Terms and Conditions of Use
The information in this Site is limited to information
regarding Ashburton Investments’ International products and
services, it does not constitute individual investment advice.
Should you wish to seek financial advice, please contact an
Independent Financial Adviser. Investments in any fund or
service promoted by Ashburton Investments must be made
pursuant to and in accordance with the applicable prospectus
or investment services terms and conditions.
Important Information
Ashburton Investments is a registered trading name of
Ashburton (Jersey) Limited a company incorporated in Jersey
with its registered office at PO Box 239, IFC1, The Esplanade,
St Helier, Jersey JE4 8SJ and regulated by the Jersey
Financial Services Commission. In these Terms and Conditions
“us”, “we” and “our” refer to Ashburton Investments.
Any use of this Site is subject to these Terms & Conditions
and any contrary use is unauthorised. Please read these Terms
& Conditions carefully, noting that they may be revised at any
time. Your subsequent and/or any continued use of this Site
constitutes your continued acceptance of any such revised
Terms & Conditions.
Access
We reserve the right to terminate or restrict your access to
this Site for any or no reason, at any time without notice and
to amend or remove any content of this Site at any time
without notice to you.
Accuracy
Although this Site and its content have been compiled with
considerable care, it may not be accurate or complete. It may
also include technical errors from time to time which are
beyond our control. We advise you to confirm the accuracy of
any information supplied before seeking to rely on such
information.
We shall have no liability for any data transmission errors
such as data loss or damage or alterations of any kind arising
out of the use of this site.
Investment Restrictions and Warnings
Products or services mentioned in this Site are subject to
the legal requirements and regulations of the applicable
jurisdiction. They may not be available in all jurisdictions.
This Site is not aimed at, nor an offer to buy or sell
investment funds or services, in any jurisdiction which
restricts the distribution of this information (including
without limitation* the United States of America) other than
those set out in the relevant prospectus of a fund. (*In
certain circumstances, investments may be made only by US
Persons who qualify as “accredited investors” within the
meaning of Regulation D under the US Securities Act of 1933
and also as “qualified purchasers” under the US Investment
Company Act of 1940.
The value of investments and the income derived from them may
fluctuate and you may not receive back the amount originally
invested. Past performance is no guarantee of future
performance. Currency movements may also affect the value of
investments. The investments and the investment services
referred to on this Site may not be suitable for all
investors.
Data Protection and Privacy Policy
You may access this Site without registering your details and
we will therefore not record any of your personal information,
however, we may identify and record your IP address. Your use
of this Site is subject to our Privacy Policy which sets out
the terms on which we process any personal data we collect
from you or that you provide to us, in accordance with
applicable legislation and the EU General Data Protection
Regulation (“GDPR”). Our Privacy Policy can be found here.
Cookies
Privacy is important to the group. This cookie notice applies
to all websites that belong to the group which are applicable
to South Africa (websites), e.g.
www.fnb.co.za,
www.rmb.co.za
and www.wesbank.co.za.
Please refer to the FirstRand group customer privacy notice
for details of the entities that form part of the group, and
the way the group uses personal information. The FirstRand
group privacy notice is available here.
What is a cookie?
A cookie is a small piece of data that is sent (usually in
the form of a text file) from a website to the user’s device,
such as a computer, smartphone or tablet. The purpose of a
cookie is to provide a reliable mechanism to “remember” user
behaviour (keeping track of previous actions), e.g.
remembering the contents of an online shopping cart, and
actions the user performed whilst browsing when not signed up
or logged into their online account.
The group does not necessarily know the identity of the user
of the device but does see the behaviour recorded on the
device. Multiple users of the same device would not
necessarily be distinguishable from one another. Cookies
could, however, be used to identify the device and, if the
device is linked to a specific user, the user would also be
identifiable. For example, a device registered to an app (FNB,
WesBank, RMB, etc.).
Which Cookies can be found on FirstRand Group Websites?
First- and third-party cookies refer to the website or domain
using the cookie. Cookies are set by the website that the user
is visiting.
First-party cookies are directly stored by the website (or
domain) visited by a user. These cookies allow website owners
to collect analytics, data, remember language settings or
perform other useful functions that provide a good user
experience.
Third-party cookies are created by domains separate/different
from the website (or domain) that the user is visiting. These
cookies are usually used for online advertising, cross-site
tracking; and are accessible on any website that loads the
third party’s server code, e.g. when a user visits a site and
clicks a “like” button, this could be stored in a cookie and,
upon visiting the third-party site, the cookie will be used to
action the request.
For example, a user browses online for a specific product,
finds an advert of interest, clicks the advert and thereafter
closes their browser. Several hours later, the user notices
advertising of the same product that they were browsing for
earlier.
When a user visits a group website, the group may include any
of the cookies listed in the table below. The table explains
what the cookies are used for and the time period for which
the cookie could remain valid. Where cookies are only valid
for a single session, the cookie will be erased when the user
closes their browser. Where cookies persist, the cookie will
be stored by the user’s browser until deleted by the user.
| Origin |
Use |
Service |
Duration |
|
First-party cookies
|
Browser/device identification
|
Enable the group to identify the device/browser.
|
Persist beyond a single session.
|
|
Authentication
|
Upon logging into a web server, a cookie will be
returned that identifies the user has been
successfully logged in.
|
Only valid for the single session.
|
| First- and
third-party
cookies |
Analytics |
To collect
information
about how visitors, use
group websites. This can provide the group with
insight
on website performance and metrics. |
Persist beyond a
single
session. |
| Third-party
cookies |
Marketing and other |
Used for tracking
and
online advertising
purposes. |
Persist beyond a
single
session. |
| Option |
Description |
| HTTPS |
Makes a cookie
secure
by
ensuring it is only
sent over HTTPS protocol. This prevents attackers from
secretly extracting it. |
| Same-site cookie |
Makes the cookie
secure by
limiting the sites to
which the cookie is allowed to be sent. |
| Expiry |
Sets the duration a
cookie
will last for before
it expires. |
| Secure |
Makes a cookie
secure
by
ensuring it is only
sent over a securely encrypted channel. |
| Path |
Helps to protect a
cookie
by restricting the
location where it is allowed to be sent. |
When will the Group use Cookies?
The group will only process cookies which
identify users for lawful purposes:
- if a user has consented thereto;
- if a person legally authorised by the user, the law or a
court, has consented thereto on the user’s behalf;
- if it is necessary to conclude or perform under a
contract
that the group has with the user;
- if the law requires or permits it;
- if it is required to protect or pursue the user’s, the
group’s or a third party’s legitimate interest (e.g. for
fraud prevention); or
- if the user is a child and a competent person (like a
parent) has consented thereto on the child’s behalf.
What happens if a user does not want Cookies?
All browsers allow users to refuse to accept cookies and to
remove current cookies. The methods for doing so vary
between
different browsers and versions. Users can block cookies on
group websites, if desired. Blocking certain cookies may
have
a negative impact upon the usability of group websites. For
example, the group requires cookies to allow users to log
in.
By removing first-party cookies, a user’s banking experience
may be affected.
Further information about Cookies
- Users’ browsers store cookies and group websites cannot
access any data on a user’s device.
- As cookies are stored in text files, they cannot be used
to distribute viruses to a device.
- On a single device with multiple users; the experience
of
group websites would be customised based on the behaviour
of
all users using the device and not just an individual
user.
- If users disable cookies, previous cookies collected
will
not be deleted, however, this will prevent the creation of
new cookies. Expired cookies will be removed
automatically.
Third Party relationships
We provide third party links for your convenience. We do not
assume any responsibility for the content of such sites nor
the services or products offered through them. We will never
make your name or address available to unconnected parties.
Product Information
We issue a prospectus for each fund we promote which contain
complete information on investment objectives, past
performances, charges and expenses. Terms and conditions for
our investment services are set out in the relevant
Agreements. These documents can be viewed on this Site or
obtained from us. Please read the prospectus or terms and
conditions carefully before you invest.
E-mail and Telephone Calls
Although you may contact us by e-mail regarding any queries
as
to the information on this Site, we advise that confidential
information sent by e-mail may not be secure. You can visit
us
in person or contact us via telephone in regards to
confidential information. When we contact you by telephone
or
when you telephone us, calls are recorded and may be
monitored
to ensure security for you and to help maintain our service
quality.
Copyright
The entire content of this site is copyright material of
Ashburton Investments unless otherwise indicated. This Site
is
purely for browsing purposes and you may copy information
from
this Site for your own private or domestic use. All other
copying is prohibited.
You must not at any time interfere with or violate the
security of this Site or use this site in a manner which
adversely affects its functionality.
Waiver and Limitation of Liability
This Site and all Site materials are provided on an “as is”
and “as available” basis.
We make no representations or warranties of any kind,
whether
express or implied. By using this Site, you assume any and
all
risks that this Site and any content on it may be
incomplete,
inaccurate, out of date or not meeting your requirements.
In no event shall we be liable for any direct, indirect,
punitive, incidental, special or consequential damages
arising
out of or in any way connected with the use of this Site or
any information that is contains. Should the law of a
particular jurisdiction not allow the exclusion or
limitation
of liability for any type of damages then our maximum
liability for any type of damages shall be limited to
£500.00.
Important Information for Users of Ashburton Investments' Client Online Portal
All Ashburton Investments products and services are subject
to
separate terms and conditions which govern their purchase,
sale or retention. Please note that as an existing Ashburton
Investments client, the above terms and conditions of this
Site will apply in addition to those contained in your
product
or service terms and conditions.
The Ashburton Investments portal service is hosted by JTC
Fund
Solutions (Jersey) Limited (JTC). JTC use Microsoft software
for enhanced portal (multi-factor) access authentication.
Our Privacy Policy detailing how we use your personal
information can be accessed here.