Terms of Use

Overview

The terms of use set out below apply to this website owned, operated, or sponsored by any member of the BIHL Group – unless specifically provided otherwise. By using the BIHL Group website these Terms of Use apply to you and you agree to comply with the terms of Use.

BIHL Group reserves the right to change the content of the website and may regularly change the Terms and Use thereof. Please address any comments or inaccuracies contained in the website to BIHL Group Marketing and Communications.

Nature of Website Contents

  • Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.
  • Subscribing to any service or buying any product through the website where applicable  is subject to BIHL Group’s and Subsidiaries contractual terms and conditions, and applicable legislation.
  • Where BIHL Group provides a link to a third party website, it does not necessarily mean that the Group endorses, authorises, or sponsors that website, or that BIHL Group is affiliated to such website's owners or sponsors.
  • The content or information displayed on the BIHL Group website or any third party website which may be accessed through links provided on the BIHL Group website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the BIHL website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.
     

No Warranties  

While BIHL Group will take care to provide accurate information on the website, the information displayed on the BIHL Group website is provided without any express or implied warranty. In particular, BIHL Group 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.

Warranties Provided by You

For all purposes, you warrant and confirm;

  • Your identity (that is, you are who you say you are), and that you can prove your identity should  BIHL Group require you to do so;
  • That all information you provide at any time to BIHL Group using the BIHL website will in all respects be current, complete, and accurate;
  • That you will provide to BIHL Group all material and relevant facts required by the Group as may be appropriate to any dealings you have with BIHL. If you do not provide the information, or provide information that is incorrect, BIHL may, at its discretion, cancel the agreement or transaction arising from your dealings with BIHL.
     

Visitors From Foreign Countries

  • Use of the BIHL Group’s website or the purchase of services or products from the country from which you may access the website may be illegal in that country. Your use of the website for any purchase that you may make is entirely at your own risk. It is recommended that you ensure that use of the BIHL Group website for any purchases made by you are not in violation of the laws of any country by which you may be governed.
  • BIHL Group's services and products may not be available in your country. Contact BIHL Group or your local financial or legal adviser/ Regulator to find out whether, and if so which of, BIHL Group's services and products may be available to you.
     

Privacy Policy

Your privacy is important to BIHL Group. Personal information transmitted to BIHL Group will be treated confidentially.

Restricted Use 

Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the BIHL Group website are for your personal and non-commercial use only. You may not -

  • Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have BIHL Group's prior written authorization;
  • Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage BIHL Group's image or impair its ability to do business;
  • Use the website in a manner that could damage, disable, overburden, or impair any BIHL Group server (computer), or network connected to any BIHL server, or interfere with any other party's use of the BIHL website;
  • Interfere with any content displayed on the BIHL website or attempt or gain unauthorized access to the information displayed on the website to which you may not be authorized, or to any secure area on the website, a BIHL server or any other part of the BIHL information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the BIHL Group website or to gain access to information or any part of the BIHL  information system to which you are not authorized, is unlawful and is an offence in terms of the Cyber Crime and Computer Related Crimes Act 22 of 2007
  • Create a link from another website to the BIHL Group website, or any of the web pages which constitute the BIHL website, without BIHL Group's prior written consent;
     

Intellectual Property Rights

The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by BIHL Group.
As the intellectual property rights in the content referred to immediately above are protected against infringement. It may not be used in any way without BIHL Group’s prior written consent.

Electronic Transactions, Communications, and Records 

  • When you communicate with BIHL Group by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by BIHL. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by BIHL satisfy any legal requirement that such communications should be in writing.
  • BIHL will try by all means to ensure that it mitigates risks associated with electronic communication but will not be liable for any inherent risk thereto.
  • You consent to BIHL Group acting on the information communicated to BIHL electronically. You are responsible to ensure that BIHL Group has received the information communicated electronically.
  • You acknowledge and consent that BIHL Group, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by BIHL will constitute rebuttable proof of the content of the records.
  • Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of BIHL Group.
     

Breach

BIHL Group reserves the right to -

  • Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) BIHL Group is unable to verify or authenticate any information you provide to it; or (c) BIHL Group believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place the Group in disrepute;
  • Refer any breach to the police if such breach constitutes a crime;
  • Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
     

Indemnity  

You agree to indemnify and hold harmless BIHL Group, any member of the BIHL Group and its respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses resulting from any failure to adhere to these terms of use by you.

Jurisdiction and Applicable Law 

  • Your use of the BIHL Group website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the court of Botswana.
  • Any claim arising from –
  • The use or inability to use the website;
  • An application for, and the rendering of a service or providing of a product; is subject to the laws of the Republic of Botswana
  • All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.