My Personal Portfolio Terms and Conditions
1.1 These Terms and Conditions ("Terms"), govern your use of Investec's My Personal Portfolio Financial Management Services ("MPP Services"), which are offered by Investec Bank Limited (registration number: 1969/004763/06) and/or its authorised affiliates (hereinafter jointly referred to as "we", "us", "our" or "Investec") and certain third party service providers on Investec's behalf to you (hereinafter referred to as "you" or "your").
1.2 The MPP Services will be made available to you via the Investec Mobile Application and/or a website designated by Investec. The MPP Services enable you to have a consolidated view and analysis of your personal financial information, including information from Investec and/or other financial institutions or third parties ("Third Party Institutions") through an information technology system which operates as a data aggregation portal, designed for the purpose of enhancing the management of your personal financial information extracted from various sources ("MPP System").
1.3 As part of the MPP Services, you may choose to use one or more of the personal financial management tools and calculators ("Tools and Calculators") that are made available by Investec from time to time, which Tools and Calculators may assist you with your use of the MPP Services. Your use of such Tools and Calculators may be subject to separate terms and conditions which you will be asked to agree to prior to you choosing to use such Tools and Calculators.
2. Important provisions in these terms
These Terms contain provisions which limit our exposure to legal liability and make you responsible for a variety of acts. Some of these provisions have the effect of limiting your rights in law and placing obligations on you. These Terms are highlighted in bold text for your attention under these Terms.
2.1 The MPP Services are made available to you for a limited purpose and it is therefore important that you familiarise yourself with these provisions before you access the MPP Services.
3. Acceptance, Commencement and Registration
3.1 In order to gain access to the MPP Services, you are required to register with Investec in accordance with the "Mobile Terms" and/or the "Service Terms" and you will initially be required to enter your username and password created by you to access the Digital Services ("Access Details").
3.2 Your use of the MPP Services will accordingly be governed by these terms. You therefore acknowledge that it is your responsibility to comply with these terms in relation to your use of the MPP Services, and that all services offered by Investec requires the completion of the necessary electronic application form.
3.3 You will signify your agreement with these Terms and will be bound by them if you do either of the following:
3.3.1 use the MPP Services, in which case you understand and agree that Investec will treat your use of the MPP Services as acceptance of these Terms from the moment you first access the MPP Services; or
3.3.2 click to accept or agree to these Terms where Investec offers an option to do so.
3.4 If you do not agree with any provision contained in these Terms, please do not use the MPP Services.
3.5 These Terms shall remain in force and be binding on you until you terminate your use of the MPP Services or these Terms are terminated in accordance with clause 15 below.
3.6 In the event of a conflict between these Terms and either the Mobile Terms and the Service Terms, the Mobile Terms and Service Terms shall take preference over the provisions of these Terms.
4. Legal age and capacity
4.1 Before using the MPP Services you must make yourself aware of the obligations placed on you in the country you are primarily resident, or the country from which you are accessing the MPP Services. You may not accept these Terms if you:
4.1.1 lack the legal capacity to enter into a binding contract with Investec;
4.1.2 are a person who is not permitted to access or use the MPP Services under the laws of the country in which you are resident or from which you access the MPP Services; and/or
4.1.3 require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.
4.2 By accepting these Terms and then using the MPP Services you confirm that you are fully aware of any obligations placed on you, and you have any necessary consent required to enter into these Terms.
5. Information to be obtained from other institutions
5.1 The MPP Services require that you provide information to Third Party Institutions via a secure web based application. Each Third Party Institution will have been subjected to a stringent due diligence by the Investec Information Security and Investec Risk divisions. This will allow the MPP System to consolidate and aggregate your financial information in a totally encrypted, secure environment, without ever being seen by any authorised (Investec or Third Party Institution) or unauthorised persons. In order to derive the full benefits of the MPP Services you will be required to provide your log in details for Third Party Institutions or you may be required to upload your confidential information from Third Party Institutions (again, in an entirely encrypted manner using the most modern security features available and free from human intervention) where you have selected this functionality as part of the MPP Services. You undertake to:
5.1.1 ensure that you have the right to provide Investec with such information and that you are authorised to allow Investec to use and process such information as part of the MPP Services;
5.1.2 and not hide, falsify, or attempt to obscure your identity, account information and/or any other information provided to us.
5.2 Where you require Investec to obtain your information from any Third Party Institution, you authorise Investec to:
5.2.1 use the log in details, passwords and security access details which you provide to obtain the relevant information held by any Third Party Institution, including information held by Third Party Institutions who you are a customer of and with whom you maintain accounts or engage in financial transactions with;
5.2.2 view information which you may instruct Investec to access on your behalf; and
5.2.4 use, modify, display and/or distribute such information in order to provide the MPP Services to you.
5.3 You acknowledge that any permission which you provide to Investec in relation to your information under these Terms shall extend to Investec's third party service providers which may be involved in the provision of the MPP Services and/or MPP System.
6. Use of tools and calculators
6.1 You will be entitled to use the Tools and Calculators which are available as part of the MPP Services. These Tools and Calculators can be downloaded as part of the MPP Services subject to clause 7.1.2 below.
6.2 From time to time, the Tools and Calculators may be subject to separate terms and conditions of use which you will be required to agree to (at that time) in order to gain access to the specific Tools and Calculators.
6.3 The content and functionality of the Tools and Calculators may be changed from time to time to facilitate an improved service, or to improve processes and procedures, or where we are directed to make a change by a regulatory authority.
7. Use of the MPP Services
7.1 The MPP Services are provided for informational purposes only and accordingly:
7.1.1 any Content (as defined in the Service Terms) provided as part of the MPP Services is for informational purposes only and the MPP Services do not cater for any particular user's investment objectives, financial situation or means;
7.1.2 any financial or personal information aggregated by the MPP System should not to be construed as –
22.214.171.124 a recommendation; or
126.96.36.199 an offer to buy or sell; or
188.8.131.52 Investec influencing you to make an offer to buy or sell any product, service, security, financial product, or instrument;
7.1.3 Investec does not represent that the MPP Services and/or the MPP System is suitable for any particular purpose and/or any kind of user;
7.1.4 no part of the MPP Services amounts to financial or professional advice and all information which is aggregated or consolidated on the MPP System is based on the information which you provide to us and/or which we may obtain on your behalf from any Third Party Institution;
7.1.5 you will not rely on the information generated as part of the MPP Services for professional advice (including, but not limited to business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice) or as a basis for any investment, transactional or similar decisions;
7.1.6 your access to the MPP Services and/or use of the MPP System does not amount to a recommendation for you to enter into any particular transaction;
7.1.7 you are encouraged to consult with a financial planner and/or financial advisor to provide you with financial advice regarding any financial decisions that you may take as a result of using the MPP Services, MPP System and/or Tools and Calculators;
7.1.8 Investec is not acting in the capacity as an agent for the purpose of providing the MPP Services to you, including where Investec retrieves information from any Third Party Institution;
7.1.9 the Third Party Institutions shall be entitled to rely on the authorisation granted by you in clause 5.2
7.1.10 there is a possibility that not all information obtained from you and/or Third Party Institutions will be up-to-date, accurate and/or complete and that Investec shall not be responsible for verifying the accuracy and completeness of any information provided by you and/or any Third Party Institution or that such information is up-to-date;
7.1.11 Investec cannot guarantee and/or be held responsible for the availability of the information which is displayed to you when you use the MPP Services as information may not be updated on the MPP System on a real time basis;
7.1.12 Investec cannot guarantee and/or be held responsible for the accuracy of the information which is displayed to you when you use the MPP Services, including any Tools and Calculators;
7.1.13 Investec will not be responsible for any fault or delay with any Internet connectivity which prevents or negatively impacts your access to the MPP Services;
7.1.14 the MPP Services are subject to downtime (times when the services are of necessity not available) and that Investec may, from time to time, fully or partially interrupt access to the MPP Services, whether for maintenance or other purposes. If this is the case, a notice will appear on the website advising you of an interruption in the access to the MPP Services; and
7.1.15 Investec have the right to replace, change or discontinue any existing functionality with regard to the MPP Services from time to time, including the provision of any one or more of the Tools and Calculators. Notice of any significant changes to the way the MPP Services work will be communicated to you at the appropriate time either via the landing page in the Investec Mobile Application, or the relevant website, or other form of secure electronic communication.
8. Security obligations
8.1 You agree that you will not disclose any personal details and/or Access Details in relation to your use of the MPP Services to any third party or record such details in any way that may result in them becoming known to an unauthorised third party.
8.2 You agree to promptly inform Investec of any actual or suspected fraudulent or unauthorised use of the MPP Services by any third party.
9. Your privacy
10. Intellectual Property Rights / Content Licence / Ownership / Proprietary Rights
10.1 Investec and the relevant third parties are the owners of the MPP System and MPP Services and so they retain all right, title and interest in and to the MPP System and MPP Services and all related documentation and proprietary products, whether used to provide, or as are developed or created as part of, the MPP Services.
11. Disclaimer of Warranty
11.1 Other than where Investec has agreed in writing and in response to a request from you, Investec does not warrant -
11.1.1 that the MPP Services and the way in which the MPP System functions will meet your personal or financial requirements;
11.1.2 the MPP Services, the MPP System, and/or any Tools and Calculators will function properly at all times;
11.1.3 the MPP Services and/or MPP System will be reliable, always on time, secure, uninterrupted or error-free; or
11.1.4 that all MPP System errors or defects will be corrected.
12. Limitation of Liability and Indemnities
12.1 You hereby indemnify Investec and Investec's associates and third party service providers from any losses due to or arising out of your use of the MPP Services or your failure to comply of these Terms, except in cases of gross negligence or willful misconduct on the part of Investec or any of its employees, and in particular you indemnify Investec against:
12.1.1 Any losses for claims of any nature which may suffer as a result of using the MPP Services;
12.1.2 any unauthorised interception or monitoring of the MPP Services as it relates to you and your account;
12.1.3 any unauthorised access (including but not limited to phishing) to the MPP Services, it's Content and/or to your information displayed on the MPP System or accessed by you as part of the MPP Services;
12.1.4 destruction of or access to your data;
12.1.5 losses (including, but not limited, to indirect, incidental, consequential loss and damage) caused by or arising from your use of or your inability to use the MPP Services and/or your breach of these Terms, to the extent that you are allowed to give this undertaking in law;
12.1.6 losses resulting from the unauthorised access or amendments to your information and/or any third party information which you or any third party (including Third Party Institutions) provides in accordance with these Terms;
12.1.7 losses, (including losses for unauthorised access to your confidential and/or personal information) incurred as a result of the malfunction, failure or unavailability of the MPP Services, the MPP System or any hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, or any other event beyond Investec 's control;
12.1.8 losses incurred as a result of you disclosing your Access Details to an unauthorised third party and/or your failure to inform Investec of any actual or suspected fraudulent activities or unauthorised use in relation to the MPP Services and/or MPP System;
12.1.9 losses caused by the unavailability of the MPP Services, or any interruption in your access to the MPP Services (either in part or as a whole) for any reason;
12.1.10 losses resulting from Investec's inability to access your information held by Third Party Institutions, including where the Third Party Institutions may block Investec from accessing your information;
12.1.11 losses resulting from any claim that you may not be able to recover from any Third Party Institutions in circumstances where you provided your log in details to Investec for purposes of the MPP Services;
12.1.12 losses resulting from any inaccuracies in the provision of the MPP Services and/or the MPP System, including any calculations obtained by using the Tools and Calculators.
13.1 You may terminate these Terms at any time at your convenience. You need simply to notify us of your having done so by phone, email, oe letter.
13.2 Investec may at any time, suspend and/or terminate the MPP Services in relation to these Terms if:
13.2.1 you have failed to comply with any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
13.2.2 Investec is required to do so by law (for example, where the provision of the MPP Services to you becomes, unlawful); or
13.2.3 the MPP Services are or becomes (in Investec's opinion) no longer commercially viable.
13.3 Upon termination of these Terms, you shall immediately discontinue use of the MPP Services.
14. Changes to these terms
14.1 Investec may amend these terms from time to time. Investec will advise of such changes through the MPP System. These amendments shall come into effect on the basis specified in the notice we give of the proposed changes.
15. Law and Jurisdiction
15.1 You irrevocably agree that the laws of the Republic of South Africa shall govern your use of the MPP Services and these Terms.
15.2 You further consent to the jurisdiction of the High Court of South Africa in respect of disputes which may arise out of your use of the MPP Services and these Terms.
16.1 Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and be severed from these Terms, without invalidating the remaining provisions of these Terms.
17. Documents and Notices
17.1 Should you wish to visit us or direct documents to us for any reason (correspondence, legal matters, notices and the like) then this is our address: – Investec Bank Limited, 100 Grayston Drive, Sandown, Sandton, Johannesburg, SOUTH AFRICA.