Terms and Conditions
1. Acceptance
This Website,
www.investments.fnb.co.za ("Website"), is owned and operated by Ashburton Investments Holdings Limited ("us", "we", "our" or "Ashburton Investments "), a public company registered in the Republic of South Africa under registration number 1995/004798/06.
All references in these Terms & Conditions to "us", "we", "our" or "Ashburton Investments” are also deemed to include, unless stated otherwise, Ashburton Fund Managers (Proprietary) Limited, Ashburton Management Company RF (Proprietary) Limited, Ashburton (Jersey) Limited and Ashburton Investor Services (Proprietary) Limited, these all being subsidiary companies of Ashburton Investments Holdings Limited, Ashburton Investments Holdings is in turn a wholly owned subsidiary of FirstRand Limited.
FNB has partnered Ashburton Investments, through its subsidiary, Ashburton Investor Services (Proprietary) Limited, (Registration Number 2011/139123/07), an authorised administrative financial services provider in terms of the Financial Advisory and Intermediaries Act, (Act No.37 of 2002, FSP Number 44341), to administer your investment.
These conditions become effective when you access the site for the first time and constitute a binding agreement between Ashburton Investments and yourself, which will always prevail. The current version of these conditions governs our respective rights and obligations each time you access this site.
A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
2. Nature of information on the site
All information on this site is only intended to provide you with general information about us and our products.
All information is provided "as is" and should not be treated as professional or investment advice of any kind. You should consult your own professional advisors before relying on any information on this site. This website may contain views or opinions that are not necessarily those of Ashburton Investments.
Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Ashburton Investments will not be liable for any inaccuracy in the calculation.
Subscribing to any service or buying any product through the website is subject to Ashburton Investments’ contractual terms and conditions and applicable legislation.
Unless indicated in writing by Ashburton Investments, nothing contained herein constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction.
3. Information feeds
We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
4. Linked sites
This site may contain links to other websites. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. Where you access a third party website, you do so at your own risk.
5. Electronic transactions, instructions, communications and records
If you subscribe to a service or product provided on the website, you must ensure that your information is true, accurate and complete as prompted by the registration process for using the service or transaction in the product.
Ashburton Investments shall be entitled to regard all instructions and transactions received from you as actually originating from you and to act on such instructions.
When you communicate with Ashburton Investments by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by Ashburton Investments. You thereby agree that all electronic agreements, notices, disclosures and other communications sent by Ashburton Investments satisfy any legal requirement that such communications should be in writing.
You accept the risks inherent in electronic communication in whatever form and consent to Ashburton Investments acting on the information communicated to by you to us electronically. It is your responsibility to ensure that Ashburton Investments has received the information communicated electronically.
You acknowledge and consent that Ashburton Investments, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Ashburton Investments will constitute rebuttable proof (it may be challenged) of the content of the records. Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Ashburton Investments.
You acknowledge that no cooling off period is applicable to any transaction on this website since the Electronic Communications and Transactions Act No. 25 of 2002 specifies that the cooling off period provisions do not apply to an electronic instruction for financial services, including but not limited to investment services.
6. User ID and password
If you subscribe to a service or product provided on the Ashburton Investments website you may be required to choose a User ID (an identifying name) and a password, as Ashburton Investments may determine from time to time.
Each time you access the website to logon for purposes of transacting, you will be prompted to enter your User ID and password.
You are entirely responsible for maintaining the confidentiality of your password, monitoring and being aware of all the activities happening on your investment account. You must notify Ashburton Investments immediately should you be aware of any unauthorised use of your user ID and/or password, either with or without your knowledge.
You are obliged to log-off from the website once you have completed performing a transaction. Failure to log-off after transacting which results in an authorised transaction or a fraudulent activity on the website under your online profile shall be for your account.
7. Permission for hyperlinks, deep linking, crawlers and metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
An application for linking must be submitted to
webmaster@ashburtoninvestments.co.za. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected.
Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
8. Our intellectual property
This website may contain information proprietary to Ashburton Investments, and may not be reproduced or disseminated in whole or in part without Ashburton Investments' written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site.
Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
An application to use our intellectual property must be submitted to
webmaster@ashburtoninvestments.co.za. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected.
Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
9. Transmission of information
As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.
10. Termination, suspension and limitation
We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.
11. No warranties or representations
We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
12. Disclaimer and limitation of liability
Ashburton Investments does not warrant that any information contained herein is complete or correct, and you shall not be entitled to place any reliance on the information contained in this website for any purpose.
Use of this site is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it.
We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the information contained on this site or your inability to use this site. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
13. How disputes will be resolved
All disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation.
Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
14. The law governing our relationship
The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
15. Conflict of Interest policy
Conflict of interest policy
16. Privacy policy
Personal Information
Your privacy is important to us and Ashburton Investments is committed to ensuring that your personal information is kept confidential.
Use of information
Personal information is used as is appropriate in the normal course of business to provide the products and services you have requested. We may retain any information for purposes of investment transaction and administration to monitor our site or to communicate directly with you, unless expressly directed by you not to do so.
Information security and quality
We intend to protect the quality and integrity of your personal information in all respects, including the use of encryption technology. However, we cannot guarantee the security of any information you transmit to us electronically and you do so at your own risk.
Sharing of information
We will not sell, rent or trade your personal information to any third party and we will take all reasonable steps to ensure that information collected by us is kept strictly confidential. We will only disclose or report personal information when lawfully required to do so and to comply with any relevant legalisation, or regulatory authority or any legal process.
Changes to this Privacy Policy
We reserve the right in our sole discretion to amend this Privacy Policy from time to time. You agree to review the Privacy Policy whenever your visit this website for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
Which laws apply?
This Privacy Policy will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, you and owners of this website submit to the jurisdiction of the South African Courts.
Questions regarding this Privacy Policy should be directed to the Ashburton Investments compliance department on
compliance@ashburtoninvestments.co.za.
17. FAIS Complaints Resolution Policy
Complaints resolution policy
18. Promotion of Access to Information Act
The promotion of Access to Information Act, No. 2 of 2002 was enacted to give effect to the constitutional right of access to any information held by any private or public body that is required for the exercise or protection of any rights. Certain requirements, however, have to be met for access to any information being granted.
The Act requires that a manual be prepared to assist people in exercising their right of access to information. Please click here to access our manual
Ashburton Investments
A part of the FirstRand Group
FNB Investments Secure On-line Access Terms and Conditions
Definitions
Administrator/us/we/our: FNB Investor Services Proprietary Limited, (Registration Number 2011/139123/07), an authorised administrative financial services provider in terms of the Financial Advisory and Intermediaries Act, (Act No.37 of 2002, FSP Number 44341) and the administrator of your investment.
Financial Advisor: A representative of an authorised financial services provider in terms of the FAIS Act and who has entered into terms of business with the Administrator.
FNB: First National Bank, (Registration Number 1929/001225/06), a division of FirstRand Bank Limited, a registered Financial Services and Credit Provider.
Investor: Any person who has beneficial ownership of an investment and/or financial product offered by the Administrator and who has entered into a contract with the Administrator to purchase an investment and/or financial product.
Website: for purposes of these terms and conditions the Administrators' secure website at
http://www.investments.fnb.co.za through which we enable users to access information.
Acceptance
Only a person authorised and registered to use this Website may login and access the Website.
This agreement applies to you if;
- you are an Investor who has applied for on-line access
- you are a Financial Advisor who has signed terms of business with Ashburton Investments
- you are an assistant to a Financial Advisor
- you are an authorised user of a Financial Services Provider
and are utilising the Website.
These terms and conditions become effective when you access the site for the first time, or register for and/or login to the Website and constitute a binding agreement between the Administrator and yourself, which will always prevail. This version of these terms and conditions govern our respective rights and obligations each time you access this site. A certificate signed by the Administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
This agreement applies along with the other Terms & Conditions that govern your investment made available by the Administrator, our services and our relationship with you.
Access
The Website will provide you with the ability to submit information via the Website, such as lodging an application for an investment, updating of information or with view access to information on your investment.
We reserve the right to accept or reject any application for access to the Website at our discretion.
We will use all reasonable endeavours to provide you with continuous access to the Website but we cannot guarantee it. You acknowledge that services may not be error free and can be interrupted and variable due to technical issues or issues beyond our control. There will be periods where the Website is closed for maintenance and software upgrades. To minimise the impact on users we will endeavour to schedule these periods outside of business days and business hours between 8am and 5pm.
We will not be held liable for any loss incurred or suffered arising from any cause whatsoever as a result of any suspension or downtime of the Website.
Security
It is your responsibility to ensure you have secure access to the internet and we recommend that you change your passwords regularly via the Website to keep your details as secure as possible. In addition we strongly suggest that you do not use the same password for any other online accounts you hold.
It is extremely important to protect and to not disclose your username, passwords, or other secure information to any other party. Where we believe the integrity of our systems could be compromised by you providing your username and password details to a third party, we reserve the right to block online access to your investment account. Where such disclosure leads to your account being blocked we will not be liable for any losses that could arise. You will be responsible for all losses or damages incurred as a result of compromising your secure information and will not us liable for any loss or damage resulting from such a breach.
If you suspect that the secrecy of your login details has been compromised, or that someone has fraudulently accessed the Website you must notify us immediately.
Using your login details represents a valid and binding electronic signature and therefore forms the basis for us to enable you to access the Information permitted by the Website. You remain responsible for any activities that occur on the Website where your login details have been used to gain access.
Nature of information on the site
All information is provided "as is" and should not be treated as professional or investment advice of any kind. You should consult your own professional advisors before relying on any information on this site. We will take all reasonable measures to ensure the security and accuracy of the information published on this site. However, we do not make any representations or warranties, either implied, as to the accuracy, completeness or reliability of information contained on the site, and we will not be bound in any manner by the information contained herein and we will not be responsible for any inaccurate or security breach committed on the site.
We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Investment Statements
We will make available investment statements on the site on a quarterly basis in respect of an investment which you can download from the site. The information provided in respect of an investment will be on the site for a reasonable period of time from the date of making it available but no longer than six months. It is your responsibility to save the information should you wish to retain it for a period longer than six months.
Financial advisor fees
We will provide balances on Financial advisor fees payable to a Financial Advisor (an authorised FSP) on the site and such information will be taken as a true reflection of Financial advisor fees due at the time such information was provided on the site, unless you are able to prove the contrary. Should you not be in agreement with the amounts reflected, you will advise us as soon as possible.
Transmission of information
You may submit or transmit an application form and supporting documentation in respect of an investment to us via the site. We will not enquire as to the authority or identity of any person who accesses the site or transmits information provided that such access to the site complies with our user access requirements communicated to you based on these terms and conditions. When submitting scanned documents, you must comply with our requirements in this regard including but not limited to all our security, protocol and formatting requirements. We may from time to time in our discretion request that you provide us with a certified copy of an original document transmitted to us via the site or provide us with sight of an original of such document. We will accept as correct details of information transmitted to us by you and authorise us to process such information for purposes of an investment. We will use reasonable endeavours to execute all instructions or submission of information through this site in a prompt and timeous manner. However, we will not be responsible and disclaims all liability for any claims arising from the late or delayed attendance, due to technical or connectivity failures outside our control. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.
Onus of proof and retention of Records
In the event of a dispute as to the information or documents provided to us through the use of the site, it is assumed that the records maintained by us will be correct unless you are able to prove the contrary.
Privacy
We will do all things reasonably necessary to protect your rights of privacy while you are using the Website. However, information transmitted via the Internet, including email, is susceptible to unlawful access and/or monitoring. We shall not be held responsible or liable for any loss suffered by you as a result of the unauthorised or unlawful disclosure and/or use of any of your Information by third parties who are not subject to our control.
The Information Regulator (South Africa)
SALU Building
316 Thabo Sehume Street
Pretoria
Tel: 012 406 4818
Fax: 086 500 3351
Email:
inforeg@justice.gov.za
Linked sites
This site may contain links to other websites. While we try to provide links only to reputable websites, we cannot guarantee security or accuracy to information made available on other websites and do not accept any responsibility or liability for the information provided on other websites. Where you access a third party website, you do so at your own risk.
Permission for hyperlinks, deep linking, crawlers and metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time. An application for linking must be submitted to
webmaster@ashburton.co.za. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected. Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
Our intellectual property
This website may contain information proprietary to the Administrator and FNB, and may not be reproduced or disseminated in whole or in part without our written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes. An application to use our intellectual property must be submitted to
webmaster@ashburton.co.za. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Termination, suspension and limitation
We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.
No warranties or representations
We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
Disclaimer and limitation of liability
We do not warrant that any information contained herein is complete or correct, and you shall not be entitled to place any reliance on the information contained in this website for any purpose. Use of this site is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it. We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the information contained on this site or your inability to use this site. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Complaints and disputes
We will deal with any complaints and queries that you may have in line with our Complaints Policy.
FAIS Ombud address and contact details
125 Dallas Avenue Menlyn Central
Waterkloof Glen
Pretoria
0010
Tel: 086 066 3274 / +27 (0)12 762 5000
Email:
info@faisombud.co.za
Changes to these Terms and Conditions
We may change these terms and conditions from time to time. You acknowledge that by accessing the Website you will be bound by the current version of these terms and conditions and all previous versions shall be superseded by the current version. If you object to these terms and conditions you are entitled to terminate your online access.
How disputes will be resolved
All disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration. That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
The law governing our relationship
The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.