Ranked #1 sell-side M&A advisor in sub-Saharan Africa (2014 Zephyr/Bureau van Dijk)

Terms of use

1. Application of these Website Terms of Use

1.1. These Website Terms of Use govern users (“you,” “your”) access to and use of www.xigo.co.za (the “Website”). By accessing this Website you agree to these Website Terms of Use, which are legally binding on you.

1.2. This Website is owned and operated by XIGO, ExecuJet Business Centre, 1st floor, Tower Road, Cape Town International Airport, Cape Town, 7525, South Africa

2. Purpose Specification and Permitted Use of this Website

2.1. The purpose of this Website is to provide information on the services of XIGO in the field of sale and purchase of privately owned companies, to facilitate contact of potential vendors and buyers interested in such services and to arrange meetings, seminars and other events for such interested parties with a view to XIGO providing such services under contract. This Website also provides you with access to downloadable online magazines, e-books and other publications provided by XIGO.

2.2. Your access to and use of this Website is permitted by XIGO for the purpose of viewing the information contained on this Website relating to XIGO’ services, contacting and communicating with XIGO about their services and arranging to attend meetings, seminars and other events hosted by XIGO in order to obtain further information and/or commission services from XIGO.

2.3. You may print one copy of the web pages published on this Website (including any online publications such as downloadable online magazines and e-books) for internal use only, provided that you reproduce the web pages accurately without modification and that you do not use such copies of web pages for commercial gain or in a misleading context and that any copyright notices and trade marks that appear on any copied web pages are not removed from such copies.

2.4. You agree that you must obtain XIGO’ express written permission in advance if you wish to use material or works on this Website for any other purposes than those permitted above.

3. Restrictions on Use of this Website

3.1. You will not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute or otherwise assign or purport to assign to any third party the whole or any part of this Website (including any downloadable magazines or e-books which you may obtain from this Website).

3.2. At any time and without further notification, XIGO reserves the right to remove any information or materials posted or otherwise introduced onto this Website by you that it considers in its sole discretion breaches these Website Terms of Use and in particular as set out below.

3.3. You agree that your access to and use of this Website will not involve any action to interfere with this Website’s operation or wilfully introduce any damaging data or computer virus to this Website, and you will not attempt to access, modify or delete any information on this Website or to post or otherwise introduce onto this Website any misleading material or material which may bring XIGO into disrepute.

3.4. You agree that your access to and use of this Website will not involve any action to post or otherwise introduce onto this Website any unlawful information or materials including but not limited to defamatory, sexually explicit, abusive or obscene information or materials of any kind or material that violates any person’s Intellectual Property Rights or other legal rights.

4. Requesting Information and Use of XIGO’ Services

4.1. On this Website facility is provided for you to register your personal details with XIGO indicating interest in being contacted by XIGO regarding provision of their services or applying to attend a XIGO seminar or other event by submitting an online form. XIGO will use all reasonable endeavours to respond to all such requests by you promptly and efficiently.

4.2. You are responsible for providing accurate and complete information on information request forms on this Website and XIGO will not be liable for any errors made by you. In the event that XIGO does not respond to any such request, XIGO kindly requests that you re-submit your request or telephone XIGO on the number indicated on this Website.

4.3. Processing of your personal data provided by you will be carried out by XIGO in accordance with XIGO’ Privacy Policy.

4.4. In the event that you may wish to use the services of XIGO as outlined on this Website (including paid for services by XIGO in undertaking a review of sellers’ businesses with a view to entering into a contractual arrangement to identify and introduce a buyer in return for a commission payment) you acknowledge and accept that further information must be sought from XIGO and negotiation of a specific contract between you and XIGO in relation to the provision of XIGO’ services will be required before XIGO provides services to you.

5. Disclaimers and Liability

5.1. Nothing in these Website Terms of Use will exclude or restrict XIGO’ liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of XIGO’ negligence.

5.2. Whilst XIGO uses all reasonable endeavours to ensure that the information and materials provided on this Website are accurate and complete, XIGO makes no representation or warranty as to the quality, suitability, accuracy or completeness or otherwise of any of the information and materials provided on this Website which are provided on an “as is” and “as available” basis, and reliance on such information and materials by you are at your own risk.

5.3. This Website is provided via a server through the Internet and as a result XIGO cannot warrant that this Website will function consistently or be uninterrupted or error free at all times. Accordingly, errors and downtime may occur in relation to this Website from time to time and whilst XIGO will use all reasonable efforts to remedy the same XIGO cannot warrant that such errors will be corrected or that such downtime will be resolved promptly, particularly where such errors and downtime are caused by third parties or events outside XIGO’ control.

5.4. XIGO cannot and does not warrant that this Website and the servers that make it available via the Internet are free of viruses or other harmful data (which may include worms, Trojan horses, cancel-bots, or other harmful and destructive components) which may damage your computer equipment or lead to loss or corruption of data, and XIGO will not be liable for any such damage whatsoever. Accordingly, XIGO recommends that at all times when accessing and using this Website you use sufficient anti-virus software.

5.5. XIGO hereby excludes liability whether in contract, tort, by statute or otherwise in respect of any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Website or the information and materials contained on this Website including without limitation: loss of revenue or profits, loss of business, loss of goodwill, loss or corruption of data and/or downtime.

6. Hyperlinks and Banners

6.1. You acknowledge and accept that this Website may contain links to third party websites and/or portals (“Links”). Such Links are provided for your convenience only and XIGO will not be liable for the web content accessible via such Links or the availability websites accessible via such Links. If you click on a Link you leave this Website and do so at your own risk.

6.2. The existence of Links on this Website does not imply that XIGO in any way endorses or is associated with the owners of the websites accessible via such Links or that the owners of websites accessible via any such Link are authorised to use any copyright material, trade mark or logo of XIGO.

7. Intellectual Property Rights

7.1. The materials and works on this Website are copyright works owned absolutely by XIGO which is the owner of all copyright, trade mark, patent, trade secret, or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) in the content on this Website unless otherwise stated. Where there are third party materials or works reproduced on this Website (including in Links on this Website), XIGO is not the owner of the Intellectual Property Rights in such third party materials and works and does not grant you permission to use or reproduce them under this clause 2. In the event that you wish to use or reproduce such third party materials and works you must contact the third party owner directly, over which XIGO has no control.

7.2. XIGO does not warrant that any material or content posted or otherwise introduced onto this Website by users of this Website or provided by third parties will be truthful, accurate or honest or that such material or content does not infringe the Intellectual Property Rights or other rights of any third party and will XIGO be not liable or responsible for any such material or content. XIGO will make reasonable efforts to remove any such offending or infringing material or content from this Website upon notification of an alleged infringement.

7.3. You agree that you will direct any complaint or action regarding any alleged infringement of Intellectual Property Rights or other rights relating to the material and content on this Website to XIGO via the relevant contact form on this Website.

8. Termination

8.1. Your authorisation to use this Website will automatically terminate if you breach any of these Website Terms of Use.

8.2. Any breach of these Website Terms of Use will entitle XIGO to immediately terminate your access to and use of this Website with or without notice, and to delete any information or materials posted by you or otherwise introduced by you onto this Website.

8.3. In the event of termination of your access to and use of this Website by XIGO you agree that you will immediately destroy any copies of downloaded or printed materials in your possession.

9. General

9.1. XIGO reserves the right to modify these Website Terms of Use at any time without notice. Any such modification will be effective and binding immediately on posting on this Website. Amendments to these Website Terms of Use will not be valid unless they are made in writing in this way by XIGO.

9.2. Failure by either party to insist upon strict performance of any provision of these Website Terms of Use will not constitute a waiver of that provision nor affect the enforceability of the remaining provisions of these Website Terms of Use.

9.3. If any provision in these Website Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Website Terms of Use, which will remain in full force and effect.

10. Jurisdiction and Governing Law

10.1. XIGO does not represent or warrant that the information on this Website complies with the regulatory regime of any other country than the United Kingdom. If you access this Website from other locations outside England and Wales you do so entirely on your own risk and you are responsible for compliance with local laws.

10.2. These Website Terms of Use will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.