Terms and Conditions

Welcome to the Alexander Forbes Investments Limited (the issuer of the policy/administrator) Internet web site. By clicking on YES you hereby acknowledge and admit that you have carefully read the terms and conditions of this legal notice, that you fully understand and appreciate its contents and that you unequivocally agree to be legally bound by its terms and conditions. If you do not agree with these terms and conditions, please do not access the web site by clicking on NO.

Advice

This information is not advice as defined and contemplated in the Financial Advisory and Intermediary Services Act, 37 of 2002, as amended. The issuer of the policy/administrator does not represent that the financial securities, products, instruments, services and transactions offered on the site are appropriate for purchase or use by all investors or other potential clients.

Neither the information and material, nor any opinion or view contained in the site, constitutes or is intended to constitute a solicitation, invitation or offer by the issuer of the policy/administrator to purchase or sell any financial securities, futures contracts, options contracts or other financial instruments or financial products or to enter into any financial, investment or other transaction.

TERMS AND CONDITIONS FOR THE USE OF THE ALEXANDERFORBESINVESTMENTS.CO.ZA WEB SITE

  1. INTRODUCTION

    1. 1.1. IMPORTANT NOTICE: These Terms and Conditions set out the terms of the agreement between you and us (“the Agreement”) under which we will provide you with access to the information and services we offer from time to time via the Alexander Forbes Investments website located at https://www.alexanderforbesinvestments.co.za/ (“the Site”). It is, therefore, very much in your interests to read them carefully.

    2. 1.2. If there is anything in this Agreement that you do not understand then please contact us as soon as possible by calling 011-505-6000 (the "Customer Number"). Please note that calls to the Customer Number are charged at national rates and may be monitored for training, security and quality assurance purposes.

    3. 1.3. Unless otherwise stated, the Site is provided to you by Alexander Forbes Investments Limited (hereinafter referred to as “Alexander Forbes Investments”), a company registered in the Republic of South Africa (Reg No: 1997/000595/06) having its registered office at 115 West Street. References to "we", "our" and "us" are references to Alexander Forbes Investments.

  2. SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“The Act”)

    1. 2.1 Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:

      1. 2.1.1. All our contact details are set out in clause 10 below.

      2. 2.1.2. Goods and/or Services: The goods and/or services provided through the website are various services which enable you to give instructions to Alexander Forbes Investments in respect of your investment account.

      3. 2.1.3. Complaints and Disputes: We invite you to contact us by way of the contact details set out in clause 10 below. We do not currently subscribe to any alternative dispute resolution code or mechanism.

      4. 2.1.4. Policies: Our policies are set out in this Agreement below.

      5. 2.1.5. In terms of Section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act will not apply to transactions concluded by means of the Site.

  3. USE OF THE SITE

    1. 3.1. You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.

    2. 3.2. The following activities on or through the Site are expressly prohibited:

      1. 3.2.1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site or the content contained thereon, without the prior written authority of Alexander Forbes Investments; and

      2. 3.2.2. the collection or use of any listings, descriptions, and/or price lists from the Site for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and

      3. 3.2.3. any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Site, or otherwise interferes with the proper and timely functioning of the Site;

      4. 3.2.4. any attempt to gain unauthorised access to the Site or its related systems or networks;

      5. 3.2.5. accessing the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and

      6. 3.2.6. the reverse engineering or decompiling of the Site to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Site.

    3. 3.3. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site and you accept full liability for all activities that occur on or related to the Site under your User Name. You may not:


      1. 3.3.1. impersonate another User or any third party; and

      2. 3.3.2. provide false information to gain access to the Site.

    4. 3.4. If an instruction is sent by means of the Site with regards to any of your investments held with Alexander Forbes Investments, a confirmation e-mail will be sent to your designated e-mail address. If you do not receive a confirmation e-mail then your transaction has not been successfully received by Alexander Forbes Investments. In such circumstances we suggest that you contact your client service number identified in paragraph 10 below.

    5. 3.5. Subject to the provisions of Clause 3.6, if an instruction is sent before 11am and Alexander Forbes Investments send a confirmation e-mail to you before 11am acknowledging receipt of your instruction, that instruction will be processed the same Business Day (means, unless otherwise stated, any day other than Saturday, Sunday or any public holiday in the Republic of South Africa). If an instruction is sent after 11am, that instruction will be processed the next Business Day.

    6. 3.6. You acknowledge and agree that while Alexander Forbes Investments will use its best endeavours to meet the undertaking as per clause 3.5 above, the processing of instructions is also dependent on factors including, but not limited to the following factors:

      1. 3.6.1. the nature of your policy;

      2. 3.6.2. the size of an investment or disinvestment made; and

      3. 3.6.3. the nature of portfolios in which you have invested;

    7. which may prevent the processing of an investment on that Business Day notwithstanding that an instruction has been received before 11am in accordance with clause 3.5.

    8. 3.7. Once an instruction has been successfully issued by means of the Site to Alexander Forbes Investments, it cannot be withdrawn and will be processed in accordance with clause 3.5 above.

    9. 3.8. Money payable pursuant to a disinvestment instruction will be paid into your designated bank account. Please note that your bank account details cannot be amended by means of the Site.

  4. INTELLECTUAL PROPERTY

    1. 4.1. All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Alexander Forbes Investments or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of Alexander Forbes Investments and is protected by South Africa and international copyright laws.

    2. 4.2. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Alexander Forbes Investments or the copyright owner.

    3. 4.3. You may not “mirror” any content contained on the Site on any other server unless with the prior written permission of Alexander Forbes Investments.

    4. 4.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, provided that the link does not portray Alexander Forbes Investments, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Alexander Forbes Investments logo or any other proprietary graphic or trademark whatsoever as part of the link without the express written permission of Alexander Forbes Investments, its affiliates and/or content suppliers.

    5. 4.5. All trademarks are and shall remain the exclusive property of Alexander Forbes Investments.

    6. 4.6. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

  5. LIMITATION OF LIABILITY

    1. 5.1. Whilst every attempt is taken by Alexander Forbes Investments to ensure your security when making use of the Site, due to the nature of the Internet we cannot guarantee that any products and services or any websites accessible via the Site are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

    2. 5.2. We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Site.

    3. 5.3. While we make all reasonable efforts to ensure that all information provided by us in connection with the Site is accurate at the time of its inclusion on the Site, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

    4. 5.4. Information provided by Alexander Forbes Investments does not constitute legal or professional advice and should not be relied upon as such without taking independent advice.

    5. 5.5. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Alexander Forbes Investments Service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of confidentiality of such information.

  6. OUR LIABILITY TO YOU

    1. 6.1. We shall not be liable to you in contract, delict (including for negligence) or otherwise:

      1. 6.1.1. for any amount in respect of any damage or loss arising from the consequences of your use of the Site, viruses received by you via the Site or of our failure to provide the Site in accordance with this Agreement; or

      2. 6.1.2. for any economic losses, any indirect, special or consequential loss, loss of data, goodwill or reputation or any wasted expenditure including but not limited to losses caused by your use of the Site or through any viruses.

      3. 6.1.3. for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).

    2. 6.2. Each provision of this clause 6 operates separately. If any part is held by a court to be invalid, unreasonable or inapplicable then the other parts shall be severable and shall still apply in their entirety.

  7. CHANGES, SUSPENSION, AND TERMINATION

    1. 7.1. We may alter and/or amend the Site at any time without giving notice to you.

    2. 7.2. We may suspend or terminate the Site at any time without giving notice to you.

    3. 7.3. Alexander Forbes Investments may terminate your website access account referred to in clause 3.3 above at any time for any reason, including any improper use of this site or your failure to comply with this Agreement.

    4. 7.4. Such termination shall not affect any right to relief to which Alexander Forbes Investments may be entitled.

    5. 7.5. Upon termination of this Agreement, all rights granted to you will terminate and revert to Alexander Forbes Investments.

    6. 7.6. Alexander Forbes Investments may at any time modify the Terms and Conditions making up this Agreement and your continued use of this site will be conditioned upon the Terms and Conditions as amended and in force at the time of your use.

    7. 7.7. We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the site, as these may have been modified since your last visit.

  8. ALEXANDER FORBES INVESTMENTS PRIVACY POLICY

    1. 8.1. This clause 8 provides details about our Privacy Policy, which Policy forms part of this Agreement.

    2. 8.2. You are not required to provide any personal information on the Site unless you choose to provide your name, mailing or e-mail address to request information.

    3. 8.3. We will not transfer your personal information to any non-Alexander Forbes Investments entity for commercial purposes. If you provide your e-mail address, you may receive e-mails from us to be contacted by an Alexander Forbes Investments representative to follow up on your interest or questions.

    4. 8.4. Our web server will log your Internet Protocol (“IP”) address or the IP address of your proxy server. It will not systematically track your domain name or your e-mail address for any purpose.

    5. 8.5. We do not currently use “cookie” technology on the Site although other sites accessible or redirected from the Site may use “cookie” technology. If we add any “cookies” to the Site in the future, we will change this notice to explain how “cookies” are used.

  9. GOVERNING LAW AND JURISDICTION

    1. This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and us with regard to the use of the Site.

  10. CONTACT DETAILS

    1. In the event that you need to contact us for purposes related to this Agreement, please make use of the following contact details:

    2. Telephone:
    3. Romy Efroiken on (+27) 11 505 6124
    4. Maria Da Silva on (+27) 11 505 6126

    5. Registered Address (and address for legal service):
    6. 115 West street
    7. Sandton

    8. Postal Address:
    9. P. O. Box 786055
    10. Sandton
    11. 2146

    12. This Agreement was most recently updated on 13 January 2016.