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Terms of Service

Magic Markets – Terms of Use and Conditions of Sale

Welcome to Magic Markets, a financial information and insights platform operated by Magic Markets (Pty) Ltd, an entity registered in South Africa.

Critically, if you are seeking financial advice, this is not the right place.

The content on the Magic Markets website (https://magic-markets.com), in any of our webinars, on any of our podcasts (premium and free), our mailers or our social platforms (“Magic Markets Content”) is for informational purposes only and should not be construed as advice.

If it is unlawful in your jurisdiction to access such content, please do not do so.

By accessing Magic Markets Content, you agree to be bound by these Terms of Use.

Magic Markets is a think-tank environment and opinions will vary accordingly. We bring together experts who provide views and analysis on a variety of topics. At all times, the opinions of the individual podcast hosts and guests are their own and do not represent the views of Magic Markets (Pty) Ltd.

Please refer to our disclaimer (www.magic-markets.com/disclaimer) for more details on your usage of Magic Markets Content.

You should not rely on any information contained in the Magic Markets Content in making an investment decision. We do not undertake to update Magic Markets Content in response to new news or information about companies, as each podcast or article is based on information that was publicly available at the time of being recorded or written.

Do your own research and arrive at your own conclusions.

The founders of Magic Markets and/or subject matter experts who contribute to the Magic Markets Content may have positions in the securities discussed. Where this is the case, these positions will be disclosed at the time. We rely on experts to disclose positions to us in line with this policy.

We may make reference to other websites or provide relevant links on topics. Those websites and links are operated by third parties and are provided for convenience. They may not remain current or be updated and we are not responsible for the accuracy or nature of the content on other websites.

We recommend that you seek independent financial, taxation and legal advice.

These Terms of Use govern your use and access to the Magic Markets Content and our associated services. We may change these terms at any time, but we will post a notice on the Magic Markets website of any material changes. Your continued use of our platforms and the Magic Markets content means that you accept these Terms of Use as well as any new or modified terms and conditions.

  1. Publicly available content

Magic Markets releases podcasts on a regular basis that are freely available for listeners. These podcasts can be found on the Magic Markets website as well as on all popular podcast platforms.

Our free show covers topics such as:

  • Macroeconomic trends
  • Investment themes in the market
  • Market-moving stories and associated analysis
  • Discussions with subject matter experts on a variety of investment topics

From time to time, our free show will be co-branded with brand partners. Such partners may appear on the show to discuss relevant topics. Whilst we take care to work with brands that we believe are credible, we do not specifically endorse or guarantee the brands we work with or their products and services. We cannot warrant that we have not been misled before or after publication.

Any service or product offered by a third party is subject to its own terms and conditions, including about how such party may use the information you provide to them. Please refer to their privacy policies and ensure that you do your own research, as any use of third-party services is entirely at your own risk.

If we are compensated via affiliate marketing agreements, we will disclose this to you. Our editorial opinions are not affected by our compensation and brand partners are not entitled to edit or approve our content.

Magic Markets listeners who are seeking further free content should visit the respective websites of the founders of Magic Markets:

  1. Premium content for subscribers

Our premium service includes the following:

  • A weekly podcast focusing on a different publicly listed company each week, providing general financial information and aggregating publicly available insights on each business, as well as the personal opinions of the founders of Magic Markets and any guests on the show, which is available to subscribers via the website and the unique podcast RSS feed provided to each subscriber.
  • A supporting article for reference purposes, which is available to subscribers on the website behind a paywall.

Personal data

All personal data will be processed in accordance with our privacy policy, a separate document available on the Magic Markets website. By providing us with your personal data, you agree to this policy.

If you subscribe to our premium service, you will be asked to create a username and password which will be used to login on the Magic Markets website. You will be asked to supply your email address for us to add you to the mailing list so that we can send you notifications of new content uploaded to the website and keep you abreast of upcoming topics.

These details can be updated by clicking through to your account page (https://magic-markets.com/membership-account/) and update your settings.

You will be required to provide your credit card details for processing by our third-party payments processing provider. Further details on this can be found in our privacy policy. By subscribing to our service, you agree that the monthly subscription fee will be processed against your credit card unless you cancel.

Automatic billing and cancellation policy

Our premium service is billed monthly in advance and automatically renews every 30 days. The rate of the renewal is subject to change and we will notify subscribers of such changes. The onus is on you to remain up to date on pricing changes and Magic Markets will accept no liability in this regard.

Magic Markets is not currently VAT-registered. If this changes and we are required to include VAT in our subscription fee, we reserve the right to add VAT to the current subscription fee.

If you wish to cancel your subscription, you must contact us at least five business days before the next renewal date, alternatively, please cancel your subscription on the accounts page on our site (www.magic-markets.com/myaccount)

By allowing for your renewal, you provide your electronic authorisation for future charges against the credit card used in your most recent transaction with us.

Refunds

Should you feel that a refund is warranted as the service is not what you expected, please contact us within 15 calendar days of the first subscription fee being charged. No refund is possible thereafter.

If we detect that you have accessed at least three of the premium podcasts or articles in the library over that period, no refund will be processed.

Renewals are never able to be refunded. Should you wish to no longer be a Magic Markets subscriber, you must cancel in line with these Terms of Use.

Discounts and promotions

Subscribers that receive a discounted or promotional rate shall have that rate applied for the specified period of that discount or promotion only. Thereafter, the subscription shall automatically renew at the standard rate in place at that time.

Transfer of subscription

As subscriptions are only billed 30 days in advance, no transfers are possible. Should you have any queries regarding a change of details, please contact us at least five business days before the next renewal date.

Other terms of subscription

When creating an account, you warrant that you are at least 18 years of age, that you possess the legal right and ability to enter into a legally binding agreement with us and that you agree and warrant to use the Magic Markets Content in accordance with these Terms of Use.

We reserve the right to cancel or refuse your subscription for any reason at our sole discretion.

You agree to maintain and update your information as necessary so that it remains current and accurate. Should you not be able to access premium content due to your information being incorrect or out of date, we will not process a refund.

You may opt out of Magic Markets mailers in accordance with our Privacy Policy. However, this may diminish your overall user experience as we may include additional insights in our mailers from time to time. Should you elect to opt out, we will not process a refund purely for this reason.

  1. Webinars and events

From time to time, we may offer webinars and other events to subscribers and/or a public audience.  The tickets may be offered on the Magic Markets website or on a third-party platform.

Personal data

All personal data will be processed in accordance with our privacy policy and the privacy policy of a third-party ticketing and/or webinar management platform if applicable. By providing us with your personal data, you agree to this policy and the policies of other relevant parties in the process.

Purchasing a ticket will automatically sign you up to our mailing list, which you may opt out of at any time.

If you purchase a ticket for a webinar or event, you are required to provide your credit card details for processing by our third-party payments processing provider. Further details on this can be found in our privacy policy.

Billing and cancellation policy

The purchase of tickets for webinars and events is unrelated to a premium subscription.

The price of the ticket will be processed against your credit card at the time that the ticket is purchased. The price will include VAT if applicable.

Any cancellation request must be received by us at least three business days before the event. No refund will be possible for cancellation requests made closer to the time of the event.

Other terms of ticket purchase

When purchasing a ticket, you warrant that you are at least 18 years of age, that you possess the legal right and ability to enter into a legally binding agreement with us and that you agree and warrant to use the Magic Markets Content in accordance with these Terms.

We reserve the right to cancel or refuse your ticket purchase for any reason at our sole discretion. In such a case, we will always refund you in full.

Webinar attendance

The nature of webinars requires attendees to appear on a platform alongside all other attendees. By attending the webinar, you agree that your personal information may be visible to others (such as your name or email address) depending on your specific settings on the webinar platform.

  1. Intellectual Property

Our services are reasonably priced. Any unauthorized distribution of our Magic Markets Content may open you up to liability and is unfair to those who do pay for access to our work. Should you wish to learn more about copywrite law, you can read this useful summary.

If you are a paying subscriber, we are granting you a license to access our Magic Markets Content under these Terms of Use. Each subscription is for individual use only and any password sharing is prohibited. If we detect that an account is being accessed from multiple IP addresses, we will cancel that membership and reserve our legal rights in this regard.

All Magic Market Content is the property of Magic Markets (Pty) Ltd and/or the providers of the content under license where applicable. This includes all articles, podcasts, graphics, charts, presentations and any other information provided on our platform, which is protected under international copyright law.

Any copying, distribution, storage, transmission of any kind or commercial use of Magic Markets Content is prohibited without our prior written permission. This includes but is not limited to republishing, posting or distributing Magic Markets Content to any online destination, with the exception of our free podcasts which may be republished using the embed code on the podcast player. Distributing the free podcasts in any form other than the RSS feed from the Castos hosting platform is prohibited.

Our webinars may not be recorded or in any way reproduced, including using screenshots, photographs, or videos of the screen. The content therein is always the property of Magic Markets and we will not distribute such slides after the webinars.

The Magic Markets name or logo may not be displayed or used without our express written permission.

  1. This is not personalised financial advice

Financial advice as defined in the Financial Advisory and Intermediary Services Act in South Africa, and in equivalent legislation globally, contemplates a detailed understanding of a client’s personal needs.

You are not our client in this context. We do not know anything about your individuals needs or risk tolerance. Our role is to provide an informative, analytical platform that assists subscribers in their investment research process.

Accordingly, you agree that any implied or explicit views do not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you should seek a registered investment advisor.

By your use of our Services, you are agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that Magic Markets, its directors, its employees, its affiliates and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material in our Magic Markets Content.

  1. Other important terms

Uptime and website performance

We will make every reasonable attempt to ensure that our website is operational. Our podcast is hosted on an external service provider over which we have no control. Our mailers are sent by an external mail provider over which we have no control.

We make no commitments with regards to the uptime of our website, the uptime of our podcast hosting provider or the reliability of our mail provider.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Magic Markets website, access to our mailers or visits to any linked website. You must take your own precautions to ensure that whatever you select for your use is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Liability

To the maximum extent permitted by law, , in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Magic Markets Content, or as a result of the inaccessibility of the Magic Markets website or podcasts, and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Magic Markets does not warrant the completeness or accuracy of the Magic Markets Content or its usefulness for any particular purpose. Magic Markets makes no promises that the Magic Markets Content will be delivered to you on an uninterrupted, timely, secure, or error-free basis.

In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, access to insightful guests and entertaining discussions and articles.

You agree that under no circumstances will Magic Markets (Pty) Ltd, its owners, associates, affiliates, employees and contributors be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any Magic Markets Content, or arising from or related to these Terms of Use or the Privacy Policy, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by elements beyond our control in creating or delivering any Magic Markets Website.

Magic Markets relies on various sources of information that we believe to be accurate and reliable. We can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of the data provided in Magic Markets Content.

Communication

If laws require us to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our posting them on the Magic Markets website or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

We collect personal information about you in order to provide our services and for purposes otherwise set out in our Privacy Policy. That  document should be read in conjunction with this document.

Other

If any provision in these Terms and Conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.

This agreement, your use of these Platforms and these Terms is and always will be governed by the laws of the Republic of South Africa) and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Africa.

Our Magic Markets Content is directed at a South African audience, although we discuss global companies that may be publicly listed in other jurisdictions. We cannot warrant that Magic Markets Content is appropriate for users outside South Africa or that use of our website or Magic Markets Content is permitted under the laws of other jurisdictions. All personal data is maintained in South Africa under the terms of our Privacy Policy or at our mailer platform of choice (Mailchimp) under their privacy policy.

Except as otherwise expressly stated in these Terms and Conditions, there are no third-party beneficiaries to this agreement.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and Magic Markets and govern your use of Magic Markets Content.

  1. Your Agreement to These Terms

You acknowledge and agree that by agreeing to these Terms of Use electronically you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms of Use.

Last Updated: August 2021

DISCLAIMER

The content on the Magic Markets website (https://magic-markets.com), in any of our webinars, on any of our podcasts (premium and free), our mailers or our social platforms is collectively referred to as “Magic Markets Content”.

You should read our Terms of Use and Conditions of Sale, available on the website or by request on email, in order to fully understand our offering.

The Magic Markets Content is based on the personal opinions and experience of its contributors and are for informational purposes only. Opinions expressed in this communication may change without any notice.

Any discussions on the attractiveness or risks of an investment are general in nature and are not tailored to your specific financial needs. This includes any opinions on the valuation or current prices of regulated and unregulated securities. No content created or shared by Magic Markets (Pty) Ltd and/or its owners, associates, affiliates, employees and contributors should be considered a substitute for professional financial investment advice and none of these parties shall be held liable to you or any other third parties for any loss or damage arising directly or indirectly from your use of this site and the material contained herein.

All content is prepared in good faith and based on analysis of publicly available information and opinions from third party sources. Whilst great care is taken to avoid any errors, Magic Markets (Pty) Ltd and/or its owners, associates, affiliates, employees and contributors accept no responsibility or liability (in negligence or otherwise) for loss or damage resulting from the use of or relating to any error in the information provided.

Any modelling, scenario analysis past or simulated past performance (including back-testing) discussed or provided in any content on our website, mailers or social platforms is no indication of future performance.

We do not warrant the completeness of any information included in Magic Markets Content.

Our content may not be eligible for distribution in all jurisdictions and is intended as informational and/or journalistic content only.

You must do your own research and arrive at your own conclusion before executing any investment decisions.

These disclaimers and exclusions shall be governed and construed in accordance with South African law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

© Magic Markets (Pty) Ltd. All rights reserved.

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