Terms and conditions of use and important information Terms and conditions of use and important information   Acceptance Use of website Our intellectual property Software Exclusion of liability Personal data Advice Changes to website Telephone calls Internet communications Privacy and security Additional security General provisions Regulatory status Jersey Isle of Man Mauritius Investment and investment service warnings Additional warnings for people accessing this website from the Republic of South Africa Additional warnings for people accessing this website from the United Kingdom Thank you for visiting our website. Before you go any further it is important that you read and understand the conditions under which you will use the website. Individuals should make their own assessment as to the suitability of the services provided. Some of the services may not be available in certain countries due to local regulatory restrictions. The website, and the information, services and products on it, shall be governed by and construed in accordance with the laws of the jurisdiction in which the Standard Bank Offshore Group Limited has its registered office. Back to top Acceptance This website is owned and maintained by Standard Bank Offshore Group Limited. The use of this website is subject to the following terms and conditions which you should read carefully. By using this website you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this website. References to the use of this website also refer to the use of online services. Back to top Use of website This website is designed to be accessed through its principal product home pages and such other pages as Standard Bank Offshore Group Limited may decide. If you access the website through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to a full understanding of our products and services. Back to top Our intellectual property Unless otherwise stated, the copyright and any other rights in all material on this website are owned by Standard Bank Offshore Group Limited. You can download, print or copy material from this website for your personal use, however you must not make any changes to this website or use any of its images or text to make false representation. No one is permitted to use part of this website on another site, reproduce part or all of this website, nor can they link to this website without the express permission of Standard Bank Offshore Group Limited. Reproduction of part or all of this website, in any format, is strictly prohibited without the express permission of the Standard Bank Offshore Group Limited. If in the event that you require additional software to use this website, any software downloaded by you is at your own risk. Back to top Software You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer and Netscape browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of the website not to operate properly or at all. Software, if any, made available for download on or via our website is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether express or implied, as to the quality of fitness for purpose or the use of such software. Back to top Exclusion of liability While Standard Bank Offshore Group Limited has taken all reasonable steps to ensure the accuracy and completeness of the information on this website we give no warranty that the website will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise), arising out of errors or omissions contained in this website. Further, no warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties. Access to and use of this website is at the user's own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. Nothing in these terms and conditions shall exclude or limit or restrict our duties and liabilities to our customers under any legislation which Standard Bank Offshore Group Limited or any of its subsidiaries are bound to comply with. Further, nothing in these terms and conditions shall attempt to exclude fraudulent misrepresentation. This website may contain links to other websites which are hosted and maintained by third parties. We have no control over the content or security of any such website. You link to such websites at your own risk, and Standard Bank Offshore Group Limited makes no representations regarding the content of any such website. We cannot be liable for any loss or damage which may arise from the use of such third party websites. Back to top Personal data By agreeing to be bound by these terms and conditions, you are consenting to us collecting and storing certain personal data about you. This data will be used to provide the service applied for and may be stored by Standard Bank Offshore Group Limited to keep you informed of products and services which may be of interest to you. This data will not be used other than in the normal course of our business. If you do not wish to receive such information, all you need to do is write to let us know. If you wish to receive details of personal data held about you by us, you may write to request this - a fee may be charged for this service. Back to top Advice The contents of this website do not purport to provide any financial, investment or professional advice and nothing on the pages of this website shall be deemed to constitute the provision of financial, investment or other professional advice in any way. Information in this website is of a general nature and is not intended to address the specific circumstances of any particular individual or entity and is not necessarily comprehensive, complete, accurate or up to date. Back to top Changes to website The contents of this website, including these terms and conditions of use, are subject to change by Standard Bank Offshore Group Limited without notification. We may modify, suspend or discontinue the website, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the website. By accessing this website you are bound to the version of the conditions published here at the time of any visit to this website. You agree to view the current version each time you access the website. Back to top Telephone calls We may record telephone calls for security for you and our staff, and to help maintain our service quality. Back to top Internet communications In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, The Standard Bank Offshore Group Limited reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorised as being in breach of the Standard Bank Offshore Group Limited Information Security Policy and Procedures. Back to top Privacy and security In order to provide the services to you in terms of this agreement, or as you may request from time to time, it may be necessary for us to transfer your information to a person (or persons) who, pursuant to existing or future arrangements, provides services to us ( for example outsourcing). If we do so, we will ensure that any person to whom we pass your information agrees to treat your information with the same level of protection and confidentially as we will apply to it in compliance with relevant data protection legislation in force. We endeavour to take all reasonable steps to protect your personal data, including the use of encryption technology, but cannot guarantee the security of any personal data you disclose online. You accept the inherent security implications of communicating with us over the Internet and will not hold Standard Bank Offshore Group Limited responsible for any breach of security unless we have been negligent or in wilful default. Standard Bank Offshore Group Limited website uses cookies to enhance your viewing of our website. We also use IP addresses to gather broad demographic information and to analyse trends. Although it is possible to identify visitors to our website using IP addresses we do not do so except in cases of fraud or attempted fraud. To protect against fraud we undertake a number of security checks. The information we receive may be supplemented with information from 3rd party sources. The information gathered is used solely by Standard Bank Offshore Group Limited. We will never collect sensitive information about you without your specific consent. The information we hold will be accurate and up to date. If you find any inaccuracies we will delete or correct it promptly. The servers we store personally identifiable information on are kept in a protected area along with any hard copies of such data, access to which is limited to our specified members of staff. In addition to this, all of our staff use password protected PC's and are regularly kept up to date on our Information Security Policy and Guidelines. Our security measures are in accordance with current law. Our website contains links to other sites. Please note that we are not responsible for the privacy practices of these other websites. We recommend that you read the privacy and security statements of any website that requests personal information from you. If at any time you believe that we have not adhered to the above principles, please notify our Compliance Department by E-mail at compliance@standardbank.com where all reasonable efforts will be made to promptly determine and resolve any issues. Back to top Additional security You may wish to alter the security level on your own PC to warn you when you are entering or leaving a secure website. Details on how to alter your browsers security levels may be obtained from your browser provider. Back to top General provisions The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions. No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you. If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law. Back to top Regulatory status The following contains information about the regulatory status and further important notices relating to Standard Bank Offshore Group Limited and its subsidiary undertakings in Jersey, the Isle of Man and Mauritius. The following companies are all wholly owned subsidiaries of Standard Bank Offshore Group Limited, which has its registered office at Standard Bank House, 47-49 La Motte Street, St. Helier, Jersey. The ultimate holding company of Standard Bank Offshore Group Limited is Standard Bank Group Limited which has its registered office at 9th Floor, Standard Bank Centre, 5 Simmonds Street, Johannesburg, South Africa. Back to top Jersey Standard Bank Jersey Limited is regulated by the Jersey Financial Services Commission to conduct deposit taking business under the Banking Business (Jersey) Law 1991 and investment business under the Financial Services (Jersey) Law 1998 and is a member of the London Stock Exchange. Standard Bank Offshore Trust Company Jersey Limited is registered with the Jersey Financial Services Commission to conduct trust company business. Standard Bank Fund Managers Jersey Limited is registered with the Jersey Financial Services Commission under permit as a functionary of collective investment schemes. Standard Bank Jersey Limited is a wholly owned subsidiary of Standard Bank Offshore Group whose registered office is at 47-49 La Motte Street, St Helier, Jersey JE4 8XR. Back to top Isle of Man Standard Bank Isle of Man Limited is licensed by the Isle of Man Financial Supervision Commission for banking business. Banking deposits made with Standard Bank Isle of Man Limited are covered by the Depositors Compensation Scheme contained in the Isle of Man Banking Business (Compensation of Depositors) Regulations 1991. The Isle of Man has a financial Services Ombudsman Scheme covering disputes relating to financial services offered in or from within the Isle of Man to individuals. Standard Bank Trust Company (Isle of Man) Limited is licensed by the Isle of Man Financial Supervision Commission as a corporate and trust service provider. Standard Bank Trust Company (Isle of Man) Limited is registered with the Isle of Man Insurance and Pensions Authority as a Professional Retirement Benefits Schemes Administrator. The Isle of Man has a Financial Services Ombudsman Scheme covering disputes relating to financial services offered in or from the Isle of Man to individuals. Standard Bank Isle of Man Limited is a wholly owned subsidiary of Standard Bank Offshore Group whose registered office is at 47-49 La Motte Street, St Helier, Jersey JE4 8XR. Back to top Mauritius Standard Bank Trust Company (Mauritius) Limited is licensed as a Management Company under the Financial Services Development Act 2001. Standard Bank Trust Company (Mauritius) Limited is not licensed to operate as a bank under the Banking Act 2004. Standard Bank Trust Company (Mauritius) Limited is a wholly owned subsidiary of Standard Bank Offshore Group Limited. Standard Bank Offshore Group Limited has its registered office at 47-49 La Motte Street, St Helier, Jersey, Channel Islands. Back to top Investment and investment service warnings When making investments, it must be remembered that the price, value and income of such investments may rise or fall and you may get back less than you invested. Where higher volatility investments are involved you could lose all of the amount invested. Investments denominated in foreign currencies are subject to changes in rates of exchange that may have an adverse effect on the value, price or income. Past performance may not necessarily be a guide to the future. Investment in unit trusts and the shares of open-ended investment companies are generally a medium to long-term investment. The investment services detailed in this site may not be suitable for all individuals or entities and prospective investors must rely on their own investigations and evaluations including the merits and risks involved. Each prospective investor should consult their own advisers with respect to the legal, tax, regulatory, financial and accounting consequences of their investment. Prospective investors should not treat the contents of this website as advice in relation to such matters. In no circumstances will Standard Bank Offshore Group Limited or its associated companies be responsible for any costs or expenses incurred by any investor or prospective investor in connection with any investigation or evaluation of the investments. The offer and sale of some products in certain jurisdictions may be restricted by law. This website does not constitute an offer to sell or the solicitation of an offer to buy any products, nor shall any products be offered or sold to any person, in any jurisdiction in which such offer or sale would be unlawful under the laws of such jurisdiction. Any prospective investor wishing to subscribe for any products should satisfy themselves as to the observance of the laws of any relevant jurisdiction, including the obtaining of any requisite governmental or other consents and the observing of any other formalities. Certain parts of this website may constitute an invitation to treat. The offer is made when the applicant has completed the appropriate account opening documentation and this has been received by Standard Bank Offshore Group Limited and its subsidiary undertakings at their place of business. Standard Bank Offshore Group Limited and its subsidiary undertakings will communicate its acceptance of the offer to the applicant by advising them of an account number unique to that applicant. Back to top Additional warnings for people accessing this website from the Republic of South Africa If you authorise SBJ to exercise discretion over your portfolio or manage your portfolio on an advisory basis, the investments selected will be determined by your investment objectives and may comprise fixed interest securities, equities, unit trusts, offshore funds and cash. SBJ may employ independent third party custodians. To safeguard assets all third party custodians used must confirm to SBJ, in writing, that: they will not part with possession of assets otherwise than to SBJ or in accordance with the Broker's instructions; such assets will be segregated from SBJ and that they do not belong to SBJ; they will, not less than once every six months, prepare and deliver a statement specifying the assets they hold. Commissions arising on transactions are based on the size of the transaction and are subject to a minimum charge. Management fees are determined as a percentage of a portfolio's value at regular valuation dates and are subject to a minimum charge. Nominee and global custody charges, which are not charged where a management fee is levied, are based on the number of movements over, and holdings in, a portfolio. You will receive a contract note recording purchase/sale details on every occasion a transaction is undertaken on your behalf. You will receive a statement of account at least quarterly. If you have entered into a discretionary or advisory management agreement, you will receive a valuation of your portfolio at least annually. Back to top Additional warnings for people accessing this website from the United Kingdom The contents of this website have not been approved by a person authorised under the Financial Services and Markets Act 2000 ("FSMA") for the purposes of section 21 FSMA and consequently this website may be viewed in the United Kingdom only by investment professionals, high net worth companies and unincorporated associations, and certified sophisticated investors as described in Articles 19(5), 49(2) and 50(1) respectively of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (as amended). It may not be viewed by any other class of person. This website is intended for high net worth companies and unincorporated associations, certified sophisticated investors and persons having professional experience in matters relating to investments. Any investment or investment service to which this website relates is available only to such persons. Persons other than certified sophisticated investors who do not have professional experience in matters relating to investments should not rely on the contents of this website. A certified sophisticated investor is a person who has a current certificate signed by a person authorised under FSMA to the effect that he or she is sufficiently knowledgeable to understand the risks associated with the type of investment to which this website relates, and who has himself or herself signed (within the last twelve months) a statement to the same effect. Reliance on the contents of this website for the purpose of engaging in any investment activity may expose an investor to a significant risk of losing all of the property invested or of incurring additional liability. Any person who is in any doubt about the investments and investment services to which this website relates should consult an authorised person specialising in advising on such investments and investment services. If you have any questions or do not understand anything in these conditions please send an email to webmaster@standardbank.com and we will respond. Back to top Issued: 01 / 06 / 04   Terms and conditions of use and important information