Investec Mobile Application Use Terms

These Mobile Terms incorporate the following provisions (and their subordinate provisions) of the Terms by reference:
 

• Important Provisions in these Terms (this section includes important
• information about the liability implications of these Mobile Terms);


• Legal Age and Capacity;


• Service Use;


• Investec’s Content Licence;


• Governing Law and Jurisdiction;


• Liability;


• Severability;


• We May Monitor Your Communications;


• Documents and Notices; and


• How to Interpret These Terms.

The provisions incorporated into these Mobile Terms from the Investec Service Terms of Use (“Terms”) must be read as being applicable to the Mobile Application and/or these Mobile Terms, to the extent doing so does not materially change their meaning. To the extent the provisions of Mobile Terms conflict with the Terms, the provisions of these Mobile Terms will prevail to the extent of the conflict.



The defined terms in the Supplementary Glossary in these Mobile Terms have specific meanings in the context of these Mobile Terms and shall be interpreted in accordance with the principles set out in the Terms.

You may be required to register with Investec in order to make use of the Mobile Application. In the event that you are required to register with Investec to use the Mobile Application, you will use your username and password to access and secure your account. Once registered, you will be able to log into your account using your username and your password. In order to successfully complete the registration process, you are required to submit personal information to Investec. When you do so, you assure us that your personal information is accurate, current and complete. Investec may limit or terminate your use of the Service and Related Services if your information is inaccurate or incomplete. Investec may take steps to verify your personal information, particularly with reference to other information which Investec holds about you.

Investec will process your personal information in accordance with the Investec Privacy Policy. For information about Investec’s data protection practices, please read the Privacy Policy which explains how Investec processes and protects your personal information when you use the Mobile Application.

While Investec will take reasonable steps to protect your personal information, your account’s security is your responsibility, and you agree that –
 

• You are responsible for ensuring that your personal information is accurate, current and complete;

   
• You will notify Investec as soon as you become aware if you believe your account has been compromised in any way; and

   
• If any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.

You agree that Investec may process your personal information in accordance with the Investec Privacy Policy.

You acknowledge and agree that Investec owns or has licenced all the Intellectual Property rights in the Mobile Application.

Investec grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to use the Mobile Application. This limited licence is subject to the following restrictions which you agree to: Except as expressly permitted by these Terms, you agree not to, nor will you allow any Third Party (whether or not for your benefit) to:

• Run, rent, lease, loan, or sell access to the Mobile Application;


• Decompile or reverse engineer or attempt to access the source code of the software underlying the Mobile Application;


• Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Investec Intellectual
  Property;


• Use the Mobile Application to build products or services using similar ideas, features, functions, interface or Content made available through the Service;


• Use any aspect of the Mobile Application by any means other than as permitted in these Mobile Terms;


• Circumvent, disable or otherwise interfere with the Mobile Application’s security related features or any other features that prevent or restrict use or copying of any Content, protect sensitive or confidential data or enforce limitations on Mobile Application Use;


• Use the Mobile Application in such a way as to interfere with Mobile Application use, so as to constitute a denial, including a partial denial, of service to Users; or


• Delete the copyright and other Intellectual Property Rights notices posted to the Service.

Investec may add new features, where features may or may not include Value Added Services, to the Mobile Application and modify or even discontinue existing features, including discontinuing such Value Added Services without notice to you and you agree to this.

Investec will reasonably endeavour to notify you of proposed changes to the Mobile Application using your personal information.


You agree to comply with all local laws, rules and regulations which govern your Mobile Application use as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

• Take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted using the Mobile Application;


• Submit personal information belonging to another person when using the Mobile Application without that person’s informed consent;


• Collect or attempt to collect personal information about third parties without their knowledge or consent for commercial, political, charity or similar purposes;


• Attempt to gain unauthorised access using the Mobile Application including (without being limited to) through hacking, password mining or any other means;


• Use the Mobile Application to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;


• Copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Mobile Application’s source code or any part thereof, unless this is expressly permitted or required by law, or unless Investec has specifically told you that you may do so, in writing;

 
• Use the Mobile Application in any manner which could damage, impair, overburden or disable the Service or Related Services or interfere with any other users’ Mobile Application use;


• Use the Mobile Application to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;


• Use the Mobile Application to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”;


• Use the Mobile Application in a manner that may infringe the Intellectual Property rights (for example copyright or trademarks) or other proprietary rights of others; and/or


• Otherwise use the Mobile Application to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in Investec’s sole discretion (and which decision shall be final), then Investec shall be entitled, without prejudice to any other rights Investec may have, to:
 

• without notice, suspend or terminate your licence to use the Mobile Application;


• hold you liable for any costs Investec incurs as a result of your misconduct; and/or


• notwithstanding Investec’s privacy policy referred to below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.
   

Subject to the provisions of the Regulation of Interception of Communications and Provision of communication-related Information Act of 2002 (“RICA”), you agree to permit Investec to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the Mobile Application.

You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the Electronic Communications and Transactions Act of 2002 and in RICA.

The Mobile Terms will continue to apply until Investec terminates these Mobile Terms on one or more of the grounds set out below. You may withdraw as a party to these Mobile Terms at any time by deleting your account and ceasing your use of the Mobile Application entirely.


Investec may at any time terminate its contract with you or terminate your access to the Service (or both) if:
 

• You have breached any provision of the Mobile Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Mobile Terms); or

    
• Investec is required to do so by law (for example, where the provision of the Mobile Application to you is, or becomes, unlawful); or

    
• the Mobile Application’s provision is or becomes, in Investec’s opinion, no longer commercially viable.


In the event Investec terminates its contract with you, you may no longer make use of the Mobile Application in any way.

• “Mobile Application” means the set of services, application programming interfaces and functions which enable users to retrieve data from the Service or Related Services or to make data available to the Service or Related Services;


• “Mobile Terms” means these terms and conditions setting out the rules, terms and conditions governing Mobile Application use which they describe or otherwise relate to;


• “personal information” bears the meaning contained in the Promotion of Access to Information Act (No.: 2 of 2000), as amended from time to time;


• “Privacy Policy” means the Investec privacy policy located at http://www.investec.com/legal/privacy-policy.html, as amended from time to time;


• “Related Services” means additional products and services which are accessible through the Mobile Application;


• “Related Services Terms” means the terms and conditions governing the Related Services, from time to time;


• “Service” has the meaning specified in the Terms;


• “Terms” means the Investec Service Terms of Use located at http://www.investec.co.za/legal/important-information.html;


• “use” shall, in the context of the Mobile Application, includes Content and Related Services use in the manner ordinarily permitted by the Mobile Application as read with the Terms and Related Services Terms;


• “Value Added Services” means, from time to time, the facilitation by Investec of the sale of mobile phone airtime and data bundles, and/or traffic fines, and/or electricity vouchers.