1.    Acceptance of the Terms of Use.

Welcome to our website. These terms of use are entered into by and between you and AFCAP AG Switzerland (AFCAP/we). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively the Terms of Use) govern your access to and use of www.afcap.ch (the Website). The access to and use of this Website are based on the assumption that these Terms of Use have been read, understood and accepted by you. If you do not want to agree to these Terms of Use, you must not access or use the Website.

2.    Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.    Reliance on Information Posted.

‍The information presented on or through the Website (including but not limited to, any projections, estimates, assumptions or estimates relating to property information published on the Website) is made available solely for general information purposes and does not represent the current or future performance of any project or property. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You and your advisors should conduct an independent and careful investigation of any project or property to determine to your satisfaction the suitability of the project or property for your purposes. 

4.    Intellectual Property Rights.

‍All content, graphics, logos, photographic images, icons, functionality, multimedia and related documents on the Website are the property of AFCAP AG, its licensors or other providers of such material and are protected by international copyright, trademark, patent, and other intellectual or proprietary rights laws. The content, logos, photographic images, icons, functionality, multimedia and related documents on our Website may not be used in conjunction with a third-party or non-affiliated business product or service without the express permission of AFCAP AG. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by AFCAP AG. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5.    Disclaimer of Warranties.

‍You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any information or services obtained through the Website is at your own risk. The Website, its content, and any information or services obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither AFCAP AG nor any person associated with AFCAP AG makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither AFCAP AG nor anyone associated with AFCAP AG represents or warrants that the Website, its content, or any information or services obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any information or services obtained through the Website will otherwise meet your needs or expectations.

6.     Limitation on Liability.

To the fullest extent provided by law, in no event will AFCAP AG , its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Website, any websites linked to it, any content on or through the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

7.     Indemnification.

You agree to defend, indemnify, and hold harmless AFCAP AG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, or your use of any information obtained from the Website.

8.    Governing Law.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Switzerland. Any dispute arising out of or in connection with the Website and these Terms of Use, including any questions regarding its existence or validity shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.

9.    Your Comments and Concerns.

This Website is operated by VANHA located in Cape Town, South Africa. All notices of intellectual property infringement claims should be sent to the address of AFCAP AG. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contactus@afcap.ch