Terms of Use

Introduction

This website www.bse.co.bw (the website) is owned and operated by Botswana Stock Exchange Limited (the BSE), a company registered in Botswana with company registration number BW00000451021. The following terms and conditions, which include our privacy policy (collectively the terms of use), govern the relationship between you, the BSE and its affiliates and subsidiaries in the use of the website. By using the website, you are agreeing to comply with and be legally bound by the terms of use, and you provide your express consent for your personal data to be dealt with on the terms of the privacy policy.

Content
The website is intended to provide general information regarding the services offered by the BSE and is not intended to, nor does it constitute, investment or other professional advice. Before making any investment decision or taking any action that might affect your personal finances or business, you should consult your own professional advisors.
Restrictions on use
You may print a single copy of the material contained in the website for you own non-commercial use. The reproduction, redistribution, alteration and transmission of any material or information contained in the website are strictly prohibited. You must not use the material for commercial purposes without first obtaining the express written authority of the BSE.
You may not remove any copyright, trademark or other intellectual property right notice contained in the material.
You may not use the material from the website in any manner or for any purpose which is unlawful or in any manner which violates any right of the BSE.
To the extent allowed by law, you hereby indemnify the BSE against any and all claims arising from the use by third parties of any material from the website that they have accessed as a result of your reproduction, redistribution, alteration or transmission of that material in contravention of these Terms of Use. Under the above wording, you indemnify the BSE against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on you.
Registration and cancellation
Some areas of the website may not be freely accessible. You may be asked to complete a form of registration in order to access other areas of the website (the “restricted areas”). It may be that a charge is payable to obtain access to the restricted areas, and if not, the BSE reserves the right to introduce a charge for such access at any time. If such a charge is introduced, the BSE may deny access to the restricted areas if you do not pay the relevant charges and comply with any further registration requirements that the BSE may, in their discretion, decide to introduce from time to time. When you register for access to the restricted areas, you may be asked to provide certain personal details (“personal data”).

The BSE will only use the personal data in accordance with the Privacy Policy. The website may use cookies to verify the identity of users who have registered to access the restricted areas. The BSE reserves the right to terminate your registration to the restricted areas and to restrict your access to the website without notice at any time, provided that, to the extent that the exercise of such right affects your ability to receive or access any information, features or contents for which you have paid or are required to pay any consideration, the BSE will use its reasonable endeavours to exercise such right on notice to you. You may cancel your registration with the website at any time by sending an email to it@bse.co.bw.

Operation of the website
The BSE reserves the right to suspend or terminate the operation of the website at any time for the purposes of support and maintenance or to update the information contained on the website. The BSE is not obliged to give any notice of such termination or suspension.
Disclaimer
The BSE endeavours to ensure the accuracy and reliability of the website and the content, materials and products included and available on the website, but because of the possibility of human and mechanical error as well as other factors, to the extent allowed by law, the BSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the availability, truth, accuracy, completeness or reliability of such information or that it is always up to date or that your access to the website will be uninterrupted or error-free.

The BSE does not, in publishing adverts or materials on the website, endorse any products, advice or investment returns contained in these adverts, advice or investment return. To the extent allowed by law, you must be satisfied that you may lawfully access the website, read the pages and/or act upon the material contained in the pages, and the BSE accepts no responsibility for your unauthorised access or actions in respect of these matters. The above wording will limit and excludes obligations, liabilities and legal responsibilities of the BSE, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

Linking to and from the website
The website may contain links to third-party websites. These linked websites are not under the control of the BSE and, to the extent allowed by law, the BSE accepts no responsibility for or liability arising from access to, or the information provided on, any website which is linked from the website, or any hyperlink contained in a linked website.

To the extent allowed by law, you link to any such website entirely at your own risk and liability and the BSE recommends that you read the privacy policy and any other legal information contained on any third-party website to which you link.

The above wording will limit and excludes obligations, liabilities and legal responsibilities of the BSE, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

Neither this website nor any of its pages may be included in any other website. Instead, a link to the website is required at all times. You may not frame the website without the prior written consent of the BSE. The fact that the Website contains a link to or from a third party website does not necessarily imply that there is any affiliation between the BSE and the third party website, nor that the BSE or its officers or employees endorse the third party website. The linking website may not in any way imply that the BSE or any of its officers or employees recommend or endorse any of the linked site products or services.

The BSE reserves the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the website, at any time if it is deemed by the BSE to be in the best interest of the BSE.

Copyright and trademarks
The works of authorship contained in the website, including, but not limited to, all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of the BSE, its affiliates or third parties who have supplied information to the BSE and are protected by Botswana and international intellectual property laws and conventions.

The BSE reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a third party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the website without the prior written consent of the BSE. You are not permitted to use any of the trademarks displayed on the website without the prior written consent of the BSE or the third party that owns the trademark.

Comments and feedback
The BSE values your views, comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by, or in connection with, your use of the Website or any discussion forums on the Website (“Submissions”), but the BSE shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Submissions.

By disclosing, submitting or offering, your Submissions on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the BSE a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sub-license, to use, copy, publicly perform, digitally perform, publicly display and distribute such Submissions, and to sell, modify, create derivative works from and/or to incorporate such Submissions into other works in any form, medium or technology, whether not known or hereafter developed, in each case, without compensation to you.

When disclosing, submitting, offering or posting Submissions to the Website, you agree to do so in a responsible and ethical manner, having regard to the following guidelines (“Submission Guidelines”): –

  • You are solely responsible for any Submission and other material that you submit to, publish or display on, the Website and the views expressed therein are your individual views and do not reflect the views of the BSE;
  • Where required or authorised by law.
  • You may not provide any Submission that falsely expresses or implies that such Submission or material is sponsored or endorsed by the BSE;
  • You may not post any Submission that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or impose any obligations, on the use or further distribution thereof;
  • You further agree that you will not post Submissions that are:
    • abusive, harassing, stalking, threatening or attacking others;
    • defamatory, offensive, obscene, vulgar or depicting violence;
    • hateful language targeting race/ethnicity, religion, gender, nationality or political beliefs;
    • fraudulent, deceptive, misleading or unlawful;
    • trolling (posting of inflammatory or off-topic messages with the primary intent of provoking an emotional response) or otherwise deliberate disrupting normal on-topic;
    • spamming in nature;
    • upload files that contain viruses or programs that could damage the operation of other people’s computers;
    • commercial solicitation or solicitation of donations; (ix) link baiting (embedding a link in your post to draw traffic to your own site).

The BSE may at any time, without prior notice and its sole discretion, remove any Submission, block any access to the Website or take any other appropriate action against any person who violates the Terms of use in general and the Submission Guidelines in particular. To the extent allowed by law, you hereby indemnify the BSE against any and all claims arising from your Submission. The above wording will limit and excludes obligations, liabilities and legal responsibilities of the BSE, and also you indemnify the BSE against certain claims and limit and exclude your rights and remedies and this places various risks, liabilities, obligations and legal responsibilities on you.

Privacy Policy
The BSE takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service. The BSE’s Privacy Policy, which is accessible by clicking on this link, is expressly incorporated by reference into these Terms of use and forms part of these Terms of use, explains the data processing practices of the BSE insofar as it relates to the Website. We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control, but, to the extent allowed by law, the BSE assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. Please see our Privacy Policy for further details. The above wording will limit and excludes obligations, liabilities and legal responsibilities of the BSE, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
Applicable Law
This Website is created, hosted, maintained and controlled in the Republic of Botswana and as such you agree that the laws of the Republic of Botswana and the jurisdiction of the Botswana courts govern these Terms of use, any disclaimers, copyright and use statements contained in the Website, and any legal matter resulting from the use or inability to use this Website, without giving effect to any principle of conflict of laws. Notwithstanding the foregoing, the BSE may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained in the Website.
Changes to these terms of use and the website
To the extent allowed by law, the BSE may update these Terms of use from time to time and you are responsible for periodically reviewing the most current version on the Website. To the extent allowed by law, your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of use. The BSE reserves the right to change or delete any information, features or contents of the pages of the Website at any time and without notice. Notwithstanding the provisions of this section headed “Change to these terms of use and the website”, to the extent that any such change or deletion relates to any information, features or contents for which you have paid or are required to pay any consideration, the BSE will use its reasonable endeavours to exercise this right on notice to you.
Consumer Protection Act
If these Terms of use and/or any goods and/or services provided under these Terms of use are regulated by the Consumer Protection Act of 2018, as amended, replaced or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of these Terms of use contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms of use must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with. Nothing in these Terms of use does or purports to limit or exempt the BSE from liability for any loss directly or indirectly attributable to the gross negligence of the BSE or any person acting for or controlled by the BSE where the law does not allow this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not allow this.