Terms and Conditions
Detailed Description of Goods and Services
Celestis delivers practice management, which is done directly to financial advisors or via accredited practice consultants employed by a number of our corporate clients. Our products and services include:
- Business Acid Test
- LITMUS Test
- Client Satisfaction Survey
- Income and Expense Analysis Tool
- Business Valuations
- Succession Audits
- Consultancy hours
Terms and Conditions
Who you are contracting with:
- www.celestis.co.za (the "Website") is owned and operated by Celestis Broker Services (Pty) Ltd, a subsidiary of Old Mutual South Africa Limited, registration number: 1999/004513/07 (hereinafter referred to as "Celestis").
- Visitors to the Website ("Users" or "you"), including those Users who purchase any products/services on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, please do not continue using the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
A binding agreement comes into effect between you and Celestis when:
- you electronically submit a properly completed order for one or more products/services and
- payment is either authorised, or received by Celestis in its bank account.
Termination of Agreement
Due to the nature of the goods/services being offered, once you and Celestis have concluded a binding agreement in relation to any products/services purchased on the Website, both parties will be bound until such time as we have completed our respective obligations as provided under this agreement. All remedies in relation to the goods/services shall be determined in accordance with this agreement.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the "Disputes" clause of these T&C, you and Celestis submit to the non-exclusive jurisdiction of the South African courts.
Any person who delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Celestis suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
You allow Celestis to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Spiders and Crawlers
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Celestis. Such permission could be obtained from info@celestis.co.za.
Hyperlinks
No person, business or web site may link to any page on this Website without the prior written permission of Celestis. Such permission could be obtained by contacting info@celestis.co.za.
Hyperlinks provided on this Website to non-Celestis sites are provided as is and Celestis does not necessarily agree with, edit or sponsor the content on such web pages.
Framing
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
Celestis may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Celestis on any matter provided for in, or arising out of these T&C, and not resolved through the Head of Practice Management of Celestis, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.
Address for Delivery of Important Documents and Communications
Celestis chooses as its domicilium citandi et executandi (ie its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents, the following address: Pinewood Park, Ground Floor, Cnr Forest Drive and Lonsdale Road, Pinelands, 7405, South Africa.
For all communications of an operational nature or in relation to which you require assistance with regard to this website or the services/products must be addressed to info@celestis.co.za
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Celestis from time to time, for so long as the Website exists and is operational, Celestis being entitled to terminate these T&C and/or shut down the Website at any time.
Electronic Communications
When you visit the Website or send e-mails to Celestis, you consent to receiving communications from Celestis electronically and agree that all agreements, notices, disclosures and other communications sent by Celestis satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
The Electronic Communications And Transactions Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to you:
Full name: Celestis Broker Services (Pty) Ltd, a subsidiary of Old Mutual South Africa Limited, registered in South Africa, registration number 1999/004513/07
Main business: Provision of Practice Management services to Financial Services Providers (FSP's)
Physical Address: Ground Floor, Pinewood Park, Cnr Forest Drive and Lonsdale Road, Pinelands,7405
Postal Address: P O Box 856, Howard Place, 7450
Contact telephone number: +27 21 530 5866
Webmaster: webmaster@celestis.co.za
Website: http://www.celestis.co.za
Customer Privacy Policy
Further information regarding the manner in which we respect the privacy of users' personal information is contained in our Privacy Policy.
Termination of Services
Without prejudice to any other rights or remedies in law, we may cancel any one or more of your products/services forthwith if you breach any of your obligations hereunder and we may refuse to accept any further requests from you.
Payment Terms and Conditions
Where applicable, Celestis cannot accept your order until you have paid for it in full.
Upon payment, Celestis will confirm receipt of your order by an acknowledgement displayed onscreen once your payment details have been accepted, followed by an e-mail containing your invoice which will be sent to the e-mail address you provide in your order details.
You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "confirm order" button on the checkout page. Your order represents an offer to Celestis to purchase the products/services which is accepted by Celestis when we send you an e-mail confirming acceptance of your order. A legally binding contract between us is created at the point of our acceptance of your order.
Celestis reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to you or anyone else in those circumstances.
The supply of products/services is subject to availability and where you are situated more than 100 kilometres outside a metropolitan area, then the business consultancy visit can be other than on-site.
Prices
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed. The amount displayed is in South African Rands (ZAR). Prices may change at any time prior to (but not after) acceptance of your order.
Value Added Tax
Value added tax at the prevailing rate is charged on goods bought by South African residents. Value added tax at a rate of 0% is charged on goods and services bought by non South African residents.
Errors
Celestis shall take all reasonable efforts to accurately indicate prices. However, should products be erroneously offered at incorrect prices, Celestis will not be obliged to sell products at such incorrect prices and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price.
Payment Methods
Payment may be made via Visa, MasterCard, Diners or American Express credit cards. By using a credit card to pay for your order, you confirm that the card being used is yours. Payment can also be made via Electronic Funds Transfer (EFT) or Debit Order.
Credit card
If paying by credit card, upon payment, Celestis will confirm receipt of your order by an acknowledgement displayed onscreen once your payment details have been accepted, followed by an e-mail containing your invoice which will be sent to the e-mail address you provide in your order details.
You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "confirm order" button on the checkout page. Your order represents an offer to Celestis to purchase the products/services which is accepted by Celestis when we send you an e-mail confirming acceptance of your order. A legally binding contract between us is created at the point of our acceptance of your order.
Electronic Funds Transfer (EFT)
If paying by EFT, payment must be received in the Celestis Broker Services bank account before your order can be confirmed. On receipt of the payment, an e-mail containing your invoice will be sent to the e-mail address you provide in your order details.
Debit Order
If paying by debit order, the signed debit order form as well as the upfront payment must be received by Celestis before your order can be confirmed. On receipt of the payment and debit order form, an e-mail containing your invoice will be sent to the e-mail address you provide in your order details.
Celestis reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to you or anyone else in those circumstances.
The supply of products/services is subject to availability.
Credit Card Acquiring and Security
Credit card transactions will be acquired for Celestis via Netcash (Pty). The description on the client statement will reflect a debit by Netcash and not Celestis. Netcash uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. The users may go to www.netcash.co.za to view their security certificate and security policy.
Customer Details Separate From Card Details
Customer details will be stored by Celestis separately from card details which are entered by the client on Netcash's secure site. For more detail on Netcash refer to www.netcash.co.za
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Responsibility
Celestis takes responsibility for all aspects relating to the transaction including sale of goods and services on this website, customer service and support, dispute resolution and delivery of goods
Vouchers
Celestis may make electronic vouchers, as well as electronic promotional vouchers (hereinafter collectively referred to as "Vouchers") available on the Website from time to time.
General
Vouchers can only be redeemed -
- while they are valid, their expiry dates being unable to be extended;
- on the Website towards the purchase of Celestis products listed on the Website.
Vouchers cannot be -
- exchanged for cash; or
- transferred or assigned to any other party.
Promotional Vouchers
Promotional Vouchers are issued electronically at Celestis's own discretion. Users do not have a right to Promotional Vouchers and Promotional Vouchers cannot be earned.
Promotional Vouchers are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Promotional Voucher itself -
- a Promotional Voucher can only be used with promotional offers on the Website;
- only one Promotional Voucher can be used per shopping basket; and
the value of the Promotional Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Refund Policy
No returns/refunds will be allowed.
Terms and Conditions pertaining to Client Membership
When making an application to become a Celestis client member, users agree that:
- They will be irrevocably bound by the terms and conditions applicable to the use of this web site;
- They will provide full and accurate information;
- On registration we will provide a username and password;
- Registration is for a single user and a member's username and password cannot be shared with any other person;
- A single username and password cannot be used to allow multiple access to other users over a network;
- Members warrant that they will at all times act in accordance with these T&C and agree to indemnify Celestis in the event that they breach these T&C.
- Members further undertake not to:
- impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent themselves;
- modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network;
- make available or upload files that contain software or any other material not owned or licensed to the member;
- make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or members.
