Legal notices

We advise you to read the legal and regulatory issues in relation to the content published on Nedbank Private Wealth’s website, our digital channels and online wealth service.

It is important that you read the following before proceeding as it explains certain legal and regulatory issues and other matters which you should be aware of when reviewing the content of this website. References in this website to Nedbank Private Wealth are to Nedbank Private Wealth Limited.

1. When using this website and viewing its contents you agree and warrant that you do so in accordance with, and not in contravention of, the laws of the jurisdiction in which you are resident, domiciled or located. Nedbank Private Wealth accepts no liability arising from your use or access of this website which is in contravention of the laws of the jurisdiction in which you are resident, domiciled or located.

2. You may have access to our website. When accessing any such website you will be subject to the terms of use, and liability exclusions published, from time to time. By using our website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our website.

3. By accessing the website, you confirm that you are an individual of at least 18 years of age or, if under 18, that you are accessing the website with full parental/guardian consent. In making use of the website, you agree to abide by any and all of these following terms and conditions governing use of the website. In these terms, “we”, “our” and “us” means Nedbank Private Wealth Limited and “you” and “your” means any natural or legal person using the website, and each entity on whose behalf the user acts.

4. We may at any time unpublish the website, or restrict access to it, without prejudice to any other accrued rights. We aim to update our website regularly, and may change the content at any time. The contents are published in good faith, but no advice, representation or warranty, express or implied, is made by Nedbank Private Wealth, or by any person, as to its adequacy, accuracy, completeness, reasonableness or that it is fit for your particular purpose. It should not be relied on as such. The information does not purport to be complete and is subject to change. You acknowledge that certain information published has been supplied by third parties, and may be incorrect or incomplete. As such information is provided on an “as is” basis. If the need arises, we may suspend access to our website or close it indefinitely. Any of the information on our website may be out of date at any given time, although we take all reasonable steps to keep the information up-to-date as soon as is practicable.

5. This website is accessible worldwide. We cannot, therefore, guarantee that the website or the information contained within it complies with or is appropriate for use in all jurisdictions. The information has not been, and will not be submitted to become approved, or verified by, or registered with, any relevant government authorities under the local laws. Users located or resident in any jurisdiction where (by reason of that person’s nationality, domicile, residence or otherwise) this information is prohibited or contrary to local law or regulation, or would subject any Nedbank Private Wealth entity to any registration or licensing requirements in such jurisdiction.

You are responsible for informing yourself about, and complying with such restrictions, and obtaining all relevant regulatory approvals, licenses, verifications and/or registrations under, and to observe all applicable laws and regulations of any relevant jurisdiction in connection with your access. If you are not aware of this information for the jurisdiction where you reside, we strongly recommend that you contact your legal adviser in this regard.

The products and services on our website are directed solely at those resident in, and who can access them from, jurisdictions in which the display of this information is lawful.

Not all products and services detailed on this website are available in all jurisdictions, and not all products and services detailed are offered by Nedbank Private Wealth or its affiliates. Legislation or regulations in your home jurisdiction may prohibit you from entering into certain transactions with us or becoming a client. We reserve the right to make the final determination on whether you are eligible for particular products and services, or to become a client.

6. The purpose of the website is to give information about our products and services, and how we aim to help clients. The information contained on the website is not intended to and does not constitute any offer by us to sell, neither is it intended to be an invitation or solicitation to buy, any product or service and must not be relied upon in connection with any investment or other decision. Any application form, agreement or other document for or relating to any service or product which can be downloaded from the website does not constitute any offer by us to provide the service or product to which it relates. Nedbank Private Wealth will not be bound by any communication from you. Nothing contained on the site constitutes business, financial, investment, trading, tax, legal, regulatory, accounting or any other advice, and is not to be relied on in making a financial and/or investments decision.

7. You agree to abide by all applicable laws, regulations and codes (including self regulatory), and you agree to be solely responsible for all things arising from your use of the website.

8. You agree not to:

• modify, access or make available data stored on a computer or device, which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this, or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
• damage, interfere with or disrupt access to the website or do anything which may interrupt or impair its functionality;
• save as authorised in the terms or, as agreed in writing between you and us, make any commercial or business use of the website or resell or commercially benefit from any part or aspect of the website.

We retain the absolute right to disconnect you from the website, without prejudice to any of our accrued rights, where we in our sole discretion consider you are contravening the terms of use.

9. You agree that we have no control over third party content and information, which can be accessed via the website, and that we do not examine or edit the use to which you or others put the website, or the nature of the content or information being accessed, and that we are excluded from all liability of any kind arising from such content or information.

10. Neither we, nor any of our directors, employees or representatives shall be liable for any damages arising out of, or in connection with, the use of the website. This limitation of liability applies to all damages of any kind, including, but not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.

11. We will not be held responsible for the security of the website, for any disruption to the website (however caused) or for any loss or corruption of material when downloaded from the website onto any computer system. In particular, although we seek to ensure that any information specifically relating to you and your account which may be accessed by you is incapable of being accessed by any third party, we cannot be held responsible if third parties hack into such information or it otherwise becomes available to third parties. We do not warrant that your use of the website or material downloaded from it will not cause computer virus infection or other damage to property.

12. Except as expressly provided for below, you agree to indemnify and hold us, and any of our officers, employees and agents harmless from and against all and any losses, liabilities, damages, costs or expenses of any character incurred or suffered, and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the website and/or any breach of these terms of use.

13. The copyright in the content of this website is owned by or licensed to us and other intellectual property rights in and relating to the website are owned by us. No part of the content of this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except that you may print or download the visible text of an individual page for private and personal non-commercial use only. You may not reproduce any other part of the website (including without limitation the structure, overall style and program code).

14. No third party is permitted to link any other website to this site without obtaining our prior written consent.

15. The website may also contain links to other websites which are not under our control and are not maintained by us. We are not to be held responsible or be liable in any way for such websites, and cannot vouch for their suitability or accuracy of their content. We provide these links for your information and convenience only, and do not monitor or endorse the material on such other websites and you access them at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with linking to websites.

16. We may at any time unpublish the website, or restrict your access to it, refuse to correspond with you, and/or remove your details from our database without prejudice to any other accrued rights.

17. We will not be held liable for the accuracy of information on the website and shall have the right, at all times and without the accountholder’s prior consent, to make any necessary adjustments to an accountholder’s account in respect of debits, credits, interest rates and value dates necessary to adjust any error or omission.

18. Internet communications are not secure unless the data being sent is encrypted. Please remember that email is not a completely secure means of communication: it is possible for others to intercept and to read your messages. Therefore, should you choose to send us information via email, it is at your own risk. We do not accept instructions given via email, unless you have completed the appropriate mandate.

19. We cannot take any responsibility for the unauthorised access by a third party and/or the corruption of data being sent by individuals to the offices of Nedbank Private Wealth.

20. Should your list of previous successful logins be unfamiliar, you should contact us immediately.

21. If you have internet access to view your account on-line, this details all your account transaction history and can be printed from your computer. You may therefore not receive credit advices, deposit confirmations or bank statements. Should you wish a statement to be sent to you, your account will be debited £5 per sheet.

22. If you have internet access to view your account online, please note that the prices shown for the portfolio holdings are not updated during the trading day and could be historic, depending on the pricing frequency of the individual holding and its availability to us.

23. We reserve the right to amend these terms of use. You will be bound by changes through your continued use of the website.

24. We may assign to any person all or any of our rights under these terms.

25. Our failure to exercise or enforce any of our rights in connection with these terms shall not constitute a waiver of any such rights, unless acknowledged and agreed to by us to you in writing.

26. These terms shall be construed in accordance with the laws of the Isle of Man, Jersey and England, as appropriate. We and you irrevocably agree that the courts of the Isle of Man, Jersey and England, as appropriate, are to have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms of use. If any provision of these terms is held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.

27. Nedbank Private Wealth Limited’s VAT No. is 301 3323 70.

28. The price, value of, or income from, your investments can fall, as well as rise, and you may not get back all of the original amount you invested. Exchange rate changes affect the value of investments. Past performance is not necessarily a guide to future performance.

Any individual investment or security mentioned here may not be suitable, and is mentioned for information only and is not a recommendation. You should always seek professional advice before making any financial or investment decision.

The inclusion of the name and/ore details of any investment structure and wrapper is for information only and should not be taken as advice or a recommendation. You should seek the necessary advice, specific to your circumstances, before making any financial decision.

Please note that overseas financial products are not subject to the UK’s Sustainability Disclosure Requirements (SDR) regime. Overseas funds do not adhere to the SDR’s labelling and disclosure standards set forth by the Financial Conduct Authority (FCA). For more information on the SDR regime and its requirements, please visit the FCA website
(https://www.fca.org.uk/consumers/sustainable-investment-labels-greenwashing).

Before participating in the foreign exchange market, you should carefully consider your financial objectives, level of experience and risk appetite, and have taken appropriate advice. Any information provided by the treasury team does not constitute advice. Spot currency trading can result in significant potential rewards, but also significant potential risks. The past performance of currency movement is not necessarily indicative of any future market direction.

Your home is at risk if you do not keep up repayments on a mortgage or another loan secured on it. We reserve the right to amend the terms of any borrowing set against investment portfolios, which may be subject to change based on the fluctuating value of the investments.

29. Your name, email address and other personal details will be processed in accordance with Nedbank Private Wealth’s privacy policy for your specific country, which you can access here.

30. Nedbank Private Wealth is a registered trade name of Nedbank Private Wealth Limited.

The parent of Nedbank Private Wealth Limited is Nedbank Group Limited, which is incorporated in South Africa and is regulated by the South African Reserve Bank. The latest audited report and accounts, and details of the credit rating are available at　 https://nedbankprivatewealth.com/get-to-know-us

Nedbank Private Wealth Limited is licensed by the Isle of Man Financial Services Authority. Registered office: St Mary’s Court, 20 Hill Street, Douglas, Isle of Man.

The Jersey branch is regulated by the Jersey Financial Services Commission.

The London branch is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registration No: 313189.

The United Arab Emirates (UAE) representative office in Dubai is licensed by the Central Bank of UAE.

Representation in South Africa is through Nedbank Limited. Registered in South Africa with Registration No 1951/000009/06, an authorised financial services and registered credit provider (NCRCP16).

Nedbank Private Wealth Limited is a participant in the Isle of Man Depositors’ Compensation Scheme as set out in the Compensation of Depositors Regulations 2010. For full details, please see www.iomfsa.im . Copies of the Bank’s audited accounts are available on request.

The Jersey branch of Nedbank Private Wealth Limited is a participant in the Jersey Banking Depositors Compensation Scheme. The scheme offers protection for eligible deposits of up to £50,000. The maximum total amount of compensation is capped at £100,000,000 in any 5 year period. Full details of the scheme, and banking groups covered, are available on www.gov.je/dcs or on request.

Your eligible deposits with Nedbank Private Wealth Limited, London branch are protected up to a total of £85,000 by the Financial Services Compensation Scheme, the UK’s deposit guarantee scheme. Any deposits you hold above the £85,000 limit are unlikely to be covered. Please ask for further information or visit www.fscs.org.uk .