Terms and Conditions
Ashburton Investment Managers Namibia (Pty) Ltd Holdings Limited
(Registration number: 2015/0652) Ashburton Investments
maintains and owns this site (the “site”) and the services and
products (the “services and products”) applicable hereto.
All references in these Terms & Conditions to "us", "we",
"our" or "Ashburton Investments" deemed to include all
subsidiary and affiliate companies of Ashburton Investments.
1. Acceptance
These Terms & Conditions become effective when you access
this site for the first time and constitute a valid and
binding agreement between Ashburton Investments and yourself,
which will always prevail. The current version of these Terms
& Conditions governs our respective rights and obligations
each time you access this site.
A certificate signed by the administrator responsible for
maintaining this site will be prima facie proof of the date of
publication and content of the current version and all
previous versions of the Terms & Conditions.
If you do not agree to these Terms & Conditions, please do
not make use of this site.
2. Nature Of Information on the site
All information on this site is only intended to provide you
with general information about us and our services and
products.
All information is provided "as is" and should not be treated
as professional or investment advice of any kind. You should
consult your own professional advisors before relying on any
information on this site. This site may contain views or
opinions that are not necessarily those of Ashburton
Investments.
Calculations which may be displayed on this site are intended
for the convenience of clients, maybe approximations, and are
intended only as guidelines. Should you wish to rely on any
calculation you are advised to check the calculations before
using them as Ashburton Investments will not be liable for any
inaccuracy in the calculation.
Unless indicated in writing by Ashburton Investments, nothing
contained herein constitutes an offer or agreement to enter
into any services and products, nor does it constitute
guidance, a proposal or recommendation to enter into any
services and products.
3. Information Feeds
We may use the services of other organisations to provide
information on this site. We have no control over this
information and make no representations or warranties of any
nature as to its accuracy, appropriateness or correctness. You
agree that such information is provided "as is" and we will
not be directly or indirectly liable for any damages that may
arise from your reliance on it.
4. Services
All services and products offered by Ashburton Investments
are subject to the signature of the requisite application
forms, mandates and other documentation relating thereto and
are governed by the terms and conditions and applicable
legislation in respect thereof, and Ashburton Investments
shall not be bound in any manner until such requisite
documentation has been signed by you and accepted by Ashburton
Investments.
Ashburton Investments reserves the right to reject any
application for services and products contained on this site.
You acknowledge that Ashburton Investments may undertake a
credit risk inquiry and hereby grant your consent thereto.
You further acknowledge that, in the event of conflict between
the conditions applicable to particular services or products
offered on this site and the provisions of these Terms &
Conditions, the provisions of the services or products terms
and conditions will take precedence.
5. Amendments to these Terms & Conditions
You acknowledge that we may amend these Terms & Conditions
from time to time, at our sole discretion. If we elect to
amend these Terms & Conditions, the revised version will be
posted on this site. You undertake to check this site
regularly for any changes we may have made since your last
visit to this site, since any such changes will be binding on
you. By using this site after we have changed or amended these
Terms & Conditions, you acknowledge that you will be accepting
those changes or amendments.
These Terms & Conditions were last updated on 30 April 2024.
6. Linked Sites
This site may contain links to other websites. While we try
to provide links only to reputable websites, we cannot accept
responsibility or liability for the information provided on
other websites. Where you access a third party website, you do
so at your own risk.
Links to third party websites are provided only for your
convenience and you remain solely responsible for complying
with the terms and conditions applicable to such third party
websites.
7. Electronic Transactions, Instructions, Communications and Records
If you subscribe to a service or product provided on this
site, you must ensure that your information is true, accurate
and complete as prompted by the registration process for using
the service or transaction in the product.
Ashburton Investments shall be entitled to regard all
instructions and transactions received from you as actually
originating from you and to act on such instructions.
When you communicate with Ashburton Investments by electronic
communication provided or as may be directed on this site, you
consent to receiving responses to your communications by
electronic communication addressed to you by Ashburton
Investments. You thereby agree that all electronic agreements,
notices, disclosures and other communications sent by
Ashburton Investments satisfy any legal requirement that such
communications should be in writing.
You accept the risks inherent in electronic communication in
whatever form and consent to Ashburton Investments acting on
the information communicated by you to us electronically. It
is your responsibility to ensure that Ashburton Investments
has received the information communicated by you
electronically.
You acknowledge and consent that Ashburton Investments, in
its discretion, may retain and store your electronic
communications as may be lawfully required. You agree that the
electronic records stored by Ashburton Investments will
constitute rebuttable proof (it may be challenged) of the
content of the records. Any email communication sent to you
will be regarded for the purposes of this agreement to have
been received by you when it enters an information system
outside of the control of Ashburton Investments.
8. User ID and Password
If you subscribe to a service or product provided on the
Ashburton Investments site you may be required to choose a
User ID (an identifying name) and a password, as Ashburton
Investments may determine from time to time.
Each time you access this site to logon for purposes of
transacting, you will be prompted to enter your User ID and
password.
You are entirely responsible for maintaining the
confidentiality of your password, monitoring and being aware
of all the activities happening on your investment account.
You must notify Ashburton Investments immediately should you
suspect or be aware of any unauthorised use of your user ID
and/or password, either with or without your knowledge.
You are obliged to logoff from this site once you have
completed performing a transaction. Failure to log off after
transacting which results in an authorised transaction or a
fraudulent activity on this site under your online profile
shall be for your account.
9. Software
You are required to use and maintain hardware and software of
sufficient quality and performance capability. Your failure to
do so may result in a higher security risk and/or cause some
or all of the functionality of this site not to operate
properly or at all.
Software, if any, made available for download on or via our
site is governed by license conditions that establish a legal
relationship with the licensor. You indemnify us against any
and all damage or loss arising from any breach by you of these
license conditions. We give no warranty and make no
representation, whether express or implied, as to the quality
or fitness for purpose of the use of such software.
No warranty, whether express or implied, is given that any
files, downloads or applications available via this site are
free of viruses, bombs, time-locks or any other data or code
which has the ability to corrupt or affect the operation of
your computer, database, network or other information system.
10. Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar
reference, whether electronically or otherwise (collectively
referred to as linking), to this site or any subsidiary pages
before receiving our prior written approval, which may be
withheld or granted subject to the Terms & Conditions we
specify from time to time.
An application for linking must be submitted to
webmaster@ashburton.co.za. Once received we will do our best
to respond and enter into further discussions with you. If you
don't get a written response from us within five business
days, consider your request as having been rejected.
Breach of these Terms & Conditions entitles us to take legal
action without prior notice to you and you agree to reimburse
the costs associated with such legal action to us on an
attorney and own client scale.
11. Our Intellectual Property
This site may contain information proprietary to Ashburton
Investments (including its subsidiaries), and may not be
reproduced or disseminated in whole or in part without
Ashburton Investments' written consent. We retain all
copyright and other intellectual property rights in all
material, including logos and other graphics and multimedia
works published on or via this site.
Nothing on this site should be construed as granting any
licence or right to use any trademark without our prior
written permission and/or that of third parties, as the case
may be. You may not, without our prior written permission, use
our intellectual property or that of third parties for any
other purposes.
An application to use our intellectual property must be
submitted to
utsinfo@fnbnamibia.com.na
Upon receiving your
application we will do our best to respond and enter into
further discussions with you. If you don't get a written
response from us within five business days, consider your
request as having been rejected.
Irrespective of the existence of copyright, you acknowledge
that we are the proprietor of all material on this site,
whether it constitutes confidential information or not, and
that you have no right, title or interest in any such
material.
12. Transmission of Information
Given the inherent risk with transferring information via the
Internet, we do not have the ability to prevent unlawful
activities by unscrupulous persons, you accept that we cannot
be held liable for any loss, harm or damage suffered by you as
a result of such activities.
13. Termination, Suspension and Limitation
We may modify, suspend or discontinue this site, whether
temporarily or permanently, without notice. We may also impose
limits or Terms & Conditions on the right to certain services,
features or functions and we may restrict access to parts of
or all of the services on this site.If you commit any material
breach of these Terms & Conditions or use the services or in
any other manner interacts with this site in an unlawful or
unauthorised manner, Ashburton Investments shall be entitled
to terminate your access to this site immediately without
prior notice and without prejudice to Ashburton Investments
other rights in terms of these Terms & Conditions or at law.
14. No Warranties or Representations
We do not warrant that this site will be error free or will
meet any particular criteria of accuracy, completeness or
reliability of information, performance or quality.
15. Disclaimer and Limitation of Liability
Use of this site is entirely at your own risk. You assume
full responsibility for the risk or loss resulting from your
use of this site and your reliance on the material and
information contained on it.
We and our affiliates, shareholders, agents, consultants or
employees are not liable for any damages whatsoever relating
to your use of this site or the information contained on this
site or your inability to use this site. This includes,
without limitation, any direct, indirect, special, incidental,
consequential or punitive damages, whether arising out of
contract, statute, delict or otherwise and regardless of
whether we were expressly advised of the possibility of such
loss or damage.
Ashburton Investments does not warrant that any information
contained herein or obtained from and by any independent
providers (the "information") is complete or correct, and you
shall not be entitled to place any reliance on the information
contained in this site for any purpose.
Ashburton Investments, to the full extent legally
permissible, does not guarantee the timeliness, sequence,
accuracy, adequacy, or completeness of the information. To the
full extent legally permissible, Ashburton Investments gives
no express or implied warranties (including, but not limited
to warranties of merchantability or fitness for a particular
use) with respect to the information.
You acknowledge that our ability to make this site and the
information available relies on internet and communications
systems which may be unavailable due to interruptions or
maintenance to such systems which are not within the control
of Ashburton Investments. These interruptions may also result
from power outages. Ashburton Investments hereby gives you
notice of such unavoidable interruptions and delays in
providing this site and the service and undertakes to give you
timely notice if scheduled maintenance to any of its systems
will cause an interruption or delay in the provision of this
site and the information. Neither Ashburton Investments nor
any site administrator of information shall be liable in any
way, and you agree to indemnify and hold harmless Ashburton
Investments and the site administrator for:
(1) any inaccuracy, error, or delay in, or omission of:
(a) any information; or
(b) the transmission or delivery of information;
(2) any loss or damage arising from or occasioned by:
(a) any such inaccuracy, error, delay, or omission; or
(b) nonperformance; or
(c) interruption of information due either to any
negligent act or omission by Ashburton Investments or
providers/transmitters of information or to any "force
majeure" (i.e. flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection,
riot, labour dispute, accident, action of government,
communications, power failure, or equipment or software
malfunction) or any other cause beyond the reasonable
control
of Ashburton Investments or the information
providers/transmitters.
You acknowledge that Ashburton Investments will act on any
instruction reasonably purporting to emanate from yourself.
Ashburton Investments will not be required to enquire as to
the origin of any instruction utilising your User ID or
password, and Ashburton Investments shall not be held liable
as a result of the unauthorised use of your User ID or
password, which you shall keep secret and secure. It is your
responsibility to ensure that your personal information is up
to date and correct.
16. How Disputes will be resolved
All disputes arising as a result of your use of this site or
on the interpretation of these Terms & Conditions or on any
matter which in terms of the Terms & Conditions requires
agreement by the parties, (other than where an interdict is
sought or urgent relief may be obtained from a court of
competent jurisdiction), will be submitted to and decided by
arbitration.
That arbitration will be held with only the parties and their
representatives present in Windhoek at a location to be agreed
upon between the Parties. The arbitration proceedings will be
governed by the provision of the Arbitration Act (Act 42 of
1965) in accordance with the Rules of the Association of
Southern African Arbitrators. The arbitrator shall be
appointed by the President of the Law Society of Namibia.
Either party will be entitled to have the award made an order
of court of competent jurisdiction. The parties will keep the
evidence in the arbitration proceedings and any order made by
any arbitrator confidential unless otherwise contemplated. The
arbitrator will have the power to give default judgment if any
party fails to make submissions on due date and/or fails to
appear at the arbitration.
17. The Law governing our relationship
The Terms & Conditions will be governed and construed in
accordance with the law of the Republic of Namibia without
reference to any conflict of law provisions.
18. Capacity to be bound by these Terms & Conditions
You confirm to us that you have the required legal and
contractual capacity to enter into and be bound by contractual
terms. Minors must be assisted by their legal guardians when
reading these Terms & Conditions. If you are unsure whether
you have the legal capacity to enter into agreements, you must
contact someone able to provide you with this information
before you continue using this site.
19. Privacy term
Personal Information
Your privacy is important to us and Ashburton Investments is committed to ensuring that your personal information is kept confidential.
Use of information
Personal information is used as is appropriate in the normal course of business to provide the products and services you have requested. We may retain any information for purposes of investment transaction and administration to monitor our site or to communicate directly with you, unless expressly directed by you not to do so.
Information security and quality
We intend to protect the quality and integrity of your personal information in all respects, including the use of encryption technology. However, we cannot guarantee the security of any information you transmit to us electronically and you do so at your own risk.
Sharing of information
We will not sell, rent or trade your personal information to any third party and we will take all reasonable steps to ensure that information collected by us is kept strictly confidential. We will only disclose or report personal information when lawfully required to do so and to comply with any relevant legalisation, or regulatory authority or any legal process.
Changes to the Privacy Notice
Our Privacy Notice can be found at www.firstrand.co.za We reserve the right in our sole discretion to amend the Privacy Policy from time to time. You agree to review the Privacy Policy whenever you visit this website for any such amendments. Save as expressly provided to the contrary in the Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
Supplier Privacy Notice
Protecting the personal information or personal data of the Group’s suppliers is important to FirstRand and its subsidiaries. The FirstRand Group Supplier Privacy Notice enables its suppliers to understand how the group collects, uses and safeguards their personal information.
Click here to view the Supplier Privacy Notice.
Questions regarding this Privacy Policy should be directed to the Ashburton Investments compliance department on
investments@ashburton.com.na
20. General Provisions
The headings of the clauses in the Terms & Conditions are
provided for convenience and ease of reference only and will
not be used to interpret, modify or amplify the Terms &
Conditions.
Where any dates or times need to be calculated in terms of
the Terms & Conditions, the international standard time: GMT
plus two hours shall be used.
No failure or delay by us to exercise any of our rights under
law or in terms of these Terms & Conditions will be
interpreted as a waiver of any such right, whether this is
done expressly or implied, nor will it affect the validity of
any part of these Terms & Conditions or prejudice our rights
to take subsequent action against you.
If any provision of these Terms & Conditions is held to be
invalid, unlawful or unenforceable for whatsoever reason, the
relevant provision will be deleted from the Terms & Conditions
and all remaining provisions will continue to be valid to the
full extent permitted by law.
If you have any questions or do not understand anything in
these Terms & Conditions, please send an email to
query@ashburton.co.za
or call our Client Service
Team on +27 (0) 860 000 339 and we will respond to you as soon
as possible.
Click here to view our privacy and security statement.
Ashburton Fund Managers Namibia (Pty) Ltd (Reg
2015/0652) is an authorised financial services provider (FSP
number 40169))
21. 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/.
Click here to view the FirstRand Cookie Notice.
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 the First Rand Group website?
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 the 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.
Ashburton Investments | A part of the FirstRand Group
Ashburton Fund Managers Proprietary Limited (Reg 2002/013187/07) is an authorised financial services provider (FSP number 40169)