1. Any reference herein to “STANLIB” shall be deemed to include STANLIB Collective Investments Ltd (Reg. No: 1969/003468/06) and STANLIB Wealth Management Ltd (Reg. No: 196/005412/06). STANLIB is a member of the Association for Savings and Investment SA.
2. I guarantee that the information provided in my application for a STANLIB Online Account is accurate, truthful and correct. I further guarantee that the information provided/that I may in future provide in my application for any of the restricted internet services (STANLIB Online) is/will be accurate, truthful and correct.
3. I acknowledge that the login ID issued to me for purposes of providing me with access to STANLIB's Online Site is at STANLIB's full discretion and may be revoked or suspended by STANLIB at any time.
4. I further acknowledge that my aforesaid login ID (and consequently also my access to STANLIB's Online Site) shall be revoked should I breach any of these terms or conditions or any of the terms and conditions pertaining to a particular Online service.
5. I agree that:
5.1 This agreement becomes effective between myself and STANLIB at the time of registering on STANLIB Online. By accessing this website I am bound to the current version of the conditions published here at the time of any visit to the site.
Requirements and Registration
5.2 STANLIB may at any time and without notice to me, amend the information contained on its website or change or terminate any of the services and tools provided on the website;
5.3 STANLIB shall be entitled to change these terms and conditions at its discretion. The changed/new terms and conditions shall be reflected on STANLIB's website. Should I use or transact on STANLIB's website after amendments have been made to this page, I shall be regarded as having read and agreed to the amended terms. Should I not agree to the changed terms and conditions I shall be entitled to terminate my STANLIB Online Account by giving written notice of termination to STANLIB.
5.4 STANLIB shall be entitled to implement all instructions and applications of whatever nature received by STANLIB on the internet site, by telephone, fax or any other electronic medium and which appear to emanate from me. STANLIB is indemnified against any losses, claims or damages arising from their acting on such instructions and/or applications, notwithstanding that it may later be proved that any such instruction was not given by me.
5.5 all instructions/transactions received by STANLIB will be subject to the turn-around times and processes as advised by STANLIB from time to time.
5.6 an instruction cannot be terminated or revoked once sent to STANLIB and I will not hold STANLIB liable if it executes duplicate or multiple instructions submitted by me.
5.7 electronic records, of all instructions and applications processed on my behalf which emanate from me or purport to emanate from me shall constitute prima facie proof of the contents of such instructions and applications.
5.8 STANLIB will regard all activities conducted or instructions sent, after my Login Id and password have been entered, as being authorised by me and intended to have legal force and effect.
5.9 An instruction is deemed to be received by STANLIB only once STANLIB has confirmed that it has received it. Where an instruction has not been confirmed I will check my statement or contact STANLIB's Contact Centre to enquire whether the instruction is still being processed.
5.10 I understand that STANLIB is Prohibited from processing any transaction on my behalf until I have provided all documentation and information required in terms of the Financial Intelligence Centre Act, No.38 of 2001
6. I confirm that I will follow all the required steps to register for STANLIB Online namely:
6.1 For Initial registration
• Access www.stanlib.com and click on the link to register for STANLIB Online
• Specify my details in accordance with section 2
• Choose the correct profile that best describes me
• Confirm my profile and details
• Wait for STANLIB to Communicate a successful registration to me
6.2 For Transaction Registration
• Only once I have completed my initial registration will I be able to apply for transaction registration, which will allow me to transact only on my account(s) through STANLIB Online.
Additional Terms and Conditions applicable to Clients
• After submitting my application I will wait for a STANLIB Consultant to call me and perform a security check before allowing me to transact on my account.
7. I acknowledge that STANLIB does not and has not given or made any guarantees or representations of any kind regarding the accuracy, applicability or content of the information, services and/or tools provided on the website. Although reasonable care is exercised by STANLIB in the compilation of such information, services and tools, STANLIB does not accept liability for any loss, damage or expense that may be incurred as a direct or indirect consequence of reliance placed thereon.
8. I agree that STANLIB may deal with any and all present and future transactions on my behalf electronically and I further agree that any and all records will be stored electronically by STANLIB and any such electronic record shall constitute conclusive proof of the contents of such record, unless I prove otherwise.
9. I acknowledge and agree that my rights and obligations regarding my investments in Collective Investment Schemes shall be subject to the provisions of the Collective Schemes Control Act, 2002, the Deeds which may be applicable as well as any business practice or rule which STANLIB may apply from time to time and the Financial Advisory and Intermediary Services Act, 2002 and other relevant legislation.
10. I acknowledge that there are risks associated with any investment that I may choose, such as but not limited to political, currency, regulatory, settlement, market, taxation and premium risk. I acknowledge that the capital value and income of Collective Investment Portfolios may fluctuate and past performance is no guarantee of future returns, except where express written guarantees have been given. I acknowledge that I carry all investment risks. I understand that financial advice should be obtained from a professional intermediary before investing
11. STANLIB reserves the right to reject, in its sole discretion, any application for services to the site. Additional Terms and Conditions applicable to Financial Service Providers
12. I confirm that I am the intermediary on record for all Clients whose information I am accessing and on whose behalf I transact electronically.
13. I have been appointed by these Clients to act as their agent in respect of all instructions to be executed on their behalf.
14. STANLIB reserves the right to reject, in its sole discretion, any application for services to this site. User Responsibilities
15. I shall keep my Login ID and password confidential and shall not allow anyone access thereto or the use thereof.
16. Should I become aware of any breach or attempted breach of STANLIB's data security I shall inform STANLIB's management or the STANLIB internet operations manager without delay and in writing.
17. I agree to have an email address at all times and that all correspondence from STANLIB with regard to services provided or updates to the STANLIB Online site will be communicated to me via the e-mail address that STANLIB has on record, as advised by me. I agree to notify the STANLIB Contact Centre of any changes to my personal contact details/email address.
18. I shall notify STANLIB of any legal disability or change in my legal status including but not limited to being placed under an administration order or under curatorship or being sequestrated. Liability
19. I agree to bear full responsibility for all activities that take place on my STANLIB Online Account, should I:
19.1 notwithstanding the undertaking in 19 above, share my access rights with any other person by disclosing or allowing others to gain knowledge of my Login ID and password; or
19.2 leave my browser unattended while in an active browser session; or
19.3 fail to log off after each session and clear my browser history; or
19.4 in any other manner conduct or access my STANLIB Online Account carelessly or negligently.
20. I acknowledge and accept that any use of my STANLIB Online Account is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that STANLIB will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:
20.1 any defect or fault in my hardware and/or software; or
20.2 any failure or fault in connectivity to the internet; or
20.3 the unavailability of the STANLIB website or contact centre for any reason whatsoever; or
20.4 any failure on the part of STANLIB to carry out instructions given online under circumstances where such failure is the result of a cause beyond STANLIB's control; or
21. Should STANLIB institute legal proceedings against me as a result of my breach of these terms and conditions or the terms and conditions pertaining to a business service/restricted internet service or in regard to my use of the STANLIB website, STANLIB shall be entitled to recover from me all costs incurred in this regard, including attorney-and-own-client costs. Breach
22. STANLIB may terminate my access to STANLIB Online if I breach a material term of this agreement and fail to remedy it within five days of STANLIB notifying me of it. This does not detract from STANLIB's right to take any other steps available at law or under this agreement. Electronic Communications
23. An electronic message will be deemed to be sent:
23.1 by me, at the time at which STANLIB is capable of accessing such message; or the time shown on a delivery receipt created by my email system.
23.2 by STANLIB at the time shown on the message as having been sent, or if not so shown, at the time shown on STANLIB's computer system as having been sent.
24. An electronic message is deemed to be received:
24.1 by me, once it becomes capable of being retrieved by me;
24.2 by STANLIB, once it has confirmed receipt thereof to me or responded thereto, whichever is the earlier.
25. An electronic message shall be attributed:
25.1 to me, if it purports to have originated from me irrespective of the fact that someone else may have impersonated me or whether the message sent to STANLIB resulted from an error or malfunction in the email system;
Use of Personal Details
25.2 to STANLIB if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by STANLIB and such system operated without error or malfunction.
26. I agree that my personal details may be disclosed to organisations within the STANLIB Group and that the answers to my security questions as well as my ID number and email address may be used to authenticate me for any telephonic contact with the STANLIB Contact Centre.
27. I hereby authorise STANLIB to verify any of the information supplied in my application and to this end authorise third parties in possession of relevant information to disclose such information to STANLIB for verification purposes. Jurisdiction and Applicable Law
28. Any transaction concluded via STANLIB's Online Site or any claim that may arise in consequence of the use of STANLIB's Online Site shall be governed by the law of the Republic of South Africa.
29. I hereby consent to the jurisdiction of the South Gauteng High Court, Johannesburg for all purposes arising from or associated with the use of my STANLIB Online Account.