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terms and conditions
By accessing or using our websites, or by registering on any of our pages and applying for any products or services offered on these pages, you are deemed to have agreed to all of the following terms and conditions. You should review these terms and conditions regularly, as the terms and conditions as well as the information, products and services on our website may change from time to time and without notice. The following terms and conditions apply to all of our websites, which will include any websites owned, operated or sponsored by any of our businesses, holding company, subsidiaries or affiliates ("the web site"), but we may add to or supersede certain provisions of these terms and conditions with other provisions located in other parts of our websites. Any dispute or complaint which should arise from the use of this website should be referred to the NVEST Legal Compliance department.
Copyright 2008 © NVest Financial Holdings (Pty) Ltd. All companies operating in the NVest Financial Holdings (Pty) Ltd Group including but not limited to NVEST Securities (Pty) Ltd, NFB Finance Brokers Eastern Cape (Pty) Ltd, NFB Port Elizabeth (Pty) Ltd, NFB Western Cape (Pty) Ltd and NFB Insurance Brokers (Border) (Pty) Ltd. All rights not expressly granted are reserved.
NVEST shall in no event be responsible and disclaims all liability for any loss, liability, damage (whether direct, indirect, special or consequential) or expense of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through the website, or any actions and/or liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
This website is controlled by us from our offices within the Republic of South Africa. Except as specifically stated, we make no representation that content or materials in this website are appropriate or available for use in other jurisdictions. Access to this website content or materials from jurisdictions where such access is illegal, is prohibited. If you choose to access this website from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
NVEST will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, storage or delivery of information, resulting from whatsoever cause.
All the information appearing on the website is provided without a representation or warranty whatsoever, whether express or implied. NVEST makes no representation or warranties about the correctness, or the suitability for you of any products or services that appear on the website nor the soundness of any general advice offered.
The information contained on the website provides general information on particular subjects and is not an exhaustive treatment of such subjects. Accordingly, the information is not intended to constitute 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 consult a qualified professional advisor.
Any calculations made on reports requested are approximations, meant as guidelines only, which you must confirm before relying on them and also at the time of finalising any transaction. NVEST will therefore not be held responsible for any inaccuracies in calculations supplied.
The information contained herein does not constitute an offer for sale in the US, and is not directed at persons in the UK as investment advice, advertisement or offer to buy an investment.
Information published on the World Wide web may contain references to NVEST products, programs and services that are not available in your country. Such references do not imply that NVEST intends to make such products, programs or services available in your country. Consult your local NVEST business contact for information regarding the products, programs and services which may be available to you.
Further, these products and services may not be legal in your country. Buying them or investing in them may therefore contravene your country's exchange control regulations. NVEST recommends that prospective clients outside South Africa consult their own exchange control specialists before investing or buying. Any benefits accrued through i.e. products purchased via the website will only be payable in South African currency.
NVEST MOBILE Disclaimer
I hereby acknowledge and confirm that I understand the functionality of and risks associated with NVEST's mobile application ("the mobile application"). Specifically, I acknowledge and confirm that the mobile application is not intended as a trading platform, but as an information portal for me to access information specific to, and associated with, my share investment portfolio ("portfolio") with NVEST Securities (Pty) Limited ("NVS") and other generic information. I will not rely on this information in making investment decisions, but will treat it as indicative only, and will consult with my NVS stockbroker / portfolio manager before making or instructing any investment decisions regarding my NVS portfolio. I understand and acknowledge that using the mobile application, I am entitled to customise certain functionality to suit my specific requirements. I understand that NVS, nor any other member of the NVEST Financial Holdings Group, nor any of its third party service providers, accepts any responsibility for the accuracy or correctness of the information disseminated via the mobile application, nor for any failure and / or delay in transmission for any cause whatsoever, nor for any act or omission either directly, or on the part of any NVS or NVEST Financial Holdings Group or NVS service provider employees which results in any of the aforegoing. I undertake to use the mobile application entirely at my own risk. I undertake not to re-distribute any of the data in the mobile application and/or this accompanying website.
I furthermore undertake to pay all direct and associated charges levied in connection with my use of the mobile application and for such charges to be deducted directly from any amounts held to my credit in my NVS portfolio, either monthly in arrears, or as and when required. I am aware of the amount and nature of the charges that will be levied for my use of the mobile application.
I confirm and acknowledge that the Mandate for the mobile application forms part, and will be read in conjunction with, the NVS Consolidated Mandate, which has been signed by me in respect of my NVS portfolio. In the event of a dispute between the terms of this Mandate and the NVS Consolidated Mandate, solely as regards my use of the mobile application, the terms of this Mandate shall prevail. In every other instance, the terms of the NVS Consolidated Mandate shall prevail.
Jurisdiction and Choice of Law
The terms and conditions pertaining to any information, product or services appearing on the website shall be governed and interpreted in accordance with the laws of the Republic of South Africa, and application for any of the products or services offered on the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions and/or applications arising from any of the terms and conditions pertaining to such products or services. Therefore, as the website is also hosted, controlled and operated from the Republic of South Africa, the South African courts shall govern any action in terms of the use or inability to use the website. All proceedings shall be held in English and the unsuccessful party shall pay all costs incurred by the successful party.
Hyperlinks and framing
No person, business or website may link to any page on the website without the prior written permission of NVEST. Such permission could be obtained from the person referred to in 8 below.
Links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for it. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website, does not necessarily mean that we endorse, authorise or sponsor that website, nor that we are affiliated with the third party website's owners or sponsors.
No person, business or website may frame the website or any of the pages on the website in any way whatsoever.
Spiders and crawlers
No persons business or website may use any technology to search and gain any information from the website without the prior written permission of NVEST.
Unless otherwise specified, all information, products and services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from such information, products and services.
You may not use the website in any manner that could damage, disable, overburden, or impair any NVEST server, or the network(s) connected to any NVEST server, or interfere with any other party's use of the website.
You may not attempt to gain unauthorised access to any products, services, other accounts, computer systems or networks connected to any NVEST server or to any of the products or services through hacking, password mining or any other means.
You are expressly prohibited from posting on or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under any law.
To obtain any permissions from NVEST as provided for herein, such requests can be emailed to us.
Registration, member accounts and passwords
If any of the services requires you to register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and/or user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under the registration account. You agree to notify NVEST immediately of any unauthorised use of your account or any other breach of security. NVEST will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NVEST or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Electronic transactions, communications and records
When you visit the website or send emails to NVEST you consent to receiving communications from NVEST electronically and you thereby agree that all agreements, notices, disclosures and other communications sent by NVEST satisfies any legal requirements, including but not limited to the requirement that such communications should be in writing.
You accept the risk of choosing electronic communication as the channel to be utilised by us.
You authorise NVEST to act on the information that you send electronically.
You further agree that all records will be stored electronically by NVEST and that such electronic records will constitute prima facie proof of the contents of such records in a court of law, therefore unless you prove otherwise.
Any email communication sent to you will be deemed to have been received by you upon dispatch by NVEST.
For all purposes, and in particular for purposes of the above, you provide NVEST with the following warranties:
You warrant your identity (i.e. you are who you say you are) and that you can prove your identity should we require you to do so.
Full disclosure of all relevant facts
You guarantee that all information you provide at any time to NVEST via this website, in writing, or to our client servicing staff, will in all respects be true and correct.
You guarantee that you have fully disclosed all material and relevant facts. Any breach of any contractual duties may lead to such contract or any transactions arising from such contract being rendered void.
We may from time to time need certain personal and financial information from you. It is in your best interest to keep the information up to date and current.
Intellectual property rights
All the content, trademarks, logos and data on the website including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to NVEST, and as such are protected from infringement by local and international legislation and treaties.
Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or intellectual property rights without our written permission. The name of NVEST or it's logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without NVEST's prior written permission.
NVEST reserves the right to refuse to provide services if:
Any person that delivers or attempts to deliver any damaging code to the website or attempts to gain unauthorised access to any page on the website, shall be prosecuted and civil damages shall be claimed in the event that NVEST suffers any damage or loss.
You agree to indemnify, defend and hold harmless NVEST, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you.
Changes to agreement
NVEST may in it's sole discretion change this agreement or any part thereof at any time without notice.
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