Investec means Investec Bank plc, its subsidiaries and affiliate companies. Investec Bank plc is registered in England under company number 00489604 and has its registered office at 30 Gresham Street, London EC2V 7QP. References to “we”, “our” or “us” are references to Investec.
Investec APIs means the application programming interfaces developed and provided by Investec that are made available to users through the specific urls provided to you by Investec for the purpose of allowing You to access data relating to the trust deposit services.
Intellectual Property Rights means any right, title or interest in: copyrights, rights in databases, patents, inventions, patents, trademarks, trade names, goodwill, rights in internet domain names and website addresses, designs, know how, trade secrets and other rights in confidential information, whether registered, unregistered or not capable of being registered in any country or jurisdiction, including all other rights having equivalent or similar affects which may now or in the future subsist anywhere in the world.
You or Your means any person accessing or using the Investec APIs.
"Organisation" means you (and if you are using the Investec API on behalf of a legal person, business or other organisation (Organisation) includes you and also such Organisation)
3. Changes to the Investec APIs
3.1. We may modify, enhance, amend or replace the Investec APIs from time to time, and may change the content or services made available to you via the Investec APIs at any time. We may add new features or discontinue existing features without any notice to You.
3.2. By continuing to use, and have access to, the Investec APIs, You agree to accept any changes Investec make to them. If You do not agree with any changes that are made, please do not continue to use the Investec APIs.
4. Permitted Use
4.1. The Investec API can be accessed at https://openapi.investec.com.
4.2. As part of Your use of the Investec API, You may access or otherwise use content, images, photographs, illustrations, icons, texts videos, audio written materials, software or other content, materials or data made available via the Investec API (API Data).
4.3. We grant You a revocable, non-exclusive, royalty-free, non-transferable, non-sub-licensable licence to access and use the Investec APIs for the purpose of providing You with access to the API Data and to allow you to integrate such API Data with your systems and services (the “Purpose”), provided that You shall not:
b) remove, alter or cover up any trade mark, service mark, copyright and other proprietary notices contained in the API Data;
c) without Investec's prior written consent, make derivative works of, or commercially distribute or otherwise exploit the API Data, or use the Investec Platform or any API Data in a way that inaccurately suggests an association between You and Investec, or Investec's licensors; or
4.4. You may:
a) access the API Data made available to You through the Investec APIs; and/or
b) integrate the Investec APIs into your Application, solely in order to fulfil the Purpose.
4.5. Our 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.
4.6. You will ensure that you comply with all laws in connection with your use of the Investec APIs.
4.7. You agree:
a) to access the Investec API only using the API key that Investec give to You;
b) to keep Your API key secure and that You are responsible for any use of the Investec API using Your key; and
c) that end users shall not be prompted to provide any passwords, usernames or other login details that they use to access the Investec Platform directly to You, however these details may be stored within the Investec API in accordance with the Investec’s security standards.
4.8. You must:
a) obtain end user consent to allow the Application to access the Investec Platform through the Investec API; and
b) ensure that Your use of the Investec API complies with:
ii) all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant jurisdiction, government or regulatory agency or other regulatory body.
5. Your account and password
5.3. You are responsible for your access to the Investec APIs and for all activities that occur under your account details.
5.4. If you know or suspect that anyone other than you may be able to access the API using your credentials (for example, you suspect someone knows your user API key, identification code or password), you must notify us immediately.
6. Prohibitions on Use
6.1. Except as may be permitted under applicable law, you shall not:
a) use the Investec APIs:
i) in a manner that is contrary to applicable law;
ii) for any purpose which is unlawful, abusive, defamatory, libellous, harmful, obscene, threatening or may otherwise cause offence (including uploading any material that contains a virus or malicious code);
iii) for any purpose that could, or could potentially, infringe the Intellectual Property Rights, privacy, confidentiality or other rights of Investec or any third party;
iv) in any way which does or could potentially breach a legal duty to anyone else (including a duty of confidentiality) or infringe a person's right to privacy;
v) to promote discrimination or in a way that is likely to incite hatred;
vi) in a way that causes or is intended to cause annoyance, inconvenience or needless anxiety; and/or
vii) for any other purpose other than that for which your access was granted;
c) either in whole or in part, attempt to reverse engineer, reverse compile, decompile, disassemble, deconstruct, or otherwise reduce to human-perceivable form all or any part of the Investec APIs;
d) access all or any part of the Investec APIs in order to build a product or service which competes with the Investec APIs;
e) use the Investec APIs to provide services to third parties;
f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Investec APIs available to any third party;
g) misuse the Investec APIs by knowingly or unknowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
7. Intellectual Property Rights and Content Ownership
7.1. All Intellectual Property Rights that are contained in the Investec APIs, belong to Investec or are licenced to Investec to use. Investec and our licensors reserve all rights in, and to, the Investec APIs.
7.3. You accept that the API Data may contain third party Intellectual Property Rights and You shall ensure that Your use of such API Data does not infringe those rights.
7.5. If You acquire any Intellectual Property Rights in the API Data, Investec Platform or any API Data, You shall transfer these rights (both existing and future) with full title guarantee to Investec or anyone else that Investec nominates (or You will make this happen immediately). You shall sign all documentation and do such things as We think necessary to transfer those rights.
7.6. You accept and understand that the Investec API and API Data contain confidential and proprietary information and You shall not conceal, modify, remove, destroy, or alter in any way any of Investec's proprietary markings on or in the Investec API, API Data or any related materials and documentation.
7.7. You grant Us a royalty-free, perpetual, irrevocable, non-exclusive, transferable licence to use, reproduce, copy, download, view modify, publish, edit, translate, distribute, perform, display and otherwise utilise any content or material that You provide to Us through the API including end user content or material and any data or analytics generated from the same, as set out in Our Data Protection Notice https://developer.investec.com/uk/data-protection-notice.
8. Access, Availability and Non-Reliance
8.1. We do not guarantee that the availability of, and access to, the Investec APIs, or any content accessible through them, will always be available or uninterrupted. Access to the Investec APIs is permitted on a temporary basis and at our sole discretion.
8.2. We do not guarantee that the Investec APIs, or any content accessible through the Investec APIs, will be free from errors or omissions.
8.3. You are responsible for making all arrangements necessary for you to have access to the Investec APIs.
9.1. We may suspend your access to, or suspend, withdraw, discontinue or change, all or any part of the Investec APIs at any time without notice at our sole discretion.
10. No representations and warranties
b) all access to the Investec APIs are made available to you on an "as is" and "as available" basis.
10.2. We make no representations, warranties or guarantees, whether express or implied, that the Investec APIs (including any data obtained via them) is accurate, complete or up-to-date.
11. Limitation of our Liability
11.2. To the full extent permitted by law, We will not be liable to you or any other user for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) your use of, or inability to use, the Investec APIs; or
b) your use of, or reliance on, any content accessed through the Investec APIs.
a) loss of profits, sales, business, or revenue; business interruption, or such other economic loss;
b) loss or corruption of data;
c) loss of anticipated savings;
d) loss of business opportunity, goodwill or reputation, and nor will we be liable for any indirect or consequential loss or damage;
e) losses howsoever arising from acting upon instructions and/or inaccurate information that we have received from you through the Investec APIs;
f) losses howsoever arising from unauthorised user access to the Investec APIs with your user API keys, identification codes or passwords.
11.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Investec APIs or to your downloading of any content accessible through the Investec APIs.
11.5. We will not be liable to you if for any reason the Investec APIs are unavailable at any time or for any period.
11.6. Investec shall not be responsible for the accuracy of the API Data that is transacted through or via the Investec API.
12. Data protection
12.1. Certain personal data relating to users may be transferred to Investec in connection with use of the Investec API as described in the relevant services agreement that You and Investec have in relation to the provision of the said services.
12.2. You shall at all times:
b) ensure that You (and all those acting on Your behalf) have a lawful basis for processing personal data using the Investec API and that any such processing is performed in accordance with all applicable laws;
c) ensure that each relevant end user and other data subject whose personal data will be processed or transmitted by the Investec API or shared with Us or any other person pursuant to Our Data Protection Notice has been provided with sufficient information (in an appropriate form) so as to enable fair, transparent and lawful processing (including sharing) of all such personal data by You and Us for the purposes and in the manner and on the lawful basis set out in the terms of Our Data Protection Notice in accordance with the obligations of each party under all applicable laws; and
for the purposes of the above ‘data subject’, ‘personal data’ and ‘processing’ (and related expressions) shall have the meanings given in the General Data Protection Regulation, Regulation (EU) 2016/679.
13.1. You shall keep Investec's confidential information confidential. This includes all information (of any kind and in any format and coming into Your knowledge, possession or control in any way) relating to Investec's business, finance or technology, know-how, Intellectual Property Rights, assets, strategy, products and other customers, where the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or how it was disclosed (Confidential Information).
13.2. You shall only use the Investec Confidential Information to use, and undertake development work with, the Investec API, and will give Investec notice of any unauthorised misuse, disclosure, theft or loss of Investec Confidential Information immediately upon becoming aware of this.
13.5. You may disclose Investec's Confidential Information as required by law. In the event that You become legally compelled to disclose any of the Confidential Information, then (to the extent permitted by law) You shall give Investec prompt written notice of the fact so that Investec may take such steps to prevent such disclosure as Investec deem appropriate and You shall co-operate with Investec in such manner as Investec may reasonably require.
14.1. You agree to indemnify Investec against all losses or damage that Investec may suffer related to:
a) the Application infringing the Intellectual Property Rights of anyone (including Us);
b) any misuse of the Investec API or API Data, including any claim Your use of the API Data infringes the Intellectual Property Rights or privacy rights of anyone else.
16.1. We do not guarantee that the Investec APIs will be secure or free from bugs or viruses.
16.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Investec APIs. You should use your own virus protection software.