- What these terms cover. These are the terms and conditions on which we give you access to and allow you to use the Investec Platform (the Platform). The Platform is intended for investors over 18 years of age. Investors who are resident in or citizens of countries other than the UK may be subject to local restrictions. In particular, you acknowledge that the products or services available on the Platform are not available in the United States or to any U.S. Person (as defined in Regulation S of the U.S. Securities Act of 1933 (as amended) or as defined in the U.S. Internal Revenue Code of 1986 (as amended)). By accessing the Platform, you confirm that you are not a person within the United States or a U.S. Person and that you will not distribute, forward, transfer or otherwise transmit any of the content of the Platform to any person in the United States or to any U.S. Persons. These terms do not cover our provision or your receipt or use of any products or services which we make available to you on the Platform, which will be subject to additional terms.
- Why you should read them. Please read these terms carefully before you access or use the Platform. By accessing or using the Platform, you are deemed to have agreed to and be bound by all of these terms. If you do not wish to agree to and be bound by these terms in their entirety, you should not access or use the Platform.
- The content on the Platform. The content on the Platform is for general information only. Nothing on the Platform should be construed as being personalised financial, investment or other advice, or shall be deemed to constitute the invitation or offer of such advice. Nothing on the Platform is an invitation for you to subscribe or purchase any of our products and services. To the fullest extent permitted by law, we will not be liable for any actual or purported reliance by you on the content on the Platform. You should always obtain advice from a qualified financial adviser before making any investment decision.
- IFAs. We allow your Independent Financial Adviser (IFA) to access and use the Platform. Using the Platform, your IFA will be able to view your product holdings and their indicative current values, view and change your address and country of residence and carry out any other actions which we permit your IFA to carry out on the Platform from time to time. Your IFA will also be notified if you carry out certain actions on the Platform, and you acknowledge and agree to this. You agree that we shall have no liability, no matter how that may be caused, arising from any actions carried out by your IFA. If you are acting for or on behalf of someone else in accessing and using the Platform (for example, as their IFA), then you acknowledge that separate terms will apply to your access to and use of the Platform.
Information about us and information about the Platform
- Who we are. We are Investec Bank Plc, a company registered in England and Wales. Our company registration number is 00489604 and our registered office is at 30 Gresham Street, London EC2V 7QP (in these terms, we refer to ourselves as we or us). We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
- The Platform. The Platform is hosted by Microsoft Azure and is owned and operated by Socius Technologies Limited, who have granted a licence to us to offer and administer our products and services using the Platform.
Your access to the Platform
Permitted access and use. We allow you to have access to the Platform on a personal, non-commercial basis, to:
We may temporarily or permanently withdraw, stop you from using, change, remove or add to any content on or functions of the Platform, including those described in this clause. We shall not have to give you any notice, nor shall we have any liability, if we do so.
- view your product holdings and their current value (subject to clause 3.7);
- download certain documents which we consider are relevant to you;
- request that we change certain personal details which we hold about you (for example, your address, bank account details, email address and country of residence);
- exercise certain cancellation rights or early encashment in relation to your products;
- contact us, using email or such other means as made available by us;
- lock your account (for example, if you think that it has been compromised); and
- reset password(s) for your account.
We may require that you submit information and materials to us before implementing some actions which you carry out on the Platform (for example, if you request that we change certain personal details which we hold about you). You agree that we shall not have any liability, no matter how that may be caused, arising from or related to any failure or delay by you in providing us with information or materials.
- You may not copy or make any commercial use of the Platform or any of the content, unless we have given permission for you to do so in writing.
You may only download or print content from the Platform for your personal, non-commercial use. You agree that you will not:
- make any changes to the downloaded or printed content (for example, by removing copyright, trademark or other intellectual property notices from the content, or by using any graphics from the content separately from the corresponding text, or by removing or distorting the size or appearance of the content);
- use the downloaded or printed content in a way that is likely to risk causing infringement or damage to our intellectual property (including our brand) or business; or
- use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You agree that you will not use any content, information, imagery or data from, or forming part of, the Platform:
- in such a way as to risk causing confusion or an association as between you or your activities (or a third party or their activities) and us and our activities;
- in such a way as to risk causing harm to our intellectual property (including our brand) or business;
- in such a way as to risk associating us with any harmful or unlawful activities, data or information; or
- in connection with the creation, dissemination or hosting of malicious software or code (such as viruses, worms, spyware and Trojan Horses).
You agree that you will not:
- state or imply that we are related to, endorse, or are responsible for any products or services which are not in fact our own products and services;
- create any browser, frame or other border environment around the Platform;
- misrepresent or mischaracterise your relationship and dealings with us; or
- create, disseminate or make available to any person any untrue or misleading information about us.
- Availability of the Platform. We try to make sure that access to the Platform is always available. However, we may decide from time to time to restrict or prevent access to or use of all or part the Platform (we may do this to carry out maintenance on the Platform, or for any other reason). We shall not have to give you any notice, nor shall we have any liability, if we do so. We do not warrant that the Platform, or any part of it, will be available at all times. You agree that we shall not have any liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Platform or any part of it at any time.
- Accuracy of the Platform and indicative values. We try to make sure that the content displayed on the Platform is correct, up-to-date and complete in all material respects, but we cannot give any assurances that this is the case in all circumstances. It is your responsibility to check that any content on the Platform is accurate, complete and up-to-date. We are not obliged to identify to you any content which is incorrect, superseded, out-of-date or incomplete, nor are we obliged to update, correct or complete such content. We disclaim any express or implied warranties as to the completeness or accuracy of the Platform or its content. You agree that we shall have no liability, no matter how that may be caused, arising from any content which is not correct, complete, up-to-date or which has been superseded. You also acknowledge that any values shown on the Platform relating to any of your holdings are indicative and do not necessarily reflect what you may receive upon any cancellation, early encashment or maturity.
- Your registration, data protection, cookies and monitoring. We require you to register before you can access and use the Platform. For you to register, we have to record some of your personal data. We will also record your personal data which comes into our possession as a result of your use of the Platform. We recognise and respect the privacy and data protection rights of individuals with regard to personal data. You acknowledge and agree that we may use the personal data which you disclose to us to provide you with products and services which you request from us, to manage your accounts, to make decisions, to detect and prevent fraud, to fulfil any contractual relationship with you, to carry out analysis and assessment, to make sure that we comply with all applicable legal and regulatory requirements, and for other purposes (where in our legitimate interests). When you access and use the Platform, you indicate to us that you have read our Data Protection Notice (which describes how we will deal with your personal data in more detail) and that you are willing for us to deal with your personal data as set out in that notice. If you ever provide personal data on behalf of someone else, you must indicate to us that you have referred them to this clause 3.8 and our Data Protection Notice.
- We treat your registration as an application by you to access and use the Platform. This means that we do not have to approve access to and use of the Platform. If we do approve your application to access and use the Platform, we may revoke, impose conditions on or limit your access to or use of the Platform at any time, without having to give you notice and without having any liability.
- Your login details to access the Platform are personal to you. You must keep your login details confidential and not allow another person to use them. You agree that we will treat all actions (whether or not you carried them out or authorised them) carried out using your login details as carried out by you, and that you will be responsible for all of those actions.
We use the following cookies (which are text files containing information, downloaded by your computer or other device when you visit a website) on the Platform:
We may add to, remove or change the cookies which are used on the Platform and we shall not have to give any notice to you, nor seek your approval to do so. If you wish to restrict or block the cookies which we use on the Platform, you may be able to do this through your browser settings, but you acknowledge and agree that if you restrict or block the cookies which we use on the Platform, this may impair the functionality of the Platform.
- Authentication cookie. This cookie is downloaded when you successfully log in to the Platform, and it is used to manage your session on the Platform. It remains on your computer or other device for the duration of your session on the Platform, but is deleted when you log out of the Platform (or that session expires).
- Device cookies. This cookie is downloaded when you first successfully log in to the Platform. It enables us to send you an alert email if a different computer or other device is used to access the Platform using your user identification details. The cookie, once downloaded, remains on your device, unless you delete it through your browser settings. If you delete it through your browser settings, an alert email to you is generated when you next log in to the Platform using that device.
- "Remember me" cookie. This cookie is downloaded if you check the "Remember me" box before logging in to the Platform. It allows us to prepopulate your username for the next time you login to the Platform. The cookie will be deleted automatically after five days or can be deleted at any time by unchecking the "Remember me" box and logging in to the Platform.
- You acknowledge that we may record and monitor all telephone calls with us (including to any telephone number which we display on the Platform), and monitor internet communications, including web and email traffic into and out of our domains. We do so for the purposes of meeting our legal and regulatory obligations, security, and the detection and prevention of fraud and other crimes.
- Your compliance with laws and regulations. You agree to always comply with all applicable laws and regulations. It is your responsibility to make sure that your access and use of the Platform not only complies with these terms, but also with the laws of the jurisdiction from which your use or access is made. You agree not to misuse the Platform, or any information, imagery or data from or forming part of it, for or in connection with any unlawful purpose or in any way that breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- What happens if you do not comply. We have sole and absolute discretion to decide whether you have failed to comply with these terms or applicable laws and regulations. We also have sole and absolute discretion to decide whether you have acted (or failed to act) in a way which is not consistent with our continued provision of your access to the Platform. In either of these circumstances, we may revoke your access to the Platform without notice and without liability, and we may take any further action against you which we consider to be appropriate.
- Risk and responsibility. You access and use the Platform and all content, information, imagery or data from, or forming part of, the Platform, entirely at your own risk. We accept no liability, no matter how that may be caused, and whether directly or indirectly, for any loss or damage caused to you or another arising from or connected to your use of the Platform, or for changes made to the Platform or its content by any unauthorised person. To the fullest extent permitted by law, all warranties and terms which might otherwise be implied by law, custom or usage are excluded from these terms and we make no representations, warranties or guarantees, whether express or implied, that that Platform and any content displayed on the Platform is accurate, complete or up-to-date.
- Viruses. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, interfaces and platform to access the Platform. You should use your own virus protection software. You must not misuse the Platform by knowingly introducing viruses, Trojan Horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which it is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Our intellectual property rights. Our intellectual property rights include copyright and registered and unregistered trademarks. We are either the owner or the licensee of all of the intellectual property rights in and to the Platform and its content (unless we specify otherwise), and we expressly reserve all of our rights in this regard. This means, among other things, that any goodwill which is created or generated through your use of the Platform accrues to our benefit.
- You may not use or reproduce, in any form, any of the content, information, imagery or data from or forming part of the Platform, except in compliance with these terms and any additional restrictions which may from time to time be imposed by us. You are not permitted to use any of our trademarks without our prior written approval.
- Your intellectual property rights. From time to time, we may require you to submit information or materials to us using the Platform. When you submit any information or materials to us using the Platform, you grant to us a worldwide, perpetual and royalty-free licence to the intellectual property rights (including copyright) and other rights in such information or materials. You agree that we may use such information and materials in any way, and for any lawful purpose, which we consider appropriate (but we acknowledge that this does not limit any rights which you may have in your personal data).
- Links. We may provide links from the Platform, directing you to other websites or domains. When you use these links and access other websites or domains, you acknowledge that you will become subject to and responsible for your compliance with all terms, conditions and policies applicable to those websites or domains. If we provide links from the Platform directing you to other websites or domains which we do not own or operate, then we are not responsible for and do not endorse the accuracy or content of those websites or domains.
- Confidentiality and security. When you submit any information or materials to us using the Platform, you acknowledge that this does not (except as required by applicable laws or regulations, or separately agreed by us in writing) require us to keep such information or materials confidential. We also cannot guarantee the security of communications between you and us, and therefore we accept no liability for breach of security of any communications sent by you to us using the Platform or the information contained on it. Such communications are at your own risk.
- Our rights. We enforce our rights under these terms at our discretion. No failure or delay on our part in enforcing any of these terms is a waiver of our rights under these terms, nor will it affect our rights under these terms in any other way.
- Our liabilities. We do not exclude or limit any liability which cannot be excluded or limited by law. To the extent permitted by law, in no event will we be liable to you for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with either your use or inability to use the Platform or your use or reliance on any content displayed on the Platform. Our total aggregate liability, whether in contract, tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether negligent or innocent), restitution or otherwise, arising under or in connection with these terms shall be limited to £500 (five hundred pounds) in aggregate.
- We may change these terms. If we wish to change these terms, we may do so at any time and we shall not have to give notice to you or seek your approval of such changes, which you shall be deemed to agree to and be bound by. We recommend that you revisit this page regularly and your continued access to the Platform will mean that you agree to the changes.
- Invalidity. If any of these terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these terms, and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
- Rights of third parties. A person who is not a party to these terms may not enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.
- Relationship. Nothing in, and no action taken under, these terms creates a relationship of principal and agent between you and us.
- Assignment. You may not assign, transfer or permit the exercise by any other party of your rights under these terms. We may subcontract, assign or novate these terms or any of our rights to any member of our group or a third party without your consent.
- Governing law. These terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with English law.
- Jurisdiction. These terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with English law. Any dispute relating to or arising out of these terms and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts. This clause does not prevent you from bringing proceedings in your local courts, to the extent that your statutory rights permit you to do so.