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of VX CAPITAL’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; negligence on our part;
- Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers (currently Eskom). Local authorities and certification authorities
- Any event over which we have no direct control.
Warrantee by you
- You hereby warrant that you have full legal capacity required to enter into a contractual relationship and that you will be bound by contractual terms. All minors must be assisted by their legal guardians when reading these conditions and entering into any contractual relationship. If you are unsure regarding your legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site.
- You hereby warrant that all information provided by you to VX CAPITAL via the website and in whatsoever format will in all respects be accurate, current and complete.
- You will fully disclose all material and relevant facts to VX CAPITAL, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.
Indemnity
You agree to indemnify and hold harmless VX CAPITAL and its affiliates, shareholders, its respective directors, agents, consultants, employees and any third party information providers from and against all losses and expenses (including attorney and own Investor costs), resulting from any failure to adhere to these terms of use by you.
Electronic Transactions and Instructions
You agree that VX CAPITAL is authorised, but not obliged, to accept and implement all signed instructions, applications or other communication received by facsimile, e-mail or other form of electronic communication from, or which may purport to be from you, or from an authorized person/agent on behalf of the you.
VX CAPITAL shall be entitled to treat such instruction, application or other communication as fully authorised by and binding upon you and VX CAPITAL shall be entitled (but not bound) to take such steps in connection with or in reliance upon such instruction, application or other communication as VX CAPITAL may in good faith consider appropriate.
In consideration of VX CAPITAL acting in accordance herewith, the Investor undertakes to indemnify VX CAPITAL and to keep VX CAPITAL indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses of whatever nature and howsoever arising, out of or in connection with VX CAPITAL acting on such instruction, application or other communication referred to above.
Dispute Resolution
Subject to the relevant service terms, in the event of a dispute arising as a result of your use of the website or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), could be submitted to and decided by arbitration.
Certificate
A certificate signed by any one of VX CAPITAL’s directors will constitute prima facie proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date.
Our address for all notices and service of legal process or chosen domicilium citandi et executandi (address for any legal notice), is:
Director, Office L7-002, The View, 43 Old Oak Rd
Tygervalley Health Care Centre
Bellville, Cape Town, 7530
Governing Law
The conditions will be governed and construed in accordance with the law of the Republic of South Africa.
Statutory Disclosure and General Terms and Conditions:
Electronic Transactions
Investors agree that VX CAPITAL shall be entitled to implement all instructions and applications of whatever nature received on their Internet site, by telephone, by fax or any other the Investor agrees that the Manager shall be entitled to implement all instructions and applications of whatever nature received on their Internet site, by telephone, by fax or any other electronic medium and which appear to emanate from the Investor. The VX Capital is indemnified against any losses, claims or damages arising from acting on such instructions and/or applications, notwithstanding that it may later be proved that any such instruction was not given by the Investor. The Investor agrees that the electronic records of all instructions and applications processed by/or on behalf of him/her or which purport to be processed on behalf of the Investor via the Manager’s Internet site, telefax, telephone or any other electronic medium shall constitute prima facie proof of the contents of such instructions and applications.
VX CAPITAL will not be held responsible for any failure, malfunction or delay of any networks, electronic or mechanical device or any other form of communication used in the submission, acceptance and processing of applications and/or transactions. VX CAPITAL will not be liable to make good or compensate any investor or third party for any damages, losses, claims or expenses resulting there from.
General
- Venture Capital and Private Equity investments are generally medium to long term investments.
- The value of participatory interests may go down as well as up and past performance is not necessarily a guide to the future.
- The Manager reserves the right to close certain Portfolios from time to time in order to manage them more efficiently. More details are available from the Manager.
- The Investor confirms that neither the Manager nor any of its staff provided any advice and that the Investor has taken particular care to consider whether the investment is appropriate considering the unique investment objectives, financial situation and particular needs.
- Dividends tax: SARS will levy a withholdings tax on dividends at a rate of 20% with effect from 1st April 2017. If you are an exempt entity or if you are liable for dividends tax at a reduced rate then please download and complete the Exemption form or the Reduced Rates form. These forms are available on VX CAPITAL’s website. The default rate of 20% will be applied to all Investors if an Exemption from tax or the Reduced rates form is not supplied at the time we receive your Investment application form.
- If the Manager receives a deposit and cannot identify the Investor within 30 days of deposit, an instruction will be sent to the bank, to return the monies to the bank account where the funds were received from.
FICA
The Investor agrees to provide all documentation and information required in terms of the Financial Intelligence Centre Act, No. 38 of 2001, and understands that the Manager is prohibited from processing any transactions on the Investor’s behalf until all such documentation and information has been received unless the FICA submission and declaration has been completed by the Financial Adviser.
Statements
- Where applicable, IT3B and IT3C documents will be sent to Investors by May each year.
