Website Terms and Conditions
Thank you for visiting www.privateclient.co.za (the “website”). Please note that it is very important that you read and understand these general terms and conditions under which you’ll use the website (“terms & conditions”).
You acknowledge and agree that access to this website, or any electronic communication, is provided only in accordance with these terms and conditions. By using the website, or any electronic communication, you indicate that you have read these terms and conditions and that you accept that these terms and conditions are binding on you and that you agree to abide by these terms and conditions. If you do not agree to these terms and conditions, please do not make use of this website, nor communicate electronically with PCH.
Private Client Holdings (Pty) Ltd is an authorised Financial Services Provider (FSP 613) with its registered office at 46 Main Road, Claremont, Cape Town, 7708, South Africa.
Private Client Holdings (Pty) Ltd, its subsidiaries and affiliates shall herein after be referred to as (“Private Client Holdings” or “us” or “we”).
Disclaimer (Website and Electronic Communication)
Information contained on this website, or in electronic communication should not be construed or relied upon as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002, nor should users regard anything contained in this website, or in electronic communication, as an offer to contract.
Your attention is specifically drawn to the limitations of liability and exclusions of warranties provided for in these terms and conditions.
This website, or electronic communication, is intended only to provide information on the services that we offer. While effort is made to ensure that information contained on this website, or in electronic communication, is accurate and up to date, such information is not intended to be relied upon in isolation and we strongly advise that you consult with us before taking any specific action. We do not guarantee the accuracy, validity, timeliness, completeness or suitability of any information or data made available to you through this website or electronic communication.
The information contained on this website, or in electronic communication, is compiled for the convenience of website visitors or email recipient, and is accepted by the website visitor, or email recipient, on the condition that errors or omissions shall not be made the basis for any claim, demand or cause of action. We will use reasonable endeavours to update the information contained on this website, but we are under no obligation to update the content of this website or in electronic communication.
Promotion of Access to Information Act
The Promotion of Access to Information Act, no. 2 of 2000 (the “Act”) gives persons the right of access to information that is required for the exercise or protection of any rights. In order for access to information to be granted, certain requirements have to be met. The Act also requires private bodies such as Private Client Holdings to compile a manual, designed to assist people who want to exercise their right to access to information.
This manual, as well as the prescribed request form and fees payable should you wish to exercise your right of access to information, is available here on our website.
We will however disclose information when required to do so (1) by any regulatory authority (such as the Financial Services Board) and the regulators they appoint for the various financial sectors; (2) by any stock exchange and its related clearing house; (3) to comply with any regulation passed under the relevant legislation, or any legal process; (4) to protect and defend Private Client Holdings’ rights and property (including Private Client Holdings’ intellectual property).
Our website may make use of electronic cookie and web analytics tools to optimise page loading speeds, record website visitor preferences, monitor the success of advertising campaigns and enhance our website’s overall usability. Where you submit personal information to us via our website, or electronic communication, we may store and use such information for the purposes that you provided it. We will take reasonable measures to delete personal information that has become obsolete. Over the period that your personal information is being used and for a period of at least one year thereafter, or such longer period as we may be required or entitled in terms of any law, we will keep a record of your personal information and the purpose for which it is stored.
Your personal information will not be sold, divulged or made available to any third party except as mentioned in this policy and unless required or permitted by law.
All content, trademarks and data on this website or electronic communication, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are either the property of or licensed to Private Client Holdings and are protected from infringement by domestic and international legislation and treaties. Subject to the rights expressly conferred herein, all other rights to all intellectual property on this site are expressly reserved.
Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party is held by us and we assert and reserve all of our rights in this regard. No party has any right to use any copyright material, intellectual property, trademarks, logos or design information without the written permission of Private Client Holdings.
The intellectual property, logos, trademarks and designs of Private Client Holdings may not be used in any way including but not limited to copying, reproduction, transmission, distribution, dissemination, sale, publication, broadcast advertising or exploitation, without the prior written permission of Private Client Holdings.
Commercial use or other non-personal use may, at our discretion, be permitted upon request. A request for permission can be submitted by emailing firstname.lastname@example.org.
Linking, Framing and Advertising
Any third party site may link to our web site provided that such a link is directed at the home page only, unless with our prior written consent. We may provide links to other websites as a convenience and the inclusion of any link does not imply our endorsement of such sites, nor should the advertisement of any third party products or services on our website be construed as a recommendation or endorsement of the products or services so advertised.
We shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any advertisement displayed on our website.
It is expressly prohibited for any person, business, entity, or website to frame any page on our website, including the home page, in any way whatsoever, without our prior written approval.
Apart from bona fide search engine operators and use of any search facility provided on our website, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from our website for any purpose whatsoever, without our prior written consent.
The use of non-malicious search technology, such as web crawlers and web spiders, to search and gain information from this website is not permitted if such technology will result in (1) slowing this website’s server or (2) copyright infringement of any data or information available from this website. Data and information may only be used as provided for in these terms and conditions.
No permission is given or should be implied that information on our website may be used to communicate unsolicited marketing communications. Email addresses, names, contact telephone numbers and fax numbers published on our website may not be incorporated into any database used for electronic marketing or similar purposes.
We retain an absolute and unfettered discretion to make this website accessible or legible in particular web browsers only and, without limiting our discretion in any way, we do not guarantee accessibility or legibility on any particular mobile phone or tablet browser.
Where you choose to communicate with us by means of any communication channel accessible via our website, or electronic communication including email, form submission, IP telephony or instant messaging, you agree, subject to the provisions of the any applicable law, to our right to monitor, intercept, block, filter, read, store and delete all such communications as we see fit or in terms of any law.
We do not recommend that sensitive or confidential information be submitted to us via such channels and we do not warrant that all information communicated to or from us via our website or electronic communication, or online channels shall be encrypted and free from risk of interception.
Registered private clients may be given permission to view access-controlled pages on our website. Access to all such pages and the information contained thereon shall be granted at the sole and absolute discretion of Private Client Holdings, and access may be revoked at any time without reason or notice. No person who has been granted access to such pages may publish or share the content contained thereon with any other person or in any other medium without our express written consent.
Any person who wishes to have access to such pages agrees to the issue and transmission of a username and password by email, assumes all risks associated therewith, including the risk of interception of communications, and agrees to retain such information in a confidential and secure manner and not to permit or enable any other person, whether by action or omission, to use their username or password to view access controlled information on the Private Client Holdings website. Where passwords may be changed or reset by users themselves, users are required to reset their own passwords immediately on receipt of their first password from Private Client Holdings.
Where you have any reason to suspect that the confidentiality of your username or password has become compromised or that such information has been obtained by, or become accessible to, any other person, you are required to notify us immediately.
Exclusion of Warranties and Limitation of Liability
Our entire website, including text, images, links, downloads and coding, is provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties of fitness for purpose of either the website or any of the information contained in it.
We make no warranties or representations regarding the effectiveness of any website or electronic communication information security or encryption facilities or the website’s suitability for any particular purpose. We do not warrant that the functions provided by this website will be uninterrupted or error free, or that the website or the server which makes it available are free from viruses or other harmful components.
It is your responsibility to ensure that your computers and information systems are adequately protected against computer viruses, spyware, Trojan horses and other forms of malicious software or code. We and our affiliates, shareholders, agents, consultants or employees will not be liable for any damages, losses or harm, including but not limited to direct, indirect, special, incidental consequential loss or loss of profits that you or anyone else may sustain as a result of using this website or as a result of relying on any information contained on this website.
Without detracting from the generality of the above exclusions and limitations of liability, you expressly acknowledge and agree we will not be liable for:
Any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components;
Any loss or damage arising from your orders, investment decisions, purchases or disposal of goods and services, including financial instrument(s) or currency, from third parties, based on the information provided on this website or electronic communication;
Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems, programming defects or negligence on our part;
Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (such as Telkom), internet service providers, electricity suppliers (such as Eskom), local authorities and certification authorities; and/or
Any event over which we have no direct control.
For the avoidance of doubt, these terms and conditions do not affect your statutory rights, including any rights under applicable consumer and financial services laws, which cannot be altered by contract.
Prosecution for Breach
We reserve our right to take all appropriate actions against any person breaching these terms and conditions. Furthermore, we will pursue both criminal prosecution of and civil compensation from any person who delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorised access to any page on this website.
You agree to indemnify and hold us harmless against any and all liabilities, including legal costs that we may sustain as a result of your breach of any of these terms and conditions or any negligent act or omission by you.
General Legal Terms
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa. In the interpretation of these terms and conditions, reference to any person shall be deemed to include both natural and juristic persons and the use of the singular shall include the plural and vice versa.
If any provision of these terms and conditions is found to be unenforceable or invalid, such term or condition shall be severable from the remaining terms and conditions which shall remain enforceable and applicable.
You consent to the jurisdiction of the Magistrate’s Court in respect of any dispute flowing from the use of this website or electronic communication. Your consent shall not operate to limit our right to institute action in any court of competent jurisdiction including in the case of urgent or injunctive relief.
Our failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These terms and conditions contain the record of the entire agreement between Private Client Holdings and you regarding our website or electronic communication.
These website and electronic communication terms and conditions may be revised and updated by us from time to time. Continued use of this site means that you accept those revisions and updates. No variation of or modification to these terms and conditions shall be of any force and effect unless posted to this website by Private Client Holdings or unless agreed to in writing by both you and us.
Identity of Website Owner and Contact Information
Private Client Holdings (Pty) Ltd
Grant Alexander, Andrew Ratcliffe
Tel: +27 (0)21 671 1220
Fax: +27 (0)21 671 1149
46 Main Road
PO Box 24033
Registered address: 46 Main Road, Claremont, 7708, South Africa
(This is the address at which any legal papers should be served.)
These website terms and conditions were last revised on 05 September 2018.