Website Terms of Use

These Terms contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use. You can find these provisions in the Liability section below.

The Content on this Website and the Website itself are made available to You for certain purposes. We explain which uses of this Website and the Content made available on or through the Website are appropriate and which are not in the Website Use section below.

It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by those provisions.

You may not use the Website and may not accept these Terms if You -

lack the legal capacity to enter into a binding contract with Investec;

are a person who is not permitted to access or use this Website under the laws of the country in which

You are resident or from which You access this Website; and/or require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.

By using the Website and/or the Content You represent and warrant that You are of full legal age, or are emancipated or have Your guardian’s consent to enter into a contract being these Terms.

Investec reserves the right, in its sole discretion, to, and You agree that Investec may, amend these Terms at any time, in any way and from time to time. Investec will publish the amended Terms on this Website. These amendments shall come into effect immediately and automatically.

It is Your responsibility to review these Terms regularly and to ensure that You agree with any amendments to these Terms. If You do not agree with any amendments to these Terms, You may no longer use the Website.

Notwithstanding the subject matter of the Content provided on this Website, Your reliance on the Content for any purpose whatsoever and to any extent must be determined with reference to these Terms.

Not an offer

Investec presents the Content on this Website for informational purposes only. The Content does not cater to any particular User's investment objectives, financial situation, or means.

The Content is specifically not to be construed as –

a recommendation; or

an offer to buy or sell; or

the solicitation of an offer to buy or sell any security, financial product, or instrument; or

to participate in any particular trading strategy in any jurisdiction either at all or in which such an offer or solicitation, or trading strategy would be illegal.

This Website may refer to certain transactions, including those involving futures, options, and high-yield securities, which tend to give rise to substantial risk and are not appropriate for all Users. Although the Website Content is based upon information that Investec considers reliable and which Investec endeavours to keep current, Investec does not represent and has not necessarily verified that Website Content is accurate, current, or complete and it should not be relied upon as such.

Not advice

Investec has not determined that the Website Content is suitable for any particular purpose and/or User whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the Website Content or its subject matter.

The fact that Investec has made the Website Content available to You is neither a recommendation that You enter into a particular transaction nor a representation that any service described on this Website is suitable or appropriate for You.

Any discussion of the risks associated with Website Content, particularly with respect to any Investec service should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.

You should not rely on the Website Content 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 You make or which are made on Your behalf without first consulting with Your preferred professional or business advisor (who may include Your attorney, and tax, accounting and investment advisors).

Additional requirements

All services offered by Investec are subject to completion (in the manner required) of the requisite application forms and other documentation and are governed by the relevant Investec terms and conditions for that particular service. Investec reserves the right to reject, in its absolute discretion and without affording You any reason, any application submitted for services contained on this Website.

Changes to the Website

We may add new features and modify or even discontinue existing features without notice to You and in our sole discretion. You agree to this.

In addition, 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.

Investec’s Website Content License

Investec grants You a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use Investec’s Content either on or through the Website through a generally available web browser, mobile device or application. This licence is for the sole purpose of enabling You to use the Website and Investec’s Content on the Website, in the manner permitted by these Terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without Investec’s express written consent. In the event We revoke this license, You may no longer use the Website or make any use of Investec’s Content.
Unless Investec has given You specific written permission to do so, You may not transfer, through an assignment of rights, sub-licence or otherwise, Your rights to use the Content or the Website or otherwise transfer any part of Your rights to use the Content or the Website.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to the Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

You are further required, as a condition of this Content license, to attribute Investec as the Content’s source by publishing the page on the Website from which You obtained the Content together with any publication of the Content as permitted by these Terms.
You acknowledge that You do not acquire any ownership rights or rights to use the Content except where explicitly permitted to do so.

United Kingdom

Financial Services and Markets Act 2000 - Section 21 (the “Act”)
For the purposes of the 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.

You agree to comply with all local laws, rules and regulations which govern Your Website 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 through the Website;
submit any person’s personal information to the Website without that person’s informed consent to do so;

gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the Websites to collect or attempt to collect personal information about third parties without their knowledge or consent;

violate the privacy of any person or attempt to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means;

use the Website 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 Website’s source code or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing;

use the Website in any manner which could damage, impair, overburden or disable the Website or interfere with any other User’s Website use;

use the Website to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

use the Website to make fraudulent offers to sell or buy products, items or websites or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

use the Website in a manner that may infringe upon the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others; and/or

otherwise use the Website 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 our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:

without notice, suspend or terminate Your Website use;

hold You liable for any costs We incur as a result of Your misconduct; and/or

notwithstanding our privacy policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by Your actions.

For information about Investec’s data protection practices, please read Investec’s Privacy Policy which You can find at https://www.investec.com/legal/privacy-policy.html. This policy explains how Investec treats Your personal information, and protects Your privacy, when You use the Website.
You agree that Investec may process Your personal information in accordance with Investec’s Privacy Policy.

Information Transmitted on the Internet

Information transmitted through Electronic Communications may be susceptible to monitoring and interception and You bear the risk of such submissions and You waive any claims you may have for any Losses You may suffer as a result information transmitted to us and which may be monitored and/or intercepted. We reserve the right to request independent verification of any information transmitted to Us using Electronic Communications.

Please be aware that any unsolicited confidential or proprietary information sent to us using Electronic Communications 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 transmission method.

South Africa

If You are using this Website in Southern Africa, You irrevocably agree that the law of the Republic of South Africa shall govern Your use of this Website and these Terms.

You further consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of Your use of the Website and these Terms.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.

United Kingdom

If You are using this Website in the United Kingdom, You irrevocably agree that the laws of England and Wales shall govern Your use of this Website and these Terms.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by the Courts of England and Wales.

Channel Islands

If You are using this Website in the Channel Islands, You irrevocably agree that the laws of the Island of Guernsey and the laws of the Island of Jersey shall govern Your use of this Website.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by either the Royal Court of Guernsey or Jersey.

Ireland

If You are using this Website in Ireland, You irrevocably agree that the laws of Ireland shall govern Your use of this Website and these Terms.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by the Courts of Ireland.

Australia

If You are using this Website in Australia, You irrevocably agree that the laws of the Commonwealth of Australia shall govern Your use of this Website and these Terms.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by the Courts of the Commonwealth of Australia.

United States of America and Canada

If You are using this Website in the United States of America or Canada, the Terms shall be subject to and be interpreted, construed and enforced in accordance with the law in effect in the State of New York, United States of America. You irrevocably agree that the law in effect in the State of New York governs Your use of this Website.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by the Courts of the State of New York.

Other countries

If You are using this Website in any country other than Australia, the United Kingdom, United States of America, Canada, or those in the European Union or Southern Africa, You irrevocably agree that the laws of England and Wales shall govern Your use of this Website and these Terms.

You further agree that any disputes regarding Your use of this Website or regarding these Terms will be decided only by the Courts of England and Wales.

The Terms will continue to apply until either You or Investec terminates these Terms on the one or more of the grounds set out below.

You may terminate these Terms at any time by deleting Your profile and ceasing Your use of the Website entirely.

Investec may at any time, terminate its contract with You in the form of these Terms if:

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

Investec is required to do so by law (for example, where the provision of the Websites to You is, or becomes, unlawful); or

the Investec’s Website provision is or becomes, in Investec’s opinion, no longer commercially viable.
Those provisions of these Terms which are intended to survive termination of these Terms shall do so.

These terms of use contain provisions which limit our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting Your rights in law and conferring obligations on You by virtue of Your agreement to these Terms.

It is therefore important that You familiarise Yourself with these provisions before You use the Website and that You not use the Website if You do not agree to abide by those provisions.

Disclaimers and Limitation of Liability

Your use of and reliance on this Website is entirely at Your own risk. The Website is provided “As Is” and “As Available”.

To the fullest extent permissible by law, Investec disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Content published to the Website (or the Website itself, for that matter) is fit for any purpose other than as a reference work in respect of the Content provided on the Website website.

While We take reasonable precautions in our operation of the service, You agree that neither Investec or Investec’s Associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of this Agreement, Your access to the Website or from Your inability to access the Website.

We will use reasonable endeavours to make the Website available to You, and keep the Website available to You at all times. However, You agree that We shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or Your access to the Website (either in part or as a whole) for any reason whatever.

Indemnity

You hereby indemnify Investec and Investec’s Associates from any loss, damage, damages, liability, claim or demand due to or arising out of Your use of the Website or Your breach of these Terms.

Third Party Sites and Websites

The Website contains Content that Investec’s employees and selected industry experts create. Some of this Content may be directed to or appear on the Website using Third Party Websites. Your use of those Third Party Websites may be subject to both these Terms (where appropriate) and the terms of use applicable to those Third Party Websites. You agree that it remains Your obligation to familiarise Yourself with the Third Parties’ terms of use and to comply with both them and these Terms. In the event there is a conflict between these Terms and a Third Party’s terms of use, these Terms shall prevail for the purposes of Your Website use.

Links to and from the Website from and to other websites belonging to or operated by third parties (“linked websites”) do not constitute Investec’s endorsement of such linked websites or their contents nor does Investec necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising Yourself with any terms of use which will govern Your relationship with such third party.

Investec has no control over linked websites and You agree that Investec is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where You use linked websites, You do so entirely at Your own risk.

Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the Website is similarly entirely at Your own risk and are solely between You and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

Rights Infringements

If You are of the view that Your rights have been infringed through unlawful Website use by Users or Third Parties, You may address a complaint to Investec which satisfies the following requirements and/or sets out the following information:

the full names and address of the complainant;

the written or electronic signature of the complainant;

identification of the right that has allegedly been infringed;

identification of the material or activity that is claimed to be the subject of unlawful activity;

the remedial action required to be taken by the service provider in respect of the complaint;

telephonic and electronic contact details, if any, of the complainant;

a statement that the complainant is acting in good faith;

a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please address Your notifications to:

Investec Group Legal

Email: complaints@investec.com

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Website and/or taking appropriate steps against the offending User.

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 pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.

We choose the addresses specified on the Website at https://investec.com/about-investec/contact-us.html for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.

These terms of use constitute the whole agreement between You and Investec relating to Your Website use.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and Investec and You shall not hold yourself out as the agent or partner of Investec or as being in a joint venture with Investec.

Unless We require otherwise, electronic signatures, encryption and/or authentication are not required for Our Electronic Communications to be valid;

These Terms contain a number of words and phrases which have specific meanings and most of which are capitalised. The Glossary, below, contains these words and phrases.

We also apply certain rules when interpreting these Terms and our Interpretation Guide, also below, sets out these rules below.

Interpretation Guide

In these Terms, headings are for convenience and We don’t intend for them to be used to interpret the Terms.

If, in the Terms, We refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.

Unless We indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

When We specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or statutory public holiday in the jurisdiction which governs these Terms, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or statutory public holiday. Generally speaking, references to a “day” are references to typical business days.

All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with You.

“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to as part of, or through Your use of, the Website;

“the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

“Electronic Communication” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf;

“Intellectual Property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which We own, license, use and/or hold (whether or not currently) in relation to the Website;

“Investec” means the Investec Group which comprises Investec Limited (a limited liability company registered in accordance with the company laws of the Republic of South Africa), Investec plc (a limited liability company registered in accordance with the company laws of England and Wales) and their subsidiaries and associated companies from time to time (more information may be found at https://www.investec.com/about-investec/who-we-are.html);

“Investec’s Associates” means Investec’s officers, servants, agents or contractors or other persons in respect of whose actions Investec may be held to be vicariously liable;

“Know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods We use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these Terms, as well as all and any modifications or improvements to any of them;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

“Our” refers to You and Us;

“Post” means to upload, publish, transmit, share or store;

“Terms” means these terms of service, as amended from time to time;

“Third Party” means parties other than You and Investec (“Third Parties” shall have a corresponding meaning);

“Third Party Websites” means websites other than the Website and which are operated or controlled by Third Parties;

“Trademarks” means those trademarks Investec owns (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which We own or have the right to use or any derivative service offerings of, and applications for, any of same;

“use” when used in the context of -
the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;
Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content;

“User” and “You” means, in the context of content or the Website, anyone who registers with and/or uses the Website (“Users” and “Your” have corresponding meanings);

“We” means You and Investec (“Us” bears a corresponding meaning);

“Website” means the website located at or accessed through https://investec.com as well as other Investec domains as may be available from time to time.