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Terms of Use (General, Email & SMS)

By using the Nesher Investments website these Terms of Use apply to you and you agree to comply with the terms of Use. Please read these Terms of Use before using the Nesher Investments website.

Important information

The Nesher Investments Group is one of South Africa’s leading financial services groups and includes Nesher Investments Limited and all its subsidiaries and associated or affiliated companies.

The terms of use set out below apply to this and all other websites owned, operated, or sponsored by any member of the Nesher Investments Group – unless such other website specifically provides otherwise.

By using the Nesher Investments website these Terms of Use apply to you and you agree to comply with the terms of Use. Please check the website regularly for changes to the Terms of Use. The Terms of Use may change from time to time and the terms displayed at the time that you use the website will govern your use of the website. Please address any comments or inaccuracies contained in the website to Nesher Investments Client Relations info@nesherinvest.co.za

  1. Nature of website contents

Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.

Calculations which may be displayed on the website are intended for the convenience of clients, may be 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 Nesher Investments will not be liable for any inaccuracy in the calculation.

Subscribing to any service or buying any product through the website is subject to Nesher Investments contractual terms and conditions, and applicable legislation.

Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Nesher Investments provides a link to a third party website does not necessarily mean that Nesher Investments endorses, authorises, or sponsors that website, or that Nesher Investments is affiliated to such website’s owners or sponsors.

If any third party website, which is not under the direct control of Nesher Investments, can be accessed from a link displayed on the Nesher Investments website, Nesher Investments shall not be responsible or liable for any content displayed on the third-party website.

The content or information displayed on a Nesher Investments website or any third party website which may be accessed through links provided on the Nesher Investments website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Nesher Investments website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.

  1. Visitors from foreign countries

Use of the Nesher Investments website or the purchase of services or products from the country from which you may access the website may be illegal in that country. Your use of the website for any purchase that you may make is entirely at your own risk. It is recommended that you ensure that use of the Nesher Investments website for any purchases made by you are not in violation of the laws of any country by which you may be governed.

Nesher Investments’s services and products may not be available in your country. Contact Nesher Investments or your local financial or legal adviser to find out whether, and if so which of, Nesher Investments’s services and products may be available to you.

  1. Invitation to do business

Unless indicated in writing by Nesher Investments, nothing on the Nesher Investments website shall constitute an offer for sale of any service or product.

The information provided on the Nesher Investments website is not, nor must you regard it as financial or investment advice.

If you wish to use the information displayed on the website to purchase any service or product or procure financial or investment advice from Nesher Investments, your request to do so shall be regarded by Nesher Investments as an offer to do business with Nesher Investments, which may be accepted by Nesher Investments if it chooses.

The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer.

The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Nesher Investments (held Nesher Investments harmless and agree to reimburse Nesher Investments) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.

  1. No warranties

While Nesher Investments will take care to provide accurate information on the Nesher Investments website, the information displayed on the Nesher Investments website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Nesher Investments does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

  1. Restricted use

Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the Nesher Investments website are for your personal and non-commercial use only. You may not –

  • Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website – unless you have Nesher Investments prior written authorisation;
  • Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
  • Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage Nesher Investments image or impair its ability to do business;
  • Use the website in a manner that could damage, disable, overburden, or impair any Nesher Investments server (computer), or network connected to any Nesher Investments server, or interfere with any other party’s use of the Nesher Investments website;
  • Interfere with any content displayed on the Nesher Investments website or attempt or gain unauthorised access (without Nesher Investments written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a Nesher Investments server or any other part of the Nesher Investments information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Nesher Investments website or to gain access to information or any part of the Nesher Investments information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
  • Create a link from another website to the Nesher Investments website, or any of the web pages which constitute the Nesher Investments website, without Nesher Investments prior written consent;
  • Frame the website or any of its pages without Nesher Investments prior written consent.
  1. Electronic transactions, communications, and records

When you communicate with Nesher Investments by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by Nesher Investments. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Nesher Investments satisfy any legal requirement that such communications should be in writing.

You accept the risks inherent in electronic communication in whatever form.

You consent to Nesher Investments acting on the information communicated to Nesher Investments electronically. You are responsible to ensure that Nesher Investments has received the information communicated electronically.

You acknowledge and consent that Nesher Investments, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Nesher 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 Nesher Investments.

  1. User ID and password

If you subscribe to a service or product provided on the Nesher Investments website you may be required to choose a user id (an identifying name) and a password. You are entirely responsible for –

  • Maintaining the confidentiality of your password (you must not give the password to anyone else);
  • All activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge;
  • Notifying Nesher Investments immediately of any unauthorised use (use that you did not consent to) of your user id and/or password or any other breach of security that you know of;
  • For losses suffered by Nesher Investments or a third party due to someone other than you using your user id and/or password.
  1. Mobile access and use

You may access the Nesher Investments website using a mobile device (including a mobile telephone).

The Terms of Use apply with equal force and effect regardless of the manner of your access and browsing of the Nesher Investments website.

The Nesher Investments website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Nesher Investments is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Nesher Investments website.

While the use of the Nesher Investments website is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Nesher Investments website.

Nesher Investments is also not responsible for the communication of any person or confidential information between you and the Nesher Investments website or any electronic communications mechanisms facilitated by the Nesher Investments website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Nesher Investments website.

The functionality and use of your mobile device is outside of the control of Nesher Investments and Nesher Investments will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.

  1. Secure payment system

If any payments are to be made by you to Nesher Investments you will be required to use a payment system authorised (consented to in writing) by Nesher Investments. Nesher Investments shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically. Nesher Investments accepts liability for any damages that may be suffered to you due to a failure in a payment system authorised by Nesher Investments.

  1. Privacy policy

Your privacy is important to Nesher Investments. Personal information transmitted to Nesher Investments will be treated in accordance with Nesher Investments Privacy Policy.

  1. No liability

Nesher Investments will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the Nesher Investments website by you.

Except as provided in 7, Nesher Investments will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.

  1. Warranties provided by you

For all purposes, and in particular for purposes of 6 above, you warrant (confirm) –

  • Your identity (that is, you are who you say you are), and that you can prove your identity should Nesher Investments require you to do so;
  • That all information you provide at any time to Nesher Investments using the Nesher Investments website, in writing, or to Nesher Investments Call Centre staff, will in all respects be current, complete, and accurate;
  • That you will provide to Nesher Investments all material and relevant facts required by Nesher Investments as may be appropriate to any dealings you have with Nesher Investments. If you do not provide the information, or provide information that is incorrect, Nesher Investments may, at its choice, cancel the agreement or transaction arising from your dealings with Nesher Investments.
  1. Intellectual property rights

The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Nesher Investments.

As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Nesher Investments or the licensor’s prior written consent.

The image used on all banner visuals as part of the Budget speech campaign is governed under theCreative Commons Licence (Attribution 3.0 unported) and has not been modified.

  1. Breach

Nesher Investments reserves the right to –

  • Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Nesher Investments is unable to verify or authenticate any information you provide to it;
  • or (c) Nesher Investments believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Nesher Investments in disrepute;
  • Refer any breach to the police if such breach constitutes a crime;
  • Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
  1. Indemnity

You agree to indemnify and hold harmless Nesher Investments, any member of the Nesher Investments Group and its respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.

  1. Jurisdiction and applicable law

Your use of the Nesher Investments website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).

Any claim arising from –

  • The use or inability to use the website;
  • An application for, and the rendering of a service or providing of a product;
  • is subject to the laws of the Republic of South Africa – in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.

All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.

  1. Nesher Investments Consent

To obtain Nesher Investments consent as provided for in these Terms of Use, please address the request to webmaster@nesherinvest.co.za

Email Terms of Use

The content of an email – which may include one or more attachments – is strictly confidential, and is intended solely for the use of the named recipient(s). If you’ve received this email in error, you’re not permitted to disclose, distribute or retain it – you’re requested to notify the sender immediately by return email and then delete it.

Email isn’t necessarily secure or error-free; information could arrive late or contain viruses, or be incomplete, intercepted, corrupted, lost, or destroyed. It’s the responsibility of the named recipient(s) to ensure that emails are virus-free. Nesher Investments does not accept any liability for damage caused by any virus or other malware transmitted by this email.

No employee, contractor, or intermediary is authorised to conclude an agreement on behalf of any member of the Nesher Investments group by email, without express written confirmation by a duly authorised representative of that member.

The use or content of email is intended for the Nesher Investments group’s business. If it’s used for any other purpose, the views expressed are those of the sender and no liability will attach to any member of the Nesher Investments group.

The Nesher Investments group reserves the right to monitor, access, intercept or block emails addressed to all Nesher Investments group addressees, in accordance with our email policy, as it applies from time to time.

SMS Terms of Use

Important notes

Please note the terms of use set out below. They are binding for all SMS’s.

Please check this web page regularly for changes. The terms of use may change from time to time and without notice. The changed terms are also binding.

Please address disputes and complaints arising from the use of SMS’s to the Nesher Investments Client Protection & Compliance department at complianceofficer@nesherinvest.co.za.co.za

Please read the Terms of use carefully before using any of our other web pages.

  1. Copyright

Copyright 2016 © Nesher Investments (“Nesher Investments”), Boksburg, South Africa. Nesher Investments owns this web page and its content. All rights not expressly granted are reserved.

  1. Privacy policy

Your privacy is important to us.

Always ensure that we have your latest cell phone number, and alert us immediately if your cell phone has been lost or stolen.

Personal information sent to us will be treated in accordance with our Privacy policy.

  1. Disclaimer

Nesher Investments will in no event be responsible for any direct, indirect, special or consequential loss or expense that may be attributable, directly or indirectly, to the use of SMS’s.

Nesher Investments won’t be responsible for any interruption, delayed or failed transmission, loss of data, storage or delivery of information resulting from any cause.

All the information sent by us via SMS is provided without any representation or warranty whatsoever, whether express or implied. In particular, Nesher Investments makes no representation or warranties about the correctness of any information contained, the suitability of any products or services mentioned or the soundness of any general advice offered in a SMS.

In the event of SMS’s sent by Multi-Data on behalf of its client(s), Multi-Data/Nesher Investments Life accepts no obligation to verify the correctness of any information received from the clients and contained in such SMS’s, and disclaims liability for any errors.

  1. Applicable law

The use of, and information appearing in SMS’s is governed and interpreted in accordance with the laws of the Republic of South Africa.

  1. Intellectual property rights

Nothing on any SMS should be construed as granting (by implication, estoppel, or otherwise) any license or right to use any intellectual property rights envisaged in the previous paragraph without our written permission. You may not use the name of Nesher Investments or our logo in any way without our prior written permission.

  1. Breach

Nesher Investments reserves the right to refuse to provide any SMS service if: (a) you breach any of these terms of use; (b) we’re unable to verify or authenticate any information you provide to us; or (c) we believe that you’re conducting activities that are illegal or abusive, or put Nesher Investments in disrepute.

  1. Indemnity

You agree to indemnify and hold harmless any member of the Nesher Investments group – and our respective directors, officers, employees, agents, licensors, suppliers and any third party information providers – from and against all losses and expenses (including attorney and own client costs), resulting from you violating any of these terms of use.

Secure Services

  1. General

1.1. Nesher Investments Secure Services, hereafter also referred to as “the service” is a free service provided by Nesher Investments that, after successful registration, allows you access to your product portfolio, tax certificates, statements and other services as well as transacting, where relevant, for participating Nesher Investments businesses.

1.2. Participating Nesher Investments businesses include:

  • 2.1. Nesher Investments Private Wealth,
  • 2.2. Glacier,
  • 2.3. Nesher Investments Collective Investments,
  • 2.4. Nesher Investments Individual Life,
  • 2.5. Nesher Investments Reality,
  • 2.6. Nesher Investments Employee Benefits.

1.3. The service can be accessed from www.NesherInvestments.co.za .

1.4. After authentication, and for your convenience, we may allow access to other secure Nesher Investments sites without requiring you to log on again.

1.5. Please make sure that you understand these Terms and Conditions as they constitute a binding agreement between you and Nesher Investments.

1.6. Terms and Conditions are also referred to as T&Cs or Terms of Use.

  1. This agreement

2.1. applies to users of Nesher Investments Secure Services,

2.2. applies along with any other T&Cs that govern your products and services with Nesher Investments,

2.3. becomes effective when you access the service for the first time,

2.4. constitutes a binding agreement between you and Nesher Investments.

  1. How does Nesher Investments make T&Cs available to you?

3.1. T&Cs for Secure Services are available on our website and as links on individual pages.

3.2. Nesher Investments may amend these terms from time to time. Should this happen, you will be required to accept the amended T&Cs before continuing use of the service.

3.3. You cannot use the system without accepting the latest T&Cs.

  1. Legal Entities

4.1. For the purposes of this agreement Nesher Investments is defined as Nesher Investments Life Insurance Limited as well as some of its subscribing or participating subsidiaries, business units and service providers as the case may be.

  1. Registration to use the service

5.1. In order to register, you need to own a product or service available from one of the participating Nesher Investments businesses.

5.2. Valid users include individuals acting on their own behalf, proxies (individuals acting on behalf of other individuals) and authorised representatives (individuals acting on behalf of non-natural entities).

5.3. You may not use false information or impersonate any person or entity during the process.

5.4. You agree that Nesher Investments may verify your cell phone number and/ or email address used during registration, with your service provider.

  1. Requirements to access the service

6.1. To access the service, you need a computer, cellular phone or other device (e.g. an iPad or Tablet) with internet connectivity.

6.2. You need to have a cellphone number and email address.

6.3. You are responsible for buying, installing and maintaining your connection to the internet and must pay all related costs and fees.

6.4. If you access the service via a cell phone you need access to a cell phone and a SIM card.

6.5. You are responsible to buy your own cell phone and SIM card and register with a cellular service provider.

6.6. You are responsible to keep your devices safe by updating to the latest versions of operating and security software and by running reputable antivirus software.

6.7. You are not allowed to intentionally disable the security mechanisms on any computer, cell phone or other device used to access the service, with the aim to install unauthorised software, modify system or data files or preferences, or to bypass specific security features.

  1. How does the service work?

By accessing this service, you consent to the following:

7.1. In order to deliver the service, Nesher Investments uses information you provide to identify your products and deliver a combined portfolio view across various Nesher Investments business – the list of which can change from time to time.

7.2. As you purchase additional products or services your portfolio summary automatically expands to include these.

7.3. Nesher Investments uses your information and online activity to continously develop and improve the service.

7.4. Once you have successfully logged in, and depending on the products in your portfolio, you may be allowed to access other relevant Nesher Investments sites without logging in again.

7.5. The system makes use of cookies in order to provide the service. Cookies are text files containing small amounts of information, which your computer or mobile device downloads when you visit the website. Cookies help us to understand how the website is used, let you navigate between pages and generally improve your browsing experience.

7.6. To improve security, and depending on the functionality available to you, you may be required to enter a ‘One Time Pin’ (OTP) from time to time.

  1. Transacting

8.1. You authorise Nesher Investments to execute any transactions or instructions initiated through this service.

8.2. The normal transaction rules and requirements apply for instructions initiated through this service. Should you be required to provide additional documentation, Nesher Investments will contact you directly.

8.3. Although the service is deemed to be available 24/7, the normal daily transaction cut-off times and rules apply.

8.4. Due to time delays and other pending transactions, product information presented may be be different on the administration platform when the instruction is received by Nesher Investments. If required, you will be contacted to provide an alternative.

  1. Allowing a person to act on your behalf

9.1. You can allow another person to act on your behalf by completing the required registration process.

9.2. Nesher Investments will act on all instructions received from this person as if it was from yourself.

9.3. This authorisation only applies to this service and does not apply when you engage with Nesher Investments through other servicing channels.

  1. Availability

10.1. The service is available seven days a week, 24 hours a day. It may however be unavailable from time to time due to routine maintenance, emergency repairs or circumstances beyond our control, e.g. electricity blackouts or telecommunications network problems.

10.2. Product information presented on this channel may be delayed. You can always confirm the most recent product information by contacting Nesher Investments’s Client Contact Centre.

  1. Privacy

11.1. You consent and give Nesher Investments permission to process, which includes to collect and use, personal information and browsing history for internal purposes with the aim to provide and improve the service, keep a list of registered users and keep record of actions executed.

11.2. Nesher Investments will not share your personal information with any third party without your consent unless ordered by a court of law to do so.

11.3. You agree to allow Nesher Investments to store cookies on your device.

11.4. Please also refer to Nesher Investments’s privacy policy and privacy statement available on www.Nesher Investments.co.za.

  1. For your protection and security

12.1. Since we deal in a non face-to-face environment, you must enter the correct credentials, for example username and password, every time you access the service.

  1. Protect your credentials

13.1. You must take all reasonable precautions to prevent unauthorised persons to access the service using your credentials.

13.2. Never show or give your credentials to another person, including employees of Nesher Investments.

13.3. Nesher Investments will never ask you to click on a link to confirm your credentials or personal information.

13.4. Nesher Investments will never ask to provide or confirm your credentials via an e-mail, SMS or instant message.

13.5. If you suspect that someone else knows your username or password, please change it immediately or contact the Client Contact Center to lock your account.

13.6. It is good practice to change your credentials from time to time, even if you do not suspect that someone else may have gained unlawful access thereto.

13.7. If you want to disable your account, please phone our Client Contact Centre. The details are available on the website.

  1. Protecting yourself

14.1. Information sent over unsecured networks or communication systems, can be unlawfully monitored, intercepted or accessed. Although Nesher Investments takes all reasonable steps to prevent this, the risk remains with you.

14.2. Please read and take note of the security tips and information available on the website from time to time.

14.3. It is recommended that you do not use public computers such as internet cafes but if you do, take special care as your credentials could be compromised.

  1. Restricted Use

15.1. The service is the property of Nesher Investments.

15.2. You are not allowed at all to reverse engineer, decompile, disassemble or attempt to modify any part of the service.

15.3. You may not post or upload any content that is of an unacceptable, unethical or unlawful nature (e.g. content that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane) or content that could even potentially damage Nesher Investments image or reputation or impair its ability to do business. For this purpose Nesher Investments will be entitled to monitor such content.

  1. No Liability

16.1. Although we take reasonable care to prevent harm or loss to you, Nesher Investments will not be liable for any loss or damage you may suffer arising from your ability or inability to use the Service. This will not apply where the loss arises due to Nesher Investments negligence or intent.

16.2. In addition to the above Nesher Investments is not liable for:

  • 2.1. Loss due to unauthorised interception or monitoring,
  • 2.2. Loss or damage if you did not take reasonable steps to safeguard your credentials.
  1. Termination of service

17.1. We may end this service at any time or end your right to use the service after giving you reasonable notice.

17.2. We may also end your right to use this service immediately and without notice if:

  • 2.1. You commit fraud or are suspected to do so,
  • 2.2. If we believe your use of the service was inappropriate, including uploading content as envisaged in 15.3,
  • 2.3. If the law requires us to do so.

17.3. You may deactivate your account at any time by contacting our Client Contact Centre.

  1. Intellectual property rights

18.1. The service and all its contents, including web pages, software, text, graphics, icons, hyperlinks, private information and designs, are owned or licensed by Nesher Investments.

18.2. As the intellectual property rights, referred to immediately above, are protected against infringement by local and international legislation and treaties, it may not be used in any way without Nesher Investments or the licensor’s prior written consent.

18.3. To obtain Nesher Investments consent, please address the request to webmaster@nesherinvest.co.za

  1. Jurisdiction and applicable law

19.1. Your use of this service will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).

19.2. Any claim arising from :

  • The use or inability to use the website,
  • An application for, and the rendering of a service or providing of a product,

is subject to the laws of the Republic of South Africa – in respect of both the basis of the claim [contract, delict (tort), or any other] and the law relating to procedure and evidence.

19.3. All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.

  1. General Provisions

20.1. No failure or delay by Nesher Investments to exercise any of its rights will be construed as a waiver of any such right.

20.2. If any of these Terms and Conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining Terms and Conditions which will continue to be valid to the full extent permitted.