Terms and Conditions of Use

These Terms and Conditions ("Terms") govern access to and use of the website located at fondazionesenatorecappelli.com (the "Website") and any services offered through it by Fairholm & Wren Financial Consultants (Pty) Ltd (Pty) Ltd, trading as Fairholm & Wren ("Fairholm & Wren", "we", "us" or "our"). By accessing or using this Website, you ("User", "you") agree to be bound by these Terms in full. If you do not agree to these Terms, you must discontinue use of the Website immediately.

1. Company Information

2. Acceptance of Terms

Use of this Website constitutes acceptance of these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated herein by reference. We reserve the right to amend these Terms at any time, in our sole discretion, by publishing an updated version on the Website. Continued use of the Website after such amendment constitutes acceptance of the amended Terms. We recommend that Users review this page periodically.

3. Eligibility

The Website and any services offered through it are intended for use by persons who are at least 18 years of age or who otherwise have the legal capacity to enter into binding agreements under the laws of the Republic of South Africa. By using the Website, you warrant that you meet this requirement.

4. Nature of the Website and Services

The Website provides information about Fairholm & Wren and, where applicable, enables Users to make enquiries, submit contact forms, or engage with services described on the Website. Nothing on the Website constitutes a binding offer capable of acceptance unless expressly stated otherwise in a separate written agreement between Fairholm & Wren and the User. Any orders, bookings or service engagements are subject to separate agreements, quotations, or terms of sale, as applicable, provided to the User prior to conclusion of any transaction.

5. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, icons, audio clips, video, data compilations, page layout, underlying source code and software, is the property of Fairholm & Wren Financial Consultants (Pty) Ltd (Pty) Ltd or its licensors and is protected by South African and international copyright, trade mark and other intellectual property laws. No part of the Website may be reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except for personal, non-commercial use, without our prior written consent.

All trade marks, service marks, and trade names displayed on the Website, whether registered or unregistered, are the property of Fairholm & Wren or their respective owners. Nothing in these Terms shall be construed as granting any licence or right to use any trade mark without the prior written permission of the owner.

6. User Conduct

When using the Website, you agree that you will not:

• use the Website for any unlawful purpose or in a manner that violates any applicable South African law or regulation;
• attempt to gain unauthorised access to the Website, its servers, or any connected network or system;
• introduce any virus, malware, or other technologically harmful material to the Website;
• engage in any conduct that restricts or inhibits any other User's use or enjoyment of the Website;
• submit false, misleading, defamatory, or unlawful content through any contact form or interactive feature; or
• scrape, harvest, or otherwise extract data from the Website using automated means without our prior written consent.

7. Third-Party Links

The Website may contain links to third-party websites or resources that are not owned or controlled by Fairholm & Wren. We have no control over, and accept no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

8. Disclaimer of Warranties

The Website and all content, materials and services provided through it are made available on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by South African law, including the Consumer Protection Act 68 of 2008, where applicable. While we take reasonable steps to ensure that information published on the Website is accurate and up to date, we do not warrant or represent that such information is complete, accurate, reliable, or free of errors or omissions.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Fairholm & Wren Financial Consultants (Pty) Ltd (Pty) Ltd, its directors, employees, agents and affiliates shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profit, revenue, data, or goodwill, arising out of or in connection with your access to, or use of, or inability to use, the Website, whether based on warranty, contract, delict (tort), or any other legal theory, even if we have been advised of the possibility of such damages. Nothing in these Terms shall be construed as excluding or limiting liability that cannot lawfully be excluded or limited under South African law, including liability arising under the Consumer Protection Act, 2008, where it applies to the relevant transaction.

10. Indemnity

You agree to indemnify and hold harmless Fairholm & Wren, Fairholm & Wren Financial Consultants (Pty) Ltd (Pty) Ltd, and its directors, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your misuse of the Website.

11. Privacy and Data Protection

Our collection, use, and processing of personal information submitted through the Website is governed by our Privacy Policy, which is prepared in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). By using the Website and submitting personal information to us, you consent to such processing as described in the Privacy Policy.

12. Cookies

The Website uses cookies and similar tracking technologies as described in our Cookie Policy. By continuing to use the Website, subject to the cookie consent choices you have made, you agree to the placement of such cookies on your device.

13. Termination and Suspension of Access

We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to all or part of the Website for any reason, including breach of these Terms, without any liability to you.

14. Severability

If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fairholm & Wren in relation to your use of the Website and supersede all prior agreements, representations and understandings, whether written or oral.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. You and Fairholm & Wren agree to submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms or your use of the Website.

17. Contact Information

Should you have any questions regarding these Terms, please contact us using the details below:

These Terms were last updated in 2026 and apply to all use of the Website from that date onward.