To view the PDF file, sign up for a MySharenet subscription.

JDH - John Daniel Holdings Limited - Abridged audited financial statements for

Release Date: 30/12/2011 12:18
Code(s): JDH
Wrap Text

JDH - John Daniel Holdings Limited - Abridged audited financial statements for the 15 months ended 30 September 2011 JOHN DANIEL HOLDINGS LIMITED Incorporated in the Republic of South Africa Registration number: 1998/013215/06 JSE Code: JDH - ISIN: ZAE000136677 ("the Company" or "JDH" or "the Group") ABRIDGED AUDITED FINANCIAL STATEMENTS FOR THE 15 MONTHS ENDED 30 SEPTEMBER 2011 The Directors are pleased to inform the shareholders of the improved financial results of the group as reflected herein. Audited Statement of Financial Position as at 30 September 2011 30 September 2011 30 June 2010
Audited Group Audited Group R`000 R`000 ASSETS Non-current assets Property, plant and equipment 4 572 3 204 Intangible assets 1 555 936 Other financial assets 2 323 - Deferred tax 11 404 3 365 Total current assets 6 293 1 270 TOTAL ASSETS 26 147 8 775 EQUITY AND LIABILITIES Equity 2 729 1 170 Non-controlling interest 1 118 (433) Non-current liabilities Interest bearing borrowings 13 477 121 Deferred tax 495 182 Total current liabilities, short term interest bearing borrowings 8 328 7 735 and shareholders` loans TOTAL EQUITY AND LIABILITIES 26 147 8 775 Net asset value 2 729 1 170 Net tangible asset value 1 173 234 Net asset value per share (cents) 1.73 0.78 Net tangible asset value per share 0.75 0.16 (cents) Audited Statement of Comprehensive Income for the period ended 30 September 2011 15 months ended 12 months ended 30 September 30 June
2011Audited 2010Audited Group Group R`000 R`000
REVENUE 6 464 5 714 COST OF SALES (2 484) (4 093) GROSS PROFIT 3 980 1 621
Other income 2 260 125 Selling, distribution and administration (12 396) (10 811) expenses LOSS BEFORE NET FINANCE COSTS AND (6 156) (9 065) TAXATION Net Finance costs (999) (1 046) Taxation income 7 435 1 027 PROFIT / (LOSS) FOR THE PERIOD 280 (9 084) Attributable to non-controlling interest 426 2 439 NET PROFIT / (LOSS) ATTRIBUTABLE TO 706 (6 645) ORDINARY SHAREHOLDERS BASIC AND HEADLINE EARNINGS/(LOSS)
Basic profit / (loss) 706 (6 645) Headline earnings / (loss) 204 (5 503)
Basic earnings / (loss) per share (cents) 0.47 (8.13) attributable to equity holders of the parent
Headline earnings / (loss) per share 0.14 (6.74) (cents) attributable to equity holders of the parent
Number of shares in issue 157 652 363 150 500 000 Weighted average number of shares 150 970 550 81 703 640
RECONCILIATION BETWEEN BASIC PROFIT / (LOSS) AND HEADLINE EARNINGS / (LOSS) IAS 33 Basic profit / (loss) 706 (6 645) IAS 16 Loss disposal of property plant - and equipment 30 IAS 36 Impairment of property, plant and 516 equipment IAS 36 (Reversal of impairment) / (532) 626 impairment of intangible assets Headline Earnings / (Loss) 204 (5 503) Audited Segmental Information for the period ended 30 September 2011 The Group has adopted IFRS 8 Operating Segments as its segmental reporting standard which requires an entity to report financial and descriptive information about its reportable segments, which are operating segments or the aggregation of operating segments that meet specified criteria. Operating segments are components of an entity in respect of which separate financial information is available and is evaluated regularly by management. R`000 R`000 R`000 R`000 R`000 R`000
15 months ended 30 September 2011 Biotech- Packag-ing Financial Corpo-rate Elimin- Consoli- nology services ations dated
Revenues 5 797 368 126 1 549 (1 376) 6 464 TOTAL 6 464 EXTERNAL REVENUE Operating (2 944) (361) (49) (2 802) - (6 156) loss
12 months ended 30 June 2010 Biotech- Packag-ing Corpo-rate Elimin- Consoli-
nology ations dated Revenues 1 937 3 777 1 353 (1 353) 5 714 TOTAL 5 714 EXTERNAL REVENUE Operating (992) (6 369) (11 102) 9 398 (9 065) loss Audited Statement of Changes in Equity for the period ended 30 September 2011 Share Non Accumul- Non- Total capital distribute- ated loss controllin equity
able g interest reserves R`000 R`000 R`000 R`000 R`000
Balance at 1 24 415 7 729 (35 580) 2 007 (1 429) July 2009 Total - - (6 645) (2 439) (9 084) comprehensive loss for the 12 months Issue of shares 11 893 - - - 11 893 Share issue (643) - - - (643) expenses Balance at 30 35 665 7 729 (42 225) (433) 736 June 2010 Total - - 706 (426) 280 comprehensive profit for the 15 months Issue of shares 831 - - - 831 Change in - 23 - (23) - ownership Business - - - 2 000 2 000 combinations Balance at 30 36 496 7 752 (41 519) 1 118 3 847 September 2011 Audited Cash Flow Statement for the period ended 30 September 2011 15 months ended 12 months 30 September ended 30 June 2011Audited Group 2010Audited
R`000 Group R`000 NET CASH (OUTFLOW)/INFLOW FROM OPERATING (8 406) 21 ACTIVITIES NET CASH OUTFLOW FROM INVESTING (582) (200) ACTIVITIES
NET CASH INFLOW/(OUTFLOW) FROM FINANCING 9 263 (129) ACTIVITIES Increase / (Decrease) in cash and cash 275 (308) equivalents Cash and cash equivalents at the 34 342 beginning of the year Cash and cash equivalents at the end of 309 34 the year COMMENTARY OPERATIONAL REVIEW Group Overview JDH continued to conduct business as a venture capital investment holding company, and will continue to do so, focusing on investing in companies which are niche players and strategic in nature. Preference is given to companies which have clear African and Global markets. In particular, these companies are required to produce products or provide services with high barriers to entry and high gross profit margins. At the beginning of the 15 month period under review JDH held two trading subsidiaries: Vinguard Limited ("Vinguard"); and Lazaron Biotechnologies (SA) Limited ("Lazaron"). These subsidiaries contained significant intrinsic value but consistently produced disappointing results. In order to unlock the potential the JDH Group entered into a finance restructure agreement ("Escalator loan") with Escalator Capital Limited ("Escalator"). The Group restructure process initiated at the end of September 2010 resulted in material changes during the subsequent six month to end March 2011. These changes included, inter alia, the re-constitution of the board of directors of JDH and all relevant governance mechanisms in the Group, repositioning the strategic direction of the Group and the trading subsidiaries, development of appropriate corporate actions to recapitalise the Group, material reductions in the overhead structure of Vinguard, establishment of a marketing channel and sales force in Lazaron, and relocation of the corporate head office including the restructuring of the Group`s financial and administration staff. Significantly during the period under review Vinguard did not manufacture product and the results produced are therefore without the contribution which will in future be provided by what was historically the group`s primary asset. The state of the subsidiaries at the end of the 2009/2010 financial period compelled the directors to adopt an extremely conservative view of the potential of the businesses future profit projections. As a result thereof all intangible assets were impaired in the previous audited financial statements. The turnaround of the business prospects, including the establishment of sound order pipelines and the intrinsic value of the businesses has resulted in the directors reviewing the impairments and writing back those which are deemed to be appropriate. The benefits of the measures implemented during the first nine months of the restructure process resulted in improved trading results during the last six months of the 15 month period under review (April to September 2011). In addition, the Group announced rights offers for JDH and Lazaron as well as two acquisitions. The acquisitions comprised of: Viscacom (Pty) Limited trading as JDH Credit Services ("JDH CS"), a wholly owned subsidiary acquired on 1 September 2011; and Rexisource (Pty) Limited trading as Cryo-Save SA ("Cryo-Save SA"), 50% stake acquired on 1 July 2011. The turnaround of subsidiaries through product and market extension, aggressive trading and cost reduction continues. This includes the evaluation of product range extension, development of new markets and rationalization of administration and support structures. Ongoing shareholders` support is required to continue to develop the current Group companies and to seek new opportunities. The board of directors is actively investigating further acquisition opportunities that will improve earnings and cash generation for the group. It is the intention of the board to develop a robust and complementary Group of companies which provide sustainable returns. Below is an overview of the JDH subsidiaries at 30 September 2011. JDH Credit Services The conditions precedent contained in the acquisition agreement of Viscacom (Pty) Limited trading as JDH Credit Services ("JDH CS") were met by end August 2011. JDH acquired, with effect from 1 September 2011, 100% of the shares in JDH CS for a cash consideration of R100, through its wholly owned subsidiary Restibyte (Pty) Limited. JDH CS is a micro finance organisation providing financial services to third party company employees and is the first acquisition by JDH in its new JDH Financial Services Division (Restibyte (Pty) Ltd). JDH CS was established in 2010 and has shown exponential growth since its incorporation. Cryo-Save SA On 2 June 2011, the board announced that JDH and Cryo-Save Group N.V. ("Cryo- Save") a leading international family stem cell bank, signed a memorandum of understanding, to establish a new stem cell bank in South Africa. The agreement combined Cryo-Save`s leading expertise in stem cell processing and storage with JDH`s local and African market expertise. Cryo-Save SA offers customers the option of storing cord tissue and stem cells from cord blood in South Africa or off shore in Belgium. The Lazaron laboratory located in Cape Town has been upgraded to cater for the increase in volumes and will meet the highest quality standards applied by Cryo- Save around the world. Vinguard The company`s operations involve a relatively extended production and working capital cycle. The company was not able to fund the working capital required for the 2010/2011 South African table grape season. The working capital investment was required prior to the establishment of the finance restructure agreement with Escalator, and the resultant lack of production funding led to reduced market share for the 2010/2011 SA table grape season. The 90% reduction in turnover to R370 000 was off-set to an extent by the reduction in operating expenses resulting from the rationalization of the company`s operations. Vinguard`s cost structure and processes have been rationalized through the restructuring efforts ensuring that the breakeven point is achieved at a 33% reduced turnover value than in the comparative period. The business is poised to take advantage of its reduced overhead structure in the upcoming 2011/2012 SA table grape season. The Vinguard product has proved its efficacy and table grape farmers reported excellent results with exports in the past. The product is well placed to penetrate the significant SA and international export table grape industries. Substantial orders have been obtained for the product early in the new season. In addition, the board continues to drive efforts to diversify the Vinguard product offering into other produce markets as well as Northern Hemisphere production areas. Lazaron The establishment of a dedicated sales division in Lazaron as part of the group restructure resulted in material sales growth for the business during the period under review. The 32% increase in the company`s revenue was generated in the last six months of the 15 month period under review. The accompanying cost involved in repositioning the strategic direction of the business, investing in marketing collateral, strategic initiatives and the development of the sales force increased the operating expense base. The encouraging sales performance and the healthy gross profit percentages, however, resulted in the business approaching breakeven performance on a month to month basis by the end of the period under review. The Lazaron restructure efforts and the resultant improved performance brought about the negotiations with Cryo-Save NV and the subsequent investment in the Cryo-Save SA subsidiary. Lazaron will continue to provide the current services and will also focus on stem cell therapies in the future. In addition, the company will also pursue equine therapy development. The reduced cost base will result in the Lazaron business being profitable whilst the therapy and equine opportunities provide potential wealth generation. REVIEW OF RESULTS AND FINANCIAL POSITION The financial year end for the Group was changed to 30 September resulting in the financial year comprising a 15 month period. The consolidated financial results for the 15 months ended 30 September 2011 represents income and expenses from the JDH corporate head office and its trading subsidiaries, active in the financial services, biotechnology and agricultural packaging markets. The operating results for the 15 months reflected a material turnaround in the performance of the group and the results were further enhanced by the recognition of certain assets which had been impaired in the previous period. Revenue for the group increased from R 5 714 233 in 2010 to R 6 463 609 for the 2011 period, this is notwithstanding the limited trading in Vinguard. The profit after taxation reflected a profit of R 279 388 compared to a loss of R 9 084 125 recorded in the previous period. The improved performance is attributable to a combination of factors including: Materialy improved gross profits as a result of increased revenue in the high margin biotechnology operations; A material decrease in non-revenue generating overheads; A material increase in revenue generation in all subsidiaries excluding Vinguard; An increase in other income primarily being the reversal of a R1.8 million foreign creditor and the write off of the balance of the R195 000 loan from Golden Oak Corporate Advisors (Pty) Ltd; and The write back of intangible assets impaired in the previous period. Taxation income through the raising of a deferred taxation asset on assessed losses as a result of the turnaround of the group subsidiary operations. Group operations experienced significant working capital constraints prior to the establishment of the Group restructure agreement, impacting on the trading performance of the subsidiaries. Vinguard`s turnover for the 15 months reduced to R 368 590, a 90% reduction compared to the previous reporting period. The majority of Vinguard`s sales are generated from mid-November during the South African table grape harvesting season. Unfortunately the Escalator funding, released to the business at end September 2010, was too late and was also limited, resulting in Vinguard being unable to secure raw materials in terms of the required production timeframes. As a result the business was unable to produce SO2 sheets for distribution during the 2010/2011 South African table grape season as well as for the traditional international markets. The incoming directors, appointed in terms of the group restructure, reduced overheads in order to limit losses. The overheads did however include all once off restructuring expenses which were incurred of just under R280 000.00. In comparison, Lazaron`s revenue increased by 64% to R 3.2 million as a result of Group restructure processes. The increased sales performance was achieved from February 2011 onwards. The cost of development of the sales channels increased overheads during the period. The Cryo-Save SA operations contributed 41% of the JDH Group`s total revenue for the 15 month period despite its active trading being limited to the last three months of the 15 month period. During this period Cryo-Save SA trading was limited to purely export storage services. The local storage option became available after September 2011. . The revenue generation was therefore somewhat depressed for the three months to 30 September 2011 but none the less record breaking sales were still achieved. The associated start-up costs resulted in a loss for the period of R 369 000. JDH CS was finally incorporated into the group on 1 September 2011. The company reflected a small loss for this initial period of R 80 216 and has an accrued debtors book of just under R 4.6 million at the end of the fifteen month period. The primary cost in the business is interest from loan capital to fund the growth in the interest bearing loan book. Through the JDH Rights Offer in October 2011 the Group repaid the interest bearing loan that funded the initial growth in the loan book. The resultant reduced cost of capital in JDH CS will ensure it contributes to trading profit from mid-October 2011. The Group statement of Financial Position reflects a positive net asset value despite the history of operating losses. The Group`s on-going restructure is being funded by Escalator through the finance restructure facility. The board obtained a letter of continued financial support from Escalator undertaking the continued funding of the restructuring process until Group operations become self-sustaining. The sustainability of the group is being addressed in the short term through improvement in the trading results. On 10 June 2011, the directors announced two partially underwritten rights offers, in JDH for R15 million and in Lazaron for R 4.4 million, in order to recapitalise the Group and return the Statement of Financial Position to solvency. The JDH rights offer of R15 million was concluded during October 2011 and was fully subscribed. The Lazaron rights offer and subsequent general offer by JDH are anticipated to be completed by April 2012. The directors are confident that the combination of the corporate restructuring, aggressive management of the existing subsidiaries and further strategic acquisitions will ensure the future sustainability of the group. EVENTS AFTER THE REPORTING PERIOD Corporate actions The board reviewed various options aimed at strengthening the Group`s Statement of Financial Position. This process comprised continuing discussions with Escalator to renegotiate the terms of the Escalator loan including the possibility of Escalator underwriting a JDH Rights Offer. On 10 June 2011 the board announced the following partially underwritten rights offers: a R15 million JDH Rights Offer at 7 cents per share underwritten to the value of R10 million by Escalator; and a R4.4 million Lazaron Rights Offer underwritten to a minimum value of R1.5 million by JDH. The main objectives of the corporate actions is to recapitalise the Group and return the Statement of Financial Position to solvency whilst providing much needed working capital. The JDH Rights Offer was completed on 14 October 2011 and was successfully subscribed for in its entirety resulting in 214 285 714 rights offer shares being issued to existing shareholders, shareholders that applied for excess shares and the underwriter, Escalator. By virtue of its underwriting, Escalator became the controlling shareholder of JDH holding 52.21%. JDH minority shareholders approved a waiver of mandatory offer from Escalator in general meeting on 17 October 2011. Included in the Lazaron Rights Offer circular is a Section 112 resolution, which was approved by Lazaron shareholders on 7 December 2011, to dispose of the Lazaron sales infrastructure and Lazaron laboratory equipment to JDH, who in turn will on sell these assets to Cryo-Save SA. This transaction removes all significant overheads from Lazaron whilst it retains annuity income from its existing client base and a commission revenue on future sales. In addition, a General Offer to Lazaron non-controlling shareholders to swap their Lazaron shares for JDH shares (1 JDH share for every 5 Lazaron shares held post the Lazaron rights offer) is included in the corporate action. The swap provides Lazaron shareholders with incremental value and enhanced tradability. ACQUISITIONS AND DISPOSALS As noted in the operational overview above, the Group announced two acquisitions during the last quarter of the 15 month financial period under review: 100% stake in JDH CS on 1 September 2011; and 50% stake in Cryo-Save SA effective 1 July 2011. There were no disposals during the 15 month period under review. GROUP RESTRUCTURE AND RECAPITALISATION In September 2010 the Company entered into a finance restructure agreement with Escalator in terms of which the Company secured a convertible loan facility ("Escalator loan"). The conditions of the finance restructure agreement included the appointment of, inter alia, new executive directors, independent of Escalator, on 22 September 2010. All previous board members resigned during the period September 2010 to November 2010. Three new independent non-executive directors, detailed below, were subsequently appointed to the board to complete the composition of the board ("new board"). The new board continues to review and evaluate Group operations and Group structures in order to direct the Group restructure with the objective of returning Group operations to profitability, both organically and acquisitively, thereby creating enhanced shareholder value. In terms of the Group restructure the board of directors was re-constituted and at the date of this announcement comprised: Name Designation Date Appointed TP Gregory Chief Executive Officer 22 September 2010 DP van der Merwe Financial Director 22 September 2010 B Topham Independent Non-Executive Director 24 November 2010 KA Rayner Independent Non-Executive Director 20 January 2011 RJ Connellan Independent Non-Executive Director 04 February 2011 and Chairman
The appropriate statutory documentation was submitted to both the JSE and CIPC to formally update the company records regarding the directors` changes. At the date of this announcement, only the appointments of TP Gregory and DP van der Merwe have been effected on the CIPC system. The board will continue to follow up with CIPC until the records are appropriately updated. The final re-constitution of the board will be completed in 2012 with the appointment of an additional independent non-executive director. The board announced the appointment of a new company secretary, TM Jonker, on 4 October 2011. PROSPECTS The turnaround of current subsidiaries through product and market extension, aggressive trading and cost reduction continues. This includes the evaluation of product range extension in subsidiaries, development of new markets for subsidiaries and rationalization of administration and support structures. Ongoing shareholders support is required to continue to develop the current Group companies and assist in seeking new opportunities. The new board of directors is actively investigating acquisition opportunities that will improve earnings and cash generation for the group. It is the intention of the board to develop a robust and complementary group of companies which provide sustainable returns. YEAR END CHANGE JDH and its subsidiaries financial year ends have been changed to 30 September. The Group will in future report its year end results as at 30 September and interim results for the 6 months ending 31 March. The Group`s annual report for 30 September 2011 is available on the Company`s website and a hard copy is available from the company on request. A copy will also be posted to shareholders before 31 December 2011. BASIS OF PREPARATION AND ACCOUNTING POLICIES The abridged financial statements have been prepared in accordance with IAS 34 - Interim Financial Reporting in accordance with the accounting policies that comply with International Financial Reporting Standards and in the manner required by the Companies Act (71 of 2008) and the JSE Listing Requirements. The principle accounting policies adopted in preparation of these financial statements are consistent with those of the prior period. AUDIT REPORT These results have been audited by AM Smith and Company Inc, whose unqualified audit report, modified with an emphasis of matter, is available for inspection at the registered office of the Company. The emphasis of matter states that "without qualifying our opinion, we draw attention to the directors report that indicates that the company had accumulated losses of R 41 518 598 after non-controlling shareholder`s interest for the 15 months ended 30 September 2011. The Directors` Report also indicates that these conditions along with other matters indicate the existence of a material uncertainty which may cast significant doubt on the company`s ability to continue as a going concern." RE-APPOINTMENT OF AUDITORS The shareholders resolved to re-appoint AM Smith and Company Inc as auditors on 28 January 2010 at the annual general meeting and will so propose in the annual general meeting to be held on Friday, 2 March 2012 at 10:00, at 1st Floor Bushwillow House, Green Hill Village Office Park, Cnr Botterklapper and Nentabos Street, The Willows, Pretoria East, INCREASE IN AUTHORISED SHARE CAPITAL AND ISSUE OF SHARES At 30 June 2010 the issued share capital of the company was 150 500 000 ordinary shares and the authorised share capital was 150 000 000. At the Annual General Meeting held on 28 January 2011, a special resolution to increase the authorised share capital to 1 000 000 000 shares was passed by the requisite majority of shareholders. The special resolution was submitted and lodged with CIPC. The previous board had issued 500 000 shares in excess of the authorised share capital and also committed to the issue of 5 290 023 shares as settlement of a current liability. Both these share issues were approved by shareholders during previous financial periods. The 500 000 and 5 290 023 shares were listed and issued in August 2011 to honour the Company`s commitments. In addition to the share issues to settle commitments made by the previous board 1 862 340 shares were issued for cash for R147 300 in total at a 10% discount to the then prevailing 30-day VWAP price in terms of the directors general authority. The proceeds were utilised to settle arrear creditors. Subsequent to year end, the JSE approved the listing of 214 285 714 in relation to the JDH Rights Offer. DIVIDENDS No dividends have been declared and no dividend is proposed. CONTINGENT LIABILITIES An unresolved dispute with an off-shore supplier exists in one of the subsidiaries. The dispute arose in 2006 based on transactions between a JDH subsidiary and the supplier. The supplier`s claim of USD 464 126 has not been incorporated in the financial results as it is unlikely that a future outflow of funds will occur. Counter litigation has been suspended against a former employee of a JDH subsidiary. The former employee obtained a ruling from the CCMA requiring the JDH subsidiary to pay a cash settlement of R100 000. In addition a previous agreement required the issue of a number of shares in the subsidiary to the employee. The former employee has abandoned his claim in light of the counter claim by the JDH subsidiary for the PAYE due by the former employee resulting from the required share issue. Management consider the likelihood of the former employee being able to successfully claim the cash settlement portion of R100 000 without settling the counter claim, as unlikely. GOING CONCERN The directors are of the opinion that the group will continue as a going concern for the foreseeable future due to the continued support of certain parties to the group and in particular by the holding company to its subsidiaries. The corporate actions referred to under "Events after the reporting period", will further enhance the Group`s solvency position at 30 September 2011 and increase cash resources to support the continued turnaround of the Group operations. NOTICE OF ANNUAL GENERAL MEETING AND DELIVERY OF THE ANNUAL REPORT JDH will effect delivery of its Integrated Annual Report by post to all "certificated" and electing "dematerialized" shareholders, respectively, before 31 December 2011. Attached to the Annual Report is the notice of Annual General Meeting which is to be held on Friday, 2 March 2012 at 10:00, at 1st Floor Bushwillow House, Green Hill Village Office Park, Cnr Botterklapper and Nentabos Street, The Willows, Pretoria East. For and on behalf of the Board TP Gregory DP Van der Merwe (Preparer) Pretoria 30 December 2011 Directors: RJ Connellan* (Chairman), TP Gregory (Chief Executive Officer), DP van der Merwe (Financial Director), KA Rayner*, B Topham*. (* Independent Non- Executives) Company Secretary: TM Jonker Registered Office: 1st Floor Bushwillow House, Green Hill Village Office Park, On Lynwood Road, Cnr Botterklapper and Nentabos Street, The Willows, Pretoria East, 0043 PO Box 39660, Garsfontein East 0060 Transfer Secretaries: Computershare Investor Services (Pty) Limited, 70 Marshall Street, Marshalltown 2001, PO Box 61051, Marshalltown 2107 Auditors: AM Smith and Company Inc Sponsor: Arcay Moela Sponsors (Pty) Limited Date: 30/12/2011 12:18:01 Supplied by www.sharenet.co.za Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on, information disseminated through SENS.