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 at https://www.firstrand.co.za/investors/governance-and-compliance/.

 

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.

 

SINGAPORE INVESTORS

The Ashburton Investments SICAV – Global Defensive Fund, Global Balanced Fund and Global Growth Fund, have been entered into the List of Restricted Schemes by the Monetary Authority of Singapore and are available to Institutional Investors as defined by Singapore laws. This information contained on this Site does not constitute an offer to sell, and should not be taken as a substitute for the offering document of the relevant restricted scheme. You are advised to read the Ashburton Investments SICAV prospectus and relevant Singapore wrappers which are available on this Site.

 

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.