Terms and conditions of use

Thank you for visiting our website (this “Website”). It is important that you read and understand the terms and conditions under which you will use this Website. Individuals should make their own assessment as to the suitability of the services provided. Some of the services may not be available in certain countries due to local regulatory restrictions.

Each of the products and services referred to on this Website, unless indicated otherwise, are subject to their own terms and conditions, copies of which terms can be viewed on the links provided or on request from the Bank.

This Website, and the information, services and products on it, shall be governed by and construed in accordance with the laws of the jurisdiction in which your account is located, and if you do not have an account with the Standard Bank Offshore Group, in accordance with the laws of the Island of Jersey.  Any disputes in relation to this Website shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction in which your account is located to which you submit, and if you do not have an account with the Standard Bank Offshore Group, any disputes shall be subject to the non-exclusive jurisdiction of the courts of Jersey to which you submit.

Acceptance

This Website is owned and maintained by the Standard Bank Offshore Group (meaning, Standard Bank Offshore Group Limited, a Jersey incorporated company which has its registered office at 47-49 La Motte Street, St Helier, Jersey JE2 4SZ, and any subsidiary of it). The use of this Website is subject to the following terms and conditions which are important and we recommend you read them carefully. You must let us know as soon as possible (and in any case before using our services) if there is anything which you do not understand or need made clearer. By using this Website you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this Website.

References to the use of this website also refer to the use of online services.

Use of website

This Website is designed to be accessed through its principal product home pages and such other pages as the Standard Bank Offshore Group may decide in its sole and absolute discretion. If you access this Website through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to fully understanding our products and services.

Data Protection

We will only collect or process your personal information (by which you can be identified) once you request a particular product or service from us.  The terms and conditions in relation to how we collect and process your personal information, and your consent in this regard, are recorded in the terms and conditions of each product or service for which you contract with us.

Privacy Statement

Please see our Privacy Statement that is provided separately on this website.  It forms an integral part of these website terms and conditions of use.

Our intellectual property

Unless otherwise stated, the copyright and any other rights in relation to the material on this Website are owned by the Standard Bank Offshore Group. You can download, print or copy material from this Website only for your personal use, however you must not make any changes to this Website or use any of its images or text to make false representation. No one is permitted to use part of this Website on another site, reproduce part or all of this Website, nor can they link to this Website without the express prior written permission of the Standard Bank Offshore Group.

Reproduction of part or all of this Website, in any format, is strictly prohibited without the express prior written permission of the Standard Bank Offshore Group. If in the event that you require additional software to use this Website, any software downloaded by you is at your own risk.

Hardware and software

You are required to use and maintain hardware and software of sufficient quality and performance capability and we suggest that you use only the latest versions of Microsoft Internet Explorer and Netscape browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of this Website not to operate properly or at all.

Software, if any, made available for download on or via our website is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose or the use of such software.

Exclusion of liability

While the Standard Bank Offshore Group has taken all reasonable steps to ensure the accuracy and completeness of the information on this Website we give no warranty that this Website will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise), arising out of errors or omissions contained in this Website. Further, no warranty is given that this Website shall be available on an uninterrupted basis, and we accept no liability in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties.

Access to and use of this Website is at the user's own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.

Nothing in these terms and conditions shall exclude or limit or restrict our duties and liabilities to our customers under any legislation which the Standard Bank Offshore Group is bound to comply with. Further, nothing in these terms and conditions shall attempt to exclude fraudulent misrepresentation.

This Website may contain links to other websites which are hosted and maintained by third parties. We have no control over the content or security of any such website. You link to such websites at your own risk, and the Standard Bank Offshore Group makes no representations regarding the content and / or security of any such website. We cannot be liable for any loss or damage which may arise from the use of such third party websites.

Advice

The contents of this Website do not purport to provide any financial, investment or professional advice and nothing on this Website shall be deemed to constitute the provision of financial, investment or other professional advice in any way.

Information in this Website is purely of a general nature and is not intended to address the specific circumstances of any particular individual or entity and is not necessarily comprehensive, complete, accurate or up to date.

Changes to website

The contents of this Website, including these terms and conditions of use, are subject to change by the Standard Bank Offshore Group without notification.

We may modify, suspend or discontinue this Website, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right of access to, and the use of, certain services, features or functions and we may restrict access to parts of or all of the services on this Website.

By accessing this Website you are bound to the version of these terms and conditions published on this Website at the time of any visit to this Website. You agree to view the current version of these terms and conditions of use each time you access this Website. To the extent that the Website is modified, suspended or discontinued, you agree that you will be bound to the version of the terms and conditions most recently published on the Website, or the most recent version of the terms and conditions provided to you by the Standard Bank Offshore Group, whichever is the later.

Telephone calls

We may record telephone calls for security for you and our staff, and to help maintain our service quality.

Internet communications

In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, The Standard Bank Offshore Group reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorised as being in breach of the Standard Bank Offshore Group’s information security policy and procedures.

Additional security

You may wish to alter the security level on your own personal computer to warn you when you are entering or leaving a secure website. Details on how to alter your browsers security levels may be obtained from your browser provider.

Exclusion of statutory terms

To the extent permitted by law, you agree with the Standard Bank Offshore Group that no statutory terms (which shall include warranties, conditions or other contractual provisions) or rights, duties or liabilities imposed under the Supply of Goods and Services (Jersey) Law 2009 and / or the Supply of Goods and Services Act 1996 (of the Isle of Man) shall apply to any of us in relation to these terms and conditions.

General provisions

The headings of the clauses in these terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify these terms and conditions.

No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against you.

If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable, the said term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.

Nothing in these terms and conditions shall confer any right on any third party to enforce or enjoy the benefit of any aspect of these terms and conditions. Without prejudice to the generality of the foregoing, it is not intended that any provision of these terms and conditions shall be enforceable by virtue of the Isle of Man’s Contracts (Rights of Third Parties) Act 2001 by any person who is not a party hereto.

Regulatory status

The following contains information about the regulatory status and further important notices relating to the Standard Bank Offshore Group and its subsidiary undertakings in Jersey and the Isle of Man.

The ultimate holding company of Standard Bank Offshore Group Limited is Standard Bank Group which has its registered office at 9th Floor, Standard Bank Centre, 5 Simmonds Street, Johannesburg, South Africa. Standard Bank Group is regulated by the South African Reserve Bank as a bank controlling company.

The following companies are all wholly owned subsidiaries of Standard Bank Offshore Group Limited, which has its registered office at Standard Bank House, 47-49 La Motte Street, St. Helier, Jersey JE2 4SZ.

The regulated status of the wholly owned subsidiaries is set out below, but Standard Bank Offshore Group Limited, as the parent company, is not itself regulated.

Jersey

Standard Bank Jersey Limited is regulated by the Jersey Financial Services Commission to conduct deposit taking business under the Banking Business (Jersey) Law 1991 and investment business and fund services business under the Financial Services (Jersey) Law 1998.

Standard Bank Jersey Limited is a participant in the Jersey Bank 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 are available on the States of Jersey website, www.gov.je/dcs, or on request.

Deposits made with Standard Bank Jersey Limited are not subject to the provisions of the UK's Financial Services and Markets Act 2000 for the protection of retail customers, and will not be protected under the UK Financial Services Compensation Scheme or the UK Financial Ombudsman Service.

Standard Bank Offshore Trust Company Jersey Limited is regulated by the Jersey Financial Services Commission to conduct trust company business under the Financial Services (Jersey) Law 1998.

Standard Bank International Investments Limited is regulated by the Jersey Financial Services Commission to conduct investment business and fund services business under the Financial Services (Jersey) Law 1998. Melville Douglas is a registered trading name of Standard Bank International Investments Limited.

The Channel Islands Financial Ombudsman Scheme covering disputes relating to financial services offered to certain categories of persons in or from within Jersey came into effect on 1 November 2015. Persons to whom the scheme applies have six months from receiving a final response to a complaint from Standard Bank Jersey or Standard Bank International Investments Limited, to bring the matter to the financial ombudsman. Full details can be obtained at www.ci-fo.org.         

Standard Bank Isle of Man Limited and Standard Bank Jersey Limited place funds with other parts of their group and thus their financial standing is linked to that of the Standard Bank Group. Depositors may wish to form their own view on the financial standing of Standard Bank Isle of Man Limited, Standard Bank Jersey Limited and that of the Standard Bank Group based on publicly available information. The latest report and accounts are available at www.standardbank.com/international

Isle of Man

Standard Bank Isle of Man Limited is licensed by the Isle of Man Financial Services Authority under the Financial Services Act 2008.

Deposits made with Standard Bank Isle of Man Limited are covered by the Isle of Man Depositors' Compensation Scheme as set out in the Depositors' Compensation Scheme Regulations 2010. Full details of the Scheme are available on the Isle of Man Government’s website, or on request.

The Isle of Man has a Financial Services Ombudsman scheme covering disputes relating to financial services offered in or from the Isle of Man to individuals and trustees or managers of SIPPs. In the unlikely event that we are unable to resolve your complaint, or if you remain dissatisfied, you may also complain directly to the Financial Services Ombudsman, details of which will be given to you should you contact us in relation to a complaint. You can also request this information at any time. Full details of this scheme are available on the Isle of Man Government’s website, or on request.

Deposits made with Standard Bank Isle of Man Limited are not subject to the provisions of the UK's Financial Services and Markets Act 2000 for the protection of retail customers, and will not be protected under the UK Financial Services Compensation Scheme or the UK Financial Ombudsman Service.

Standard Bank Jersey Limited and Standard Bank Isle of Man Limited place funds with other parts of their group and thus their financial standing is linked to that of the Standard Bank Group. Depositors may wish to form their own view on the financial standing of Standard Bank Isle of Man Limited, Standard Bank Jersey Limited and that of the Standard Bank Group based on publicly available information. The latest report and accounts are available at www.standardbank.com/international

Investment and investment service warnings

When making investments, it must be remembered that the price, value and income of such investments may fall and you may get back less than you invested. Where higher volatility investments are involved you could lose all of the amount invested.  Investments denominated in foreign currencies are subject to changes in rates of exchange that may have an adverse effect on the value, price or income.

Past performance is not a reliable indicator of future results.

Investment in unit trusts and the shares of open-ended investment companies are generally a medium to long-term investment.

The investment services detailed in this site may not be suitable for all individuals or entities and prospective investors must rely on their own investigations and evaluations including the merits and risks involved. Each prospective investor should consult their own advisers with respect to the legal, tax, regulatory, financial and accounting consequences of their investment. Prospective investors should not treat the contents of this Website as advice in relation to such matters.

In no circumstances will the Standard Bank Offshore Group be responsible for any costs or expenses incurred by any investor or prospective investor in connection with any investigation or evaluation of the investments.

The offer and sale of some products in certain jurisdictions may be restricted by law. This Website does not constitute an offer to sell or the solicitation of an offer to buy any products, nor shall any products be offered or sold to any person, in any jurisdiction in which such offer or sale would be unlawful under the laws of such jurisdiction. Any prospective investor wishing to subscribe for any products should satisfy themselves as to the observance of the laws of any relevant jurisdiction, including the obtaining of any requisite governmental or other consents and the observing of any other formalities.

Certain parts of this Website may constitute an invitation to treat. The offer is made when the applicant has completed the appropriate account opening documentation and this has been received by the relevant company within the Standard Bank Offshore Group at its place of business. The relevant Standard Bank Offshore Group company will communicate its acceptance of the offer to the applicant by advising them of an account number unique to that applicant.

Additional warnings for people accessing this website from the Republic of South Africa

Standard Bank Offshore Services (RSA), operates under the license of The Standard Bank of South Africa Limited (“SBSA”), an authorised Financial Services Provider (“FSP”) number 11287. We are authorised to provide financial services for the following products: Long-Term Insurance A, B1, B2 and C; Short-Term Insurance: Personal Lines and Commercial Lines; Retail Pension Benefits; Securities and Instruments: shares, money market, debentures and securitised debt, warrants, bonds, and derivative instruments; Collective Investment Schemes; and Long and Short term deposits. The compliance officer’s details: +27 11 636 1781 / Groupfaiscomplianceofficer@standardbank.co.za. SBSA holds professional indemnity insurance cover. SBSA is authorised by SBIoM to sell its products in South Africa and other African countries. Other local Standard Bank Group entities are similarly authorised within their own countries.  

Additional warnings for people accessing this website from the United Kingdom

Not all content of this Website has not been approved by a person authorised under the Financial Services and Markets Act 2000 ("FSMA") for the purposes of section 21 FSMA. Only certain products and services listed on the site may have been approved under FSMA but, where there has been such approval, that will be made clear in the terms and conditions attaching to those specific products or services. Consequently this Website should be viewed in the United Kingdom only by investment professionals, high net worth companies and unincorporated associations, and “certified sophisticated investors”. It may not be viewed by any other class of person. This Website is intended for high net worth companies and unincorporated associations, certified sophisticated investors and persons having professional experience in matters relating to investments. Persons other than certified sophisticated investors who do not have professional experience in matters relating to investments should not rely on the contents of this Website.

A “certified sophisticated investor” is a person who has a current certificate signed by a person authorised under FSMA to the effect that he or she is sufficiently knowledgeable to understand the risks associated with the type of investment to which this Website relates, and who has himself or herself signed (within the last twelve months) a statement to the same effect.

Prospective clients residing  in the UK should be aware that the protections provided to clients by the UK regulatory system established under FSMA do not apply to any services or products provided by any entity within the Standard Bank Offshore Group. In particular, clients will not be entitled to compensation from the Financial Services Compensation Scheme, nor will they be entitled to the benefits provided by the Financial Ombudsman Service or other protections to customers under FSMA.

Reliance on the contents of this Website for the purpose of engaging in any investment activity may expose an investor to a significant risk of losing all of the property invested or of incurring additional liability. Any person who is in any doubt about the investments and investment services to which this Website relates should consult an authorised person specialising in advising on such investments and investment services. If you have any questions or do not understand anything in these conditions please send an email to webmaster@standardbank.com and we will respond.