TERMS AND CONDITIONS
Ashburton Fund 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.
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
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
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.
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
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 20 February
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
7. ELECTRONIC TRANSACTIONS, INSTRUCTIONS, COMMUNICATIONS AND
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
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
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.
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
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
email@example.com. 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
An application to use our intellectual property must be
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
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
of Ashburton Investments or the information
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
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. 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 &
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
or call our Client Service
Team on +27 (0) 860 000 339 and we will respond to you as soon
here to view our privacy and security statement.
Ashburton Fund Managers Namibia (Pty) Ltd (Reg
2015/0652) is an authorised financial services provider (FSP