SIMPLYINVESTING.CO.ZA TERMS OF SERVICE
In these terms and conditions, unless otherwise indicated by the context of the sentence or clause, the following terms will have these defined meanings:
1. Administrator: the company which administers the Client’s/Investor’s investment, being either Allan Gray or Investec, depending on the Product under administration;
2. Adviser: A financial service provider in terms of the Financial Advisory & Intermediary Services Act 37 of 2002.
3. Allan Gray: Allan Gray Unit Trust Management Limited or Allan Gray Investment Services Limited depending on the Product under administration, both being wholly owned subsidiaries of Allan Gray Limited is an authorised financial services provider;
4. Business Day: Any week day other than a Saturday, a Sunday or a holiday (including a public or bank holiday).
5. Client: Any person who uses the Service, who signs the Investor Declaration / Record of Advice or Client Service Agreement and has signed the Client Declarations when submitting a Request.
6. Information: Includes all personal and confidential information.
7. Intellectual Property Rights: All patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, calculators, templates, software, and other similar rights or obligations, whether or not registerable, registered or under application for registration, in any part of the world. It includes any changes or additions;
8. Investec: Investec Unit Trust Management Limited or Investec Investment Services Limited depending on the Product under administration, both being wholly owned subsidiaries of Investec Limited is an authorised financial services provider;
9. Investor: a Client who has entered into a Product related contract with an Administrator for the investment;
10. Losses: All loss or damage, including direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage;
11. Marks: Any trademarks, logos, brand names, domain names, or other marks of Simply Investing;
12. Parties: Simply Investing and any person, who visits and uses the website including a Client or Investor, will constitute the Parties to this agreement.
13. Profile: The information that the client / investor provides through the Website using the risk profiling tool, regarding one of the Products for which rankings and recommendations are offered on the Website.
14. Product: The Unit Trust Fund administered or supplied by an Administrator from time to time;
15. Request: An application form completed by the Client and submitted through Simply Investing to an Administrator to transact on a Product;
16. Service: The limited, independent advice and risk profiling service offered by Simply Investing aimed at facilitating the client investor’s purchase of a Product from an Administrator;
17. Simply Investing: The website and service offered at website and URL www.simplyinvesting.co.za.
18. Website: The Simply Investing website currently found at http://www.simplyinvesting.co.za
19. You: Any person who visits or uses the Website, including a Client and Investor.
1. The clause headings have been inserted for convenience only. The headings should not affect the interpretation of the terms.
2. Any reference to a person includes a natural and juristic person.
3. The rule of construction, that a contract must be interpreted against the party responsible for the drafting or preparation of the contract, does not apply.
4. All defined terms are used in title case. The same terms appearing in lower case, should be interpreted according to their plain English meaning.
5. Whenever “including” or “include”, or “excluding” or “exclude” is used, together with specific examples, they will not limit the ambit.. This does not apply to one specific example.
6. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time.
1. The provision of the Services with respect to the Product, for which rankings and recommendations are offered on the Website, are subject to these terms and conditions which you are deemed to have accepted..
2. Your relationship with Simply Investing is also governed by the Disclosure Notice and Online investment declaration, which you sign when submitting a Request to invest. These documents are located at http://www.simplyinvesting.co.za/investnow and are incorporated herein by reference. In the event of a conflict between the provisions of any of those documents and these terms and conditions, the provisions of the relevant document will prevail.
3. A separate contract is entered into between you and your Administrator once you select a Product. Simply Investing is not a party to that contract and it is merely the Administrators accredited agent.
4. ACCEPTANCE OF THESE TERMS
1. You are deemed to have accepted these terms and conditions, when you visit the Website or use the Service and each subsequent time that you visit or use the Website or you login to your Online Account.
2. Simply Investing is deemed to have accepted these terms and conditions at its office in Durban, KwaZulu Natal, South Africa.
5. THE SERVICE
1. Simply Investing provides an Internet-based limited, educational, independent advice and planning service aimed at facilitating the Client/Investor’s purchase of a Product from an Administrator.
2. The Service is not targeted at residents outside of the Republic of South Africa. In particular, nothing on this Website should be interpreted as targeting persons or entities in the United States of America, Canada, the United Kingdom, Australia and/or Hong Kong.
3. In making use of the Service, you have been deemed to have read and familiarised yourself with the contents of the Website, in which information about the Service is provided.
4. The information on the Website is provided solely to enable you to make your own investment decisions and should not be regarded as a solicitation or recommendation to buy, sell or otherwise deal with any particular investment.
5. The Services referred to on the Website may not be suitable for all Clients/Investors. If you are in need of personal in depth financial advice or a full financial needs analysis, you should consult an Adviser.
6. Simply Investing’s provision of the Service with respect to the Products is non- discretionary. Your investment choices are made entirely by you the investor and Simply Investing cannot be held responsible for any investment choices made by you in any way what so ever.
7. Simply Investing does not and will not have custody of the Product you may acquire and does not and will not have any authority to make any investment, switch or withdrawal on your behalf.
8. The choice of whether or not to implement a transaction based on any recommendation or ranking and the method of making the investment (including the selection of service provider) is in your sole and absolute discretion.
9. The Service is intended as a single need advice tool for investment savings designed to help you make investment decisions. It is designed to assist you in your investment planning. It is not a retirement planning tool. Simply Investing do not conduct a financial needs analysis. The Service is not a substitute for your own informed judgment. You are responsible for your own investment decisions, and you may accept, reject or modify the investment rankings and recommendations provided.
10. Simply Investing specifically draws your attention to the fact that you have a right to a full analysis of your financial objectives before acquiring a Product. Should you decide to acquire a Product without conducting a full financial needs analysis, you do so at your own risk. Accordingly it is your responsibility to ensure that the advice provided is appropriate given your current financial situation.
1. You may use the Website and Service free of charge. No subscription or other fees are levied against you for the Service. If you acquire a Product, an annual service of 0.45% + VAT (if applicable) will be charged per annum.
2. A schedule of fees and charges is available on the Website under the “Fees” tab. The TER (total expense ratio) for each of our unit trust funds available is accessible on the fund fact sheets section under the “Invest Now” section of the Website. Simply Investing will endeavour to keep these fund fact sheets up to date at all times. However, Simply Investing cannot be held liable for recent unit trust fund fee changes not updated on the funds fact sheets displayed on the Website.
7. SUBMITTING REQUESTS
1. Simply Investing will only enable you to place a Request where:
a. You are legally entitled to do so;
b. The Request complies with all of its relevant terms;
c. You furnish Simply Investing with all the information and documentation it requires, as specified under “Invest now” on the Website; and
d. You provide the FICA documents it requires, failing which your request cannot be processed.
2. If you submit a Request you warrant that:
a. All information is current, accurate, true, and complete; and
b. You are legally old enough to contract with Simply Investing or an Administrator;
c. You are legally capable of concluding any transaction;
d. You possess the legal right, full power, and authority to contract with Simply Investing or an Administrator;
3. If you are younger than 18 years of age, you warrant that you have obtained the consent of your legal guardian to contract with Simply Investing or that you have obtained legal status in another manner.
4. All your Requests will be deemed to have taken place at Simply Investing’s office in Durban, KwaZulu Natal.
5. When you communicate with Simply Investing relating to a Request, it will be deemed to be received when the communication is received on its web server. When Simply Investing communicates with you in regard to a Request, it will be deemed to be received when the communication leaves its web server.
6. Simply Investing will provide you with a confirmation of receipt by e-mail when it receives your Request. Your receipt of the email constitutes acknowledgement of receipt of the Request. This is proof that Simply Investing have received the Request. If you do not receive an acknowledgement of receipt, then your Request has not been received by Simply Investing.
7. You agree that the physical and electronic records of all Requests will constitute prima facie evidence of the contents of the Request.
8. A Request cannot be terminated or revoked once submitted to Simply Investing.
9. Under no circumstances will Simply Investing be held liable should there be a delay in the processing of any Request, except where the delay is solely attributable to gross negligence on its part. You agree to indemnify Simply Investing and hold it harmless against any Loss arising from any delay. Simply Investing includes its directors, employees, agents, consultants, and advisers.
10. You undertake to furnish Simply Investing in writing with any changes in your personal details. Simply Investing are not responsible for any consequences arising from your failure to inform it.
1. In order for redemption to proceed, you must first receive a confirmation email from Simply Investing. Simply Investing will require proof of your bank details and the fully completed and signed Redemption form of the Administrator. For timelines, please refer to the Administrators Terms and Conditions.
2. All cut off times for new investments, switches and redemptions is 12pm in order to meet the Administrator cut off times.
9. PRODUCT RELATED CONTRACT
1. Once you proceed with the recommendation you will enter into a separate contract with an Administrator that governs your use of the product. Simply Investing is not a party to that contract.
2. Your Administrator will process your completed application form which Simply Investing will send to them on your behalf.
3. It is your responsibility to ensure that sufficient funds are available in your bank account for collection by your Administrator for your lump sum investment and your monthly debit order.
4. Simply Investing will communicate with you annually on the anniversary date of your investment with respect to the ongoing investment advice.
5. You will receive approximately 4 quarterly statements by e-mail from your Administrator.
2. Simply Investing will do all things reasonably necessary to protect your rights of privacy while you are using the Website.
3. Simply Investing will not accept any liability for unauthorised or unlawful disclosure of any information made by third parties who are not subject to its control.
4. Simply Investing cannot be held responsible for any Losses suffered by you or by any other third party as a result of your Information being disclosed.
11. AVAILABILITY OF THE WEBSITE
1. Simply Investing will make every effort to ensure the Website is always available.
2. Simply Investing reserves the right to temporarily or permanently suspend the operation of the Website (downtime). The reason for this may include:
a. Maintenance and software upgrades;
b. Security concerns; or
c. Technical issues.
3. The Website will not be available when Simply Investing is conducting maintenance and software upgrades.
4. Simply Investing will not be liable for any Loss incurred or suffered arising from any cause as a result of any suspension or downtime.
1. Simply Investing reserves the right to preserve the security and reliable operation of the Website at all times.
2. You must not do anything (or permit anything to be done) that will compromise the security of Simply Investing or its website.
1. Simply Investing records your login data, including the date and time, your IP address, HTTP header information, browser type and version, and screen resolution. It also monitors the Website to track activity and performance to improve the quality of the Website.
2. You waive your right to claim from or institute legal action against Simply Investing because it records your login data or monitor the Website.
14. CHANGES TO THESE TERMS
1. Simply Investing may change these terms at any time, to which you will be bound. Simply Investing may change these terms to cater for changes in its business needs and applicable legislation (amongst other things).
2. If you object to any change, you are entitled to terminate your access in writing
15. INTELLECTUAL PROPERTY RIGHTS
2. You are obliged to comply with all laws applicable to any Intellectual Property Rights in respect of any information you access, retrieve, or store when using the Website.
3. Simply Investing grants you a limited, non-exclusive licence to access and use the Website. You are not allowed to modify (other than by page caching) any portion of the Website without the prior written consent of Simply Investing. However, an Investor may change their own Information.
4. Unless explicitly permitted by Simply Investing, in writing, the licence does not permit you to:
a. Resell or make commercial use of the Website or its contents;
b. Collect or any use of any product listings, descriptions, or prices;
c. Make derivative use of the Website or its contents;
d. Download or copy any information for the benefit of another service provider; or
e. Use data mining robots or similar gathering and extraction tools.
5. No part of the Website (or any information or documents available on the Website) may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the prior written consent of Simply Investing.
6. Furthermore no person may frame (or use any framing techniques to enclose) any Marks or other proprietary information (including images, text, page layout, or form) without the prior written consent of Simply Investing..
1. Simply Investing do not and cannot guarantee the future performance of any Product ranked or recommended by it. Past performance is not necessarily a guide to the future and investors may not get back the full amount invested. Asset class information is as at the stated date on each of the fund fact sheets accessible under the “Invest Now” tab on the Website. However asset allocations could change considerably over time subject to mandate parameters.
2. Simply Investing do not promise that any investments it ranks or recommends will be profitable or that those ranked higher will outperform those that are ranked lower.
3. The prices of Products ranked and recommended by Simply Investing may be volatile, and any investment made in reliance on the rankings and recommendations it provides may lose value and are undertaken at your own risk.
4. The price and value of investments and their income may fluctuate. You may get back less than the amount that you invested. Past performance is not necessarily a guide to future performance.
5. The levels of and bases of taxation can change. The value to an investor of any tax benefits will depend on that Investor’s tax position. Investors should consult their own tax advisers in order to understand any applicable tax consequence.
6. Where an investment is described as likely to yield income, or being suitable for an investor particularly seeking income from his/her investments, you should note that income from investments may fluctuate and part of the capital may be used to pay that income.
7. Simply Investing do not provide recommendations as to general asset allocation, and do not take your existing asset allocation into account in determining its rankings. The recommendations provided by Simply Investing are specific to the Profile information you provide, and it assumes that the Profile information you provide falls within your chosen asset allocation parameters.
8. Simply Investing may provide access to news and content provided by third parties over which it does not exercise editorial control or review, and it is not responsible for the content of such materials. The information is compiled in good faith and based on sources believed to be reliable, accurate and up to date. Simply Investing accordingly does not and cannot:
a. guarantee the completeness, accuracy, correct sequencing or timeliness of the educational, news and financial market information that it obtains from others and makes available to you on its Website;
b. guarantee the suitability or potential value of any information or particular investment source. You agree that Simply Investing will not be liable for any action you take or decision you make in reliance on this information or any other information found on the Website;
c. make any representations or give any warranties, express or implied, as to the accuracy, completeness or suitability of the information and no responsibility or liability is accepted by Simply Investing for any Loss which may flow, directly or indirectly, from any use of any information.
9. The recommendations made and opinions expressed herein by Simply Investing are done in good faith and to the best of its ability.
10. Simply Investing uses reasonable care, consistent with sound industry practice, in providing the Service.
17. EXCLUSION OF LIABILITY AND INDEMNITY
1. To the extent permitted by applicable law, Simply Investing will not be liable for any Losses whatsoever (whether arising out of or based on negligence or whether under contract, delict, strict liability, breach of express or implied warranties, or otherwise) that you sustain. This includes the directors, employees, agents, consultants, or advisers of Simply Investing.
2. If a court or other competent authority rules that liability cannot be excluded, then Simply Investing’s liability to you will be limited to proven direct damages only.
3. You agree to indemnify Simply Investing and hold it harmless against any Losses suffered or incurred by you or instituted against it by any third party as a direct or indirect result of your failure to comply with these terms. Simply Investing includes its directors, employees, agents, consultants, and advisers.
18. CIRCUMSTANCES BEYOND CONTROL
1. Simply Investing will not be held responsible for a failure in performance or breach of these terms caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.
1. If you are not satisfied with the Service provided by Simply Investing, you can write to our compliance officer at the address given under “Contact us” on our Website. Remember to include all supporting documents. You will receive written acknowledgment of the complaint and you will be informed of the contact details of the person who will be dealing with your complaint.
2. If you are not satisfied with the response, or if you have a complaint about the advice given by Simply Investing in respect of a Product, you can write to the Ombud for Financial Service Providers at the following address:
The Ombud for Financial Service Providers
P.O. Box 74571 Lynnwood Ridge 0040
Toll-free: 0860 324 766
20. DISPUTE RESOLUTION
1. Notification. Should a dispute arise between Simply Investing and the Client/Investor, the party rising the dispute, must notify the other party in writing of the nature of the dispute and that they require it to be resolved under this clause. It is agreed that all disputes will be resolved by:
a. negotiation; failing which
b. mediation; failing which
2. Negotiation. Within 3 Business Days of notification, the parties must try resolve the dispute and by signing an agreement resolving it within a further 7 Business Days.
3. Mediation. If negotiation fails, the parties agree to refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).
4. Arbitration. If mediation fails, the parties agree to refer the dispute for resolution by arbitration within seven Business Days by one arbitrator appointed by agreement between them, as an expedited arbitration in Durban in English under the then current rules for expedited arbitration of AFSA. If the parties are unable to agree on any arbitrator within a period of 5 Business Days after the referral, the Secretariat of AFSA will appoint the arbitrator.
5. Periods. The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.
6. Urgent interim relief. This clause will not preclude either party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.
7. Severability. This clause is a separate, divisible agreement from the rest of these terms and conditions.
1. Whole agreement: These terms and conditions constitute the entire agreement between the parties. Neither of party will be bound by any undertakings, representations, warranties, or promises not recorded in these terms and conditions.
2. .No Variation: No change, cancellation of, or addition to these terms and conditions by you will be enforceable, unless reduced to writing and signed by both parties..
3. Waiver: No granting of time or forbearance will be, or be deemed to be, a waiver of the terms and conditions, and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
4. Severability: If any term is found to be invalid, unlawful, or unenforceable, the specific term will be removed from these terms and conditions. The remaining terms and conditions will continue to be valid, lawful and enforceable. If any term is found to be invalid, but it is possible to amend the term to validate it, then the parties agree to negotiate the amendment.
5. .Applicable Law: This Agreement is governed by and construed in accordance with the laws of South Africa. All disputes, actions, and other matters relating to these terms will be settled according to those laws.