Advicement Terms and Conditions

Introduction

Advicement Investment Services (Pty) Ltd ("us", "we", "our" or "Advicement"), a private company registered in the Republic of South Africa under registration number 2013/122231/07, is an authorised financial service provider, FSP number 47117, offers an automated investment service. Should you elect to become our Client, Advicement together with First World Trader (Pty) Ltd, will manage a diversified, continually rebalanced portfolios of Exchange Traded Funds ("ETFs") on your behalf in a very low cost and efficient manner.

To provide this service, Advicement will appoint First World Trader (Pty) Ltd) trading as GT247.com ("FWT"), an authorised financial service provider, FSP number 22588, to implement the Advicement portfolios and act as the investment administrator. Advicement will provide FWT with the necessary advice on the construction and re-balancing of the ETF portfolios.

Agreement

When you access our website at www.advicement.co.za ("our website" or "Advicement") as a User, you are agreeing to be bound by the following Advicement Terms and Conditions, and, if you've elected to become a Client you are also agreeing to be bound by Easy Equities (a platform managed by FWT) Terms and Conditions and the relevant discretionary investment mandates. Please therefore take the time to read the following binding Terms and Conditions below. Easy Equities Terms and Conditions can be found on the Easy Equities website.

For the purpose of this agreement a User is an individual who uses our website to evaluate our service, or for educational purposes and a Client is an individual who agrees to have their investment portfolio managed by FWT and Advicement. These terms and conditions are applied to both Users and Clients.

Eligibility

Advicement is intended solely for individuals who are 18 or older. Any access to or use of Advicement by anyone under 18 is unauthorized, unlicensed, and in violation of these terms and conditions. By accessing or using Advicement, you represent and warrant that you are 18 or older.

Access

In order to access certain features of Advicement, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account.

You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Advicement immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. In addition, should FWT accepts you as a Client, you will be provided with an Easy Equities account number, username and password.

You agree that the information you provide to us on account registration through our website will be true, accurate, current, and complete.

Confidentiality

All information obtained or acquired about you shall remain confidential unless you provide written or electronic consent, or unless we are required by any law to disclose such information. The Protection of Personal Information (POPI) Act requires us to obtain your consent and inform you on how we use and disclose your personal information. We are committed to protecting your privacy and will ensure that your personal information is used appropriately, transparently and according to applicable law. Advicement Investment Services does have a Protection of Personal Information Manual, which is available on request.

Communications

By creating a User Account, you automatically sign up for various types of alerts via e-mail. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.

You agree that these Terms and Conditions and the rules, restrictions, and policies contained herein, and Advicement enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Advicement. Any notice or other communication to be given hereunder will be in writing and given by (a) Advicement via email (in each case to the address that you provide), or (b) you via email to clientservices@advicement.co.za or to such other addresses as Advicement may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

For a User who is not a Client

You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Advicement cannot be guaranteed and that Advicement cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of Advicement and FWT. Your election to engage our investment management services are subject to your explicit enrolment and acceptance of the related fee schedule.

You agree and understand that your use of Advicement is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Advicement is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Advicement as the primary basis of your investment decisions and, except as otherwise provided for herein, Advicement will not be liable for decisions/actions you make or authorize third parties to take on your behalf based on information you receive as a User of Advicement or information you otherwise see on our website.

Disclaimer Warranties

Your use of Advicement, and the personal information you provide is at your sole discretion and risk. Advicement and all materials, information, products and services included therein, are provided on an as is and as available basis without warranties of any kind from Advicement.

Advicement expressly disclaims all warranties of any kind, express, implied or statutory, relating to Advicement, content and/or user information, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. Advicement disclaims any warranties, express or implied:

  • regarding the availability, security, accuracy, reliability, timeliness and performance of Advicement, content and/or user information;
  • that Advicement will be error-free or that any errors will be corrected;
  • that Advicement will be free from electronic viruses; or
  • regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by Advicement including but not limited to information obtained through social media.

No advice or information, whether oral or written, obtained by you from Advicement, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

In no event shall Advicement or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of Advicement, content and/or user information, including but not limited to the quality, accuracy, or utility of the information provided as part of or through Advicement or for any investment decisions made on the basis of such information, whether the damages are foreseeable and whether or not Advicement has been advised of the possibility of such damages.

You agree you will:

  • comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
  • provide accurate information to us and keep your password confidential;
  • use Advicement Services in a professional manner

You agree you won't:

  • Circumvent, disable, or otherwise interfere with security-related features of Advicement or features that prevent or restrict use or copying of any content or User information;
  • Upload, email, transmit, provide, or otherwise make available:
    • any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information);
    • any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity);
    • unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Advicement;
    • any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
  • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Advicement to send altered, deceptive, or false source- identifying information
  • Interfere with or disrupt (or attempt to interfere with or disrupt) any Advicement web page, server, or network, or the technical delivery systems of Advicement's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Advicement.
  • Attempt to probe, scan, or test the vulnerability of any Advicement system or network or breach or impair or circumvent any security or authentication measures protecting Advicement;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Advicement;
  • Violate the terms of service or any other rule or agreement applicable to you or Advicement's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
  • Collect or store personal information about other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity, through some form of social engineering, or commit fraud;
  • Solicit any User for any investment or other commercial or promotional transaction;
  • Violate any applicable law, regulation, or ordinance;
  • Monitor Advicement availability, performance or functionality for any competitive purposes;
  • Use Advicement or content thereon in any manner not permitted by these Terms and Conditions;

Termination

You may request termination of your User Account at any time and for any reason by sending an email to clientservices@advicement.co.za. Please note that termination of User account with Advicement does not automatically terminate the mandate entered with FWT, unless the client also terminates that in accordance with the relevant termination clauses in the mandate and Easy Equities Terms and Conditions.

We may terminate or suspend your access to Advicement, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms and Conditions has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms and Conditions. We may seek to gather information from a user who is suspected of violating these Terms and Conditions (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms and Conditions.

Any suspension, termination, or cancellation shall not affect your obligations to Advicement under these Terms and Conditions (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

General Terms

In the event that any provision in these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Advicement, and any prohibited assignment will be null and void.

Advicement may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under these Terms and Conditions is that of independent contractors, and these Terms and Conditions will not be construed to imply that either party is the agent, employee, or joint venture of the other.

We reserve the right to change this Agreement by posting a revised Terms and Conditions and we agree that changes cannot be retroactive. If you don't agree with these changes, you must stop using Advicement.

Advicement Full Disclosures

This agreement is subject to understanding and accepting the Advicement Full Disclosures. The Advicement Full Disclosures are published on the Advicement website.

Advicement Fees

The Client is invested through the Advicement bundles provided on the Easy Equities platform. Advicement earns a service fee paid by the client through the Easy Equities platform. Management fees are calculated based upon the amount of assets being managed. Advicement does not charge any initial advisory fees. A schedule of fees earned by Advicement is published and explained on the Advicement low fees page. Please refer to Easy Equities cost profile which explains the full set of fees associated with investing in bundles on the Easy Equities platform.

International Use

Advicement is only available for use in the Republic of South Africa. We make no representation that Advicement is appropriate or available for use outside Republic of South Africa. Similarly, we make no representations that accessing Advicement from locations outside the Republic of South Africa is legal or permissible by local law. If you access Advicement from areas outside of the Republic of South Africa, you do so at your own risk and are yourself responsible for compliance with local laws.

Integration

This Agreement is the entire agreement between you and us with respect to Advicement, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Financial Advice

You understand and agree that we act as an investment adviser for Clients and will continue to do so. We and our personnel may make recommendations and take action for Clients that may differ from the recommendations we give to you or the action we take on your behalf. Advicement does not provide a full suitability analysis nor tax advice.

In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.

Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at clientservices@advicement.co.za. You agree, however, that (i) by submitting unsolicited ideas to Advicement or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Advicement. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Advicement together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

Any Questions?

This document constitutes Advicement's complete Terms and Conditions for Advicement and related services.

If you have questions about these Terms and Conditions or about Advicement or content thereon, please contact us at clientservices@advicement.co.za.