1. These Terms and Conditions (“the Terms and Conditions”) govern the Client’s use of the Unum Capital (Pty) Ltd (“Unum”) website, trading platform and Client portal, located at one of the Unum Groups domains, including www.unum.co.za, www.unumfx.co.za, www.online.unum.co.za, www.assuredwealth.co.za and www.getselected.co.za (“the Platforms”).
2. By accessing and using the Platforms, the Client agrees to be bound by the Terms and Conditions set out in this legal notice. The Client may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Platforms for marketing and other purposes without the consent of the Provider.
3. Description of goods and/or services
3.1. Unum Capital (PTY) Ltd is a company incorporated and registered under the Laws of South Africa, authorized as a Financial Services Provider (FSP 564), having its registered office at Unit 1 Village Corner, 57 Via Latina Crescent, Irene Corporate Corner, Irene, 0157, South Africa (“Unum”).The Company offers Financial Services to its Clients through an online trading technology platform.
3.2. As an authorised Financial Services Provide (FSP 564), Unum may, when providing use of the Platforms, also be subject to other regulations (“the Act”) including: the Financial Advisory and Intermediary Services Act, No 37 of 2002, including all applicable board notices; the Financial Markets Act, No. 19 of 2012; the Financial Institutions (Protection of Funds) Act, No. 28 of 2001; and the Financial Intelligence Centre Act, No 38 of 2001; and any other rules of a relevant regulatory authority or any other applicable regulations of a relevant market and all other applicable laws, rules and regulations as in force from time to time.
4.1. Unum takes responsibility for all aspects relating to the transaction including services sold on the Unum Group companies websites, customer service and support, dispute resolution and delivery of the Financial Service.
5. Electronic Communications
By using these Platforms or communicating with Unum by electronic means, the Client consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
5.1. E-Commerce & Privacy
5.1.1. The Platforms, www.unum.co.za, www.unumfx.co.za , www.getselected.co.za and www.online.unum.co.za offer online Financial Product and/or Services (“the Financial Service”) as defined in terms of the Act. The use of any Financial Product or Service bought from this Platforms is at the Client’s risk. The Client indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the Financial Products and/or Services offered on the Platforms.
5.1.2. The Client will be subject to a client mandate (“the Mandate”) with either Unum, and/or Unum’s Financial Product Provider’s Platform, which means the regulated entity selected from time to time by Unum, on whose trading platform Unum opens and manages the service.
5.1.3. Unum takes all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
5.1.4. Unum has existing policies for the Promotion of Access to Information Act and the Protection of Personal Information Act which are available on request.
5.1.5. The private information required for executing the orders placed through the e-commerce facility, namely the Client’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Unum and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the Financial Product and/or Service. Credit card details are not kept by Unum under any circumstances.
5.1.6. Unum cannot be held responsible for security breaches occurring on the Client’s electronic device (Personal Computer or other electronic device used to browse the Platforms), which may result due to the lack of adequate virus protection software or spyware that the Client may inadvertently have installed on his device.
5.2. Credit card acquiring and security
5.2.1. Credit card transactions will be acquired for Unum via various payment gateways (“Payment gateway”) including PayGate (Pty) Ltd (www.paygate.co.za), Yoco Technologies Proprietary Limited (www.yoco.co.za), and PayGenius (Pty) Ltd (www.paygenius.co.za) who are the approved payment gateways for Unum’s bankers. The Payment gateway’s use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Platforms. Clients may go to the Payment gateway’s website to view their security certificate and security policy.
5.3. Customer details separate from card details
5.3.1. Customer details will be stored by Unum separately from card details which are entered by the client on the Payment gateway’s secure site. For more detail on the Payment gateway’s refer to Payment gateway’s various websites.
5.4. Delivery policy
5.4.1. Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of electronic email, which you provided during the registration process with Unum.
5.5. Merchant Outlet country and transaction currency
5.5.1. The offering on this website is available to South African clients only, and payments will only be processed in ZAR.
5.6. Payment options accepted
5.6.1. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into Unum’s Client inflow account, the details of which will be provided on request.
5.7. Refund and Refunds Policy
5.7.1. The provision of services by Unum is solely at Unum’s discretion and is subject to the Client accepting a Mandate and Unum may refuse to accept the Client in cases of unavailability and/or unsuitability.
5.7.2. Cancellation by the client may attract a 5% charge for administration costs which may be waived by Unum.
5.7.3. Unum reserves the right to cancel an order for which payment has already been received. This may occur if the Client fails Unum suitability requirements. Should Unum exercise this right, the Client will receive a full refund with no deductions.
5.7.4. Any complaints regarding the Financial Product and/or Service purchased by the Client through the e-commerce facility should be directed to the Unum Compliance Officer in accordance with Unum’s Complaint Policy. The Provider’s complaints policy is available on request or on the Platforms www.unum.co.za
5.8. Updating of these Terms and Conditions
5.8.1. Unum reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Platforms. It is the Client’s obligation to periodically check these Terms and Conditions at the Platforms for changes or updates. The Client’s continued use of these Platforms following the posting of changes or updates will be considered notice of the Client’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
5.9. Copyright and Intellectual Property Rights
5.9.1. Unum provides certain information on the Platforms. Content currently or anticipated to be displayed on these Platforms is provided by Unum, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Research, eBooks, webinars, podcasts, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright Unum, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. Unum reserve the right to make any changes to the Platforms, the Content, or to products and/or services offered through the Platforms at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the Client is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
5.10. Limitation of liability
5.10.1. The Platforms and all Content on the Platforms, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Unum nor any holding company, affiliate or subsidiary of Unum, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Platforms or any functionality thereof, or of any linked Platforms, even if Unum is expressly advised thereof.
5.11. Privacy: casual surfing
5.11.1. The Client may visit the Platforms without providing any personal information. The Platforms servers will in such instances collect the IP address of the Client computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Platforms, pages viewed, etc. Unum uses this information to determine use of the Platforms, and to improve Content thereon. Unum assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
5.12. Choice of Law
5.12.1. This Platforms is controlled, operated and administered by Unum from its offices within the Republic of South Africa. Access to the Platforms from territories or countries where the Content or purchase of the products sold on the Platforms is illegal is prohibited. The Client may not use this Platforms in violation of South African export laws and regulations. If the Client accesses this Platforms from locations outside of South Africa, that Client is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the Client consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
5.13. Company information
5.13.1. The website, online trading platform and Client portal is run by Unum Capital (Pty) Ltd, a Private Company based in South Africa.
Physical Address: Unit 1 Village Corner, 57 Via Latina Crescent, Irene Corporate Corner, Irene, 0157
Telephone: 011 384 2900
5.17.1. Unum may, in its sole discretion, change this agreement or any part thereof at any time without notice.