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TERMS OF USE

TERMS OF USE


We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

If you continue to use our website after any changes, this means you agree to be bound by the modified Terms of Website Use.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE


What's in these terms?

These terms tell you the rules for using our website www.omi-int.com.

Click on the links below to go straight to more information on each area:


Who we are and how to contact us

This website is operated by Old Mutual International. Our registered office is 5A Village Walk, Onchan, Isle of Man, IM3 4EA, British Isles.

To contact us, please email ominternational@omwealth.co.za.


By using our website you accept these terms

By using our website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our website.

We recommend that you print a copy of these terms for future reference.


There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our website:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our website. When using our website, you must comply with this Acceptable Use Policy.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

If you continue to use our website after any changes, this means you agree to be bound by the modified Terms of Website Use.


We may make changes to our website

We may update and change our website from time to time to reflect changes to our products, our users' needs, regulatory requirements and our business priorities.


We may suspend or withdraw our website

Our website is made available free of charge.

Access to our website is permitted on a temporary basis. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


Our website is only for users who are South African residents

Our site is directed to South African residents. We do not represent that content available on or through our website is appropriate for use or available in other locations.


Access to our website and keeping your account details safe

You are responsible for making all arrangements necessary for you to have access to our website.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ask@ominternational.com or 0808 171 2626.


How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

All trademarks appearing on our website are Old Mutual International's (unless specifically stated otherwise) and nothing in our website shall be construed as conferring by implication or otherwise any licence or right to use any of those intellectual property rights displayed or subsisting on or in our website other than in accordance with these Terms of Use.


Do not rely on information on our website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.


Product availability, advice, taxation

Product availability

The information contained on our website does not constitute a distribution, an offer to sell or the solicitation of an offer to buy. Some products detailed on our website are only available to persons in certain idd countries.

If you are accessing this website outside the UK, UK or your local legislation may not permit us to offer products for you in your own country. Please check with your financial adviser as to whether such products are available in the country in which you are resident.

Advice

We do not offer investment advice on the merits or suitability of our products and no information contained within our website should be construed as such.

You are advised that, in the UK, our products are only available upon the recommendation of a financial adviser, and you must consult such an adviser in order to apply for any product.

Taxation

Except where stated otherwise, the contents of our website are based on our interpretation of United Kingdom taxation law and practice as at the date appearing at the foot of each product factsheet.

While we believe this interpretation is correct, we can give no guarantee that tax reliefs and the tax treatment of funds will remain the same in the future. The value of any tax reliefs will depend on individual financial circumstances and the country of residence. If you are in any doubt, you are advised to consult your financial adviser.


We are not responsible for websites we link to

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.


User-generated content is not approved by us

This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.


Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

The Internet is by its nature an unreliable medium. Consequently you accept that our website is offered on an 'as is basis' and 'as available basis'. Whilst we take all reasonable steps to ensure that our website is properly functioning at all times, we do not warrant that our website will be un-interrupted, timely, secure or error free, that defects will be corrected or that our website or the server that makes it available are free of software viruses or bugs or other defects.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our website; or
    • use of or reliance on any content displayed on our website.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.


Uploading content to our website

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

By uploading content to our website you warrant that you have the right to make it available to us, the content is not defamatory and the content does not infringe any law or rights or interests of any 3rd party in any country of the world, in particular that the content does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Acceptable Use Policy.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.


Rights you are giving us to use material you upload

When you upload or post content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, distribute, and display that user-generated content in connection with the service provided by the website.

By submitting your comments, photos, and videos you agree that we are able to use these in company presentations and reports, though we will not disclose any of your personal contact details in doing so.


We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, malware such as viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.


Rules about linking to our website

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our website other than that set out above, please contact OMInternationalservice@omwealth.co.za.


Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.


Our trade marks are registered

All trademarks appearing on our website are Old Mutual International Business Services Limited's (unless specifically stated otherwise) and nothing in our website shall be construed as conferring by implication or otherwise any licence or right to use any of those intellectual property rights displayed or subsisting on or in our website other than in accordance with these Terms of Use.

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The content of this site is not for the use of Hong Kong investors, however it does provide you (Hong Kong investors) with a secure customer login.