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Terms and Conditions

Investec plc and Investec Bank plc

Please read these terms and conditions carefully. Together with our privacy policy, they govern our relationship with you in relation to this website (The websites to which these terms and conditions apply and for which we are responsible are www.investec.com and associated Microsites accessed in the UK.

Where we refer to "this website" we mean each of www.Investec.com and each associated Microsite.)

If you have any questions about them or do not wish to accept them, please contact us by clicking here before using this website.
We may change these terms and conditions or our privacy policy at any time by updating this page. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use this website.

This website is currently intended for those who access it from within the United Kingdom. Because of this, we cannot guarantee that the site or the information thereon complies with or is appropriate for use in other places, and accordingly it should only be used by persons who access it from within the UK.


1. Information about us
We are Investec plc and Investec Bank plc, each company being registered in England and Wales at Companies House. Our registered office is 2 Gresham Street, London EC2V 7QP and our registered numbers are 03633621 and 00489604 respectively. Our VAT number is 480 9126 39.
Investec Bank plc is authorised and regulated by Financial Services Authority.
You can contact us by email by clicking here or by telephone on +44 (0) 207 597 4000.
The website to which these terms and conditions apply and for which we are responsible is www.investec.com accessed in the UK.

2. Use of the website
We have made this website available to you for your non-commercial use. We may modify, withdraw or deny access to this website at any time.
This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text
You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.
You may print or download materials from this website for your personal, non-commercial use provided that:

  • no materials are modified in any way;
  • no graphics are used separately from accompanying text;
  • our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
  • if you have our permission to provide these materials to another person, you ensure they are made aware of these restrictions.


3. Content
This website is intended to provide general information regarding us, our products and services, and other financial information which may be of interest to you. It is not intended to provide exhaustive treatment of any subject dealt with.

The information on this website including all research, opinions or other content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified person.
The website may include technical, typographical or other inaccuracies and you are urged to contact us to confirm all information contained on this website before placing any reliance on it. Changes are periodically made to the information on this website and these changes will be incorporated in new editions of this website. We reserve the right to alter or amend any criteria or information set out in this website without notice.

If the website contains statements or information which relate to projections, plans or objectives or future economic performance you should be aware that these projections are only predictions and that actual events or results may differ materially. Past performance of any investment or security is not necessarily an indication of future performance. Value of investments may go up as well as down.

4. No offer
Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the website.

No information or content contained on this website should be taken as an offer by us. All services offered by us are subject to completion (in the manner required) of the requisite application forms and other documentation and are governed by our relevant terms and conditions. We reserve the right to reject at our absolute discretion any application submitted for services contained on this website.

If you make a contract with a third party who is named or referred to on this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

5. Transmission Of Information
Your attention is drawn to the fact that information transmitted via the Internet is susceptible to monitoring and interception. You will bear all risk of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us. We reserve the right to request independent verification of any information transmitted via e-mail.
Please be aware that any unsolicited confidential or proprietary information sent to us via the Internet cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission.

6. Limitation of Liability
The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained below remains unaffected by this.

We do not accept any liability for any acts or omissions resulting from your decision or opinion formed on the basis of you use of the website. Use of this website is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on the website to the maximum extent permitted by law.
We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time, that access will be uninterrupted, that there will be no delays, failure, errors or omissions or loss of transmitted information. We reserve the right to withdraw or modify this website at any time. We shall not be liable to you for any physical loss or damage to your computer as a result of your use of this website, including any damage arising as a result of a virus. You have sole responsibility for adequate protection and back up of data and/or equipment.
These terms and conditions do not exclude our liability (if any) to you for:

  • personal injury or death resulting from our negligence;
  • fraud;
  • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
 
7. Disclaimer
We do not make representation that information and materials on this website are appropriate for use in all jurisdictions available on the web, or that transactions, securities, products, instruments or services offered on this website are available or indeed appropriate for sale or use in all jurisdictions, or by all investors or other potential clients. Those who access this website do so on their own initiative, and are therefore responsible for compliance with applicable local laws and regulations. By accessing each site, the entrant has agreed that he/she has reviewed the website in its entirety including any legal or regulatory terms.


8. Links to other website and services

The website may contain links to other websites, which are not under our control. The links to other sites are for your convenience and we do not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the website.

9. Connected Interests
Investec plc, Invested Bank plc and any company or individual connected to these entities including these entities’ directors and employees may have a position or interest in any investment or service recommended in this or other Investec website.

10. World Wide Web
The contents of this website are not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Investec website is prohibited. Persons in respect of whom such prohibitions apply must not access the Investec website.

11. UK Section 57 Financial Services Act
For the purposes of the above Act, the contents of this website has been approved for distribution in the United Kingdom by Investec Bank plc. No protection is afforded to individuals accessing this website outside the UK.

12. Governing Law and jurisdiction
These terms and your use of this website are governed by and construed in accordance with laws of England and Wales and any disputes will be decided only by the courts of England and Wales.

13. Severability
If any part of these terms and conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law

Data Protection

Introduction

By providing us with any information you will be agreeing to the provisions set out below, together with any other terms you have agreed with us where relevant. Please ensure you have read and understood these terms before you send us any information. They will apply to any information you have already provided.

If you are a customer or client of the Investec Group, details of the information we collect and how we use it will also be set out in the terms and conditions of the relevant product or service. In the event of a conflict between this Data Protection Policy and the terms and conditions of your specific product or service, the terms and conditions of your specific product or service will take precedence.

We reserve the right to revise or supplement this Data Protection Policy from time to time at our sole discretion, and you agree to revisit this policy regularly at www.investec.com (UK site) to ensure you are familiar with the most current version. By continuing to deal with us you will be agreeing to any such changes.

You must not send us personal information about someone else without first getting his or her consent for it to be used and disclosed in the ways set out in this policy. This is because we will assume he or she has consented – although we may still ask for confirmation from them. Where you do give us information about someone else, or someone else discloses a connection with you, that information may be taken into account with your other personal information.

We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from or about you. We use your personal information in accordance with this Data Protection Policy and will fully comply with all applicable UK data protection legislation (including the Data Protection Act 1998). It is important that you take all necessary and appropriate steps to protect your data yourself (for example, by ensuring that all passwords and access codes are kept secure).

Use of information collected
We may process, transfer and disclose your information for the purposes of:

  • providing you with services, managing your accounts and complying with the your instructions;
  • verifying your identity;
  • taking credit decisions;
  • detecting and preventing fraud;
  • compliance with laws and public duties;
  • monitoring and/or recording your telephone calls and electronic transactions in order to accurately carry out your instructions;
  • to assist in improving the Bank’s services and in the interests of security and crime prevention;
  • market research and providing you with information via mail, telephone or other means about the Investec Group‘s products or services from time to time; and
  • analysis in order to assess and improve the Bank’s business or the business of the Investec Group and the services the Investec Group offers.

The processing, transferring or disclosing of your information as set out above will be undertaken strictly in accordance with the Data Protection Act 1998.

We may use credit scoring or other check mechanisms and search files of credit reference agencies when carrying out identity and anti-fraud checks, when considering any application you may make and in the course of providing any products or services to you. We may also carry out other identity and anti-fraud checks. Credit reference agencies may keep a record of any search. Further checks and searches may be carried out from time to time for the purposes of fraud prevention and credit control.

We may contact you about products and services available from the Investec Group which we believe may interest you from time to time. We may do this by post or by phone unless you have told us in writing not to; and by e-mail, text or other electronic means if you have told us in writing that we can. You may tell us in writing at any time if you change your mind. We will respect any election by you, through signing up to a preference service or otherwise, not to be contacted by a certain method of communication unless and until you notify us in writing that you wish to be contacted by such method again.

Your personal information may be passed to and used by companies within the Investec Group of companies and the Bank’s agents and sub-contractors who administer or process the information on our behalf. Please contact the Company Secretary at our address for an up-to-date list of the current members of the Investec Group.

International transfer
We may transfer your personal information outside the European Economic Area (EEA) to such countries, which may not offer the same level of data protection as the United Kingdom.

In particular, your information may be sent to USA and South Africa. If the Bank does this, the Bank will ensure that anyone to whom the Bank passes your information agrees to treat your information with the same level of protection as if the Bank were dealing with it.

Access rights
You have a right to access the personal data that is held about you. To obtain a copy of the personal information the Bank holds, you should write to the Data Protection Officer at our address. We will respond to you within forty days of receipt of the request and the Bank will charge the statutory rate for this service, which at present is £10. If there are any inaccuracies in the information we hold about you, please notify us of this in order that we may correct the information we hold about you.

If you have any comments or questions about the Bank’s Data Protection Policy please contact the Data Protection Officer at the Bank’s address.

Glossary:
“Bank”, “us” or “we” means Investec Bank plc.

“Investec Group” means the Bank, Investec plc and Investec Limited (a company registered in South Africa) together with the holding companies (and other subsidiaries thereof) and any direct or indirect subsidiaries of those three companies.

“our address” means 2 Gresham St, London, EC2V 7QP.

“you” means a person or entity of any kind including any partnership or charity (along with its directors, officers, connected persons and relevant parties) and “your” is to be interpreted similarly.


 

Copyright © Investec Limited 2008
Article from Investec: http://www.investec.com/en_pb/home/legal/important_information.html

Published: Monday, February 15, 2010

 
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