Terms & Policies

DISCLAIMER

Disclosure Clause

Financial Management International Limited (FMI™) is a licensed Financial Services Provider (FSP) as defined in the Financial Advisory and Intermediary Services Act (FAIS). FAIS requires that anyone who makes any recommendation, guidance or proposal of a financial nature must be a duly authorised representative of a licensed FSP. If you are seeking financial advice or if you feel that an email constitutes financial advice, or if the author of an email wants you to purchase, amend or cancel a policy, please check with the author that he/she is a licensed FSP™.

Financial Management International Limited
Reg. No: 1995/006325/07
FSP No 2717

Disclaimer and Confidentiality Clause

The disclaimer is enforceable and binding on the recipient/addressee of an e-mail in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002. FMI reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail sent in reply to an e-mail from FMI or any of its employees.

E-mails and any attachments relating to official business of Financial Management International Limited (FMI) are proprietary to FMI and intended for the original addressee only. An e-mail may contain information that is confidential and subject to legal privilege. If you have received an e-mail in error, please notify the original sender immediately and destroy the original e-mail. If you are not the intended recipient of an e-mail, you are hereby notified that you must not disseminate copy, use, distribute, or take any action in connection therewith.

Any views expressed in an e-mail are those of the individual sender and not necessarily of FMI. In particular no representative or employee of FMI may send:

  • Unsolicited commercial messages (“Spam”); or
  • Messages that infringe any third parties copyright, trademarks or other rights and interests (“Infringing content”); or
  • Messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“Offensive content”).

Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. Therefore FMI cannot accept responsibility and is not liable whatsoever for any loss or damage resulting directly or indirectly from the transmission of an e-mail. In terms of section 86 (1) of the Electronic Communications and Transactions Act, 25 of 2002 a person who intentionally intercepts any data without authority or permission to do so, is guilty of an offence.

This disclaimer is governed by the laws of the Republic of South Africa and shall be deemed to supersede any terms contained in any e-mail received by FMI, insofar as these conflict with the disclaimer.

Website Disclaimer

The material contained in these web pages is provided for general information purposes only.

While we have taken every care and effort to ensure the accuracy of the information provided, we (FMI) make no representation and gives no warranty, whether express or implied, relating to the correctness of the information in these web pages. We accept no responsibility for, and the user indemnifies us harmless from, any loss, liability, damage or expense of whatsoever nature (including but not limited to direct, indirect and consequential loss), arising from reliance on information contained in these pages, or otherwise connected with the information in these pages [whether arising from breach of contract (fundamental or otherwise), delict, negligence, gross negligence or otherwise].

The content of this site is provided “as is” without any warranty of any kind, express or implied. We are not responsible for any content posted by any user of this service. Any opinion expressed by a user does not necessarily represent our opinion. No use of, or reliance on, any materials included in this site shall be deemed to give rise to a Physician-Patient or Insurance Agent-Client relationship. No material included in this site shall be deemed to present the only or necessarily the best method or procedure with respect to a matter discussed on this service; rather, any such material shall be acknowledged as the approach or opinion of the discussing party only.

Except where otherwise stated, we own the copyright of all site contents. No part of the site contents may be reproduced or transmitted or reused or be made available in any manner or any media, unless prior written consent has been obtained from us.

In the event of any dispute of whatever nature arising as a result of the use of the information on these web pages, the user (including user’s resident outside the Republic of South Africa) accepts that the law of the Republic of South Africa shall apply.

TERMS & CONDITIONS

Acceptance

These conditions become effective when you access the site for the first time and constitute a binding agreement between us, (FMI Ltd) and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this site.

Online services

Our online products and services (online services) are subject to registration procedures and approvals, which we may accept or reject at our sole discretion.

These online services are governed by separate terms and conditions (service terms) that are available on the relevant sections of this site where the online services are provided. In the event of conflict between these conditions and the service terms, the provisions of the service terms will apply.

Nature of information on the site

All information on this site is only intended to provide you with general information about products, our services, objectives and us. Nothing on this site should be treated as an offer but merely as an invitation to do business with us.

We may provide information from time to time on:

  • projected values, earnings, capital expenditures, dividends, capital structure or other financial items;
  • the plans, objectives and/or projections of the company for future operations, including those relating to the services of the company; or
  • future economic performance.

Such projections are only estimates. Actual events or results may differ. All information is provided “as is” and should not be treated as professional advice of any kind. You should consult your own professional advisers before relying on any information on this site.

Privacy and security

Our commitment to your privacy and the security of your personal information is outlined in our privacy policy.

Amendments to these conditions

We may amend these conditions from time to time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site. A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.

Information feeds

We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it. All quotes, news, market information or data shown on the site by way of live information feeds may be delayed by at least 30 minutes unless otherwise stated. You should always select the “refresh” or similar page update function on your Internet browser to ensure that the information you are viewing is the most current.

Linked third-party sites

This site may contain links to other websites with information and material produced by other parties. While we endeavour to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations.

Permission for hyperlinks, deep linking, crawlers and metatags

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time. An application for linking must be submitted to clientcare@fmi.co.za. Once received, we will do our best to respond and enter into further discussions with you. If you do not receive a written response from us within five business days, consider your request as having been rejected. Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.

Our intellectual property

We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

  • the material is used for considering use of the online services and for no other commercial purposes;
  • any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety.

The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes. An application to use our intellectual property must be submitted to clientcare@fmi.co.za. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you do not receive a written response from us within five business days, consider your request as having been rejected. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.

Software

You are required to use and maintain hardware and software of sufficient quality and performance capability and to 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 the site not to operate properly or at all. Software, if any, made available for download on or via our site 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 of the use of such software.

NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS SITE ARE FREE OF VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR COMPUTER, DATABASE, NETWORK OR OTHER INFORMATION SYSTEM.

Transmission of information

Information transmitted via an unsecured link over the Internet, including e-mail, is susceptible to potential unlawful access, distortion or monitoring. The measures we have taken to limit these risks are outlined in our privacy policy. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result. To limit these risks, we may request independent verification of any information transmitted by you via the site or e-mail from time to time.

No warranties or representations

We do not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.

Capacity to enter into agreements

You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site.

Certificate

A certificate signed by us will constitute prima facie proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date.

The law governing our relationship

The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.

General provisions

The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms and conditions Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used. 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 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 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. If you have any questions or do not understand anything in these conditions please send an e-mail to clientcare@fmi.co.za and we will respond to you as soon as possible.

PRIVACY

Conflict of Interest Policy

Please click here for the FMI Conflict of Interest Management Policy.

Privacy Policy

We respect your privacy and are committed to protecting the personal information that you share with us. Generally, you can browse through our website without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use that information.

Information collection

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, e-mail address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal interests, and other information needed to provide a service you requested.

When you browse our website, you do so anonymously, unless you have previously indicated that you wish us to remember your login and password. We do not automatically collect personal information, including your e-mail address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. We do not, however, link your IP address to any personal information unless you have logged in to our website. Like many other commercial websites, the FMI website may use a standard technology called a "cookie" to collect information about how you use the site. Please go to "Cookies and tracking technology" below for more information.

We collect personal information when you register with us for a FMI membership account, when you use certain FMI services, when you register to attend a seminar or participate in an online survey, when you ask to be included in an e-mail or other mailing list, or you submit an entry for a competition or other promotions, or when you submit your personal information to us for any other reason. From time to time, we receive personal information from business partners and vendors. We only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.

Access to certain FMI web pages requires a login and a password. The use of those web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and FMI. Unless you request deletion of your personal information as specified below, your personal information may be retained by FMI to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on those pages.

Notice

When personal information is collected, we will inform you of the purpose for the collection at the point of collection. We will not transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion below entitled "Information sharing and disclosure" below.

If you choose to provide us with your personal information, we may only transfer that information within FMI or to FMI’s third-party service providers with your permission. Upon receiving your permission, we may transfer your information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

We will always give you the opportunity to "opt out" of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.

Cookies and tracking technology

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of our website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.

If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you of its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of our website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. However, you do not need to have cookies turned on to use/navigate through many parts of our website, except where access to certain of our web pages may require a user login and password.

How we use information collected

We use information for several general purposes: to fulfil your requests for certain products and services, to personalise your experience on our website, to keep you up to date on the latest product announcements, updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research.

Information sharing and disclosure

Because we offer internationally based products, your personal information may be shared with other business partners or subsidiaries anywhere in the world. All such entities are governed by this privacy policy or are bound by the appropriate confidentiality and data transfer agreements.

Your personal information is never shared outside FMI without your permission, except under conditions explained below. Inside FMI, data is stored in controlled servers with limited access. Through rigorously designed business rules, only a few of our authorised personnel (e.g. system operators and business analysts) have access to this information, and then in predetermined circumstances. Your information may be stored and processed in South Africa or any other country where we, our subsidiaries, affiliates or agents are located.

We may send your personal information to other companies or people under any of the following circumstances: we have your consent to share the information; we need to share your information to provide the product or service you have requested; we need to send the information to companies who work on our behalf to provide a product or service to you (we will provide those companies only the information they need to deliver the service, and they are prohibited from using that information for any other purpose); or we want to keep you up to date on the latest announcements, updates, special offers or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications). We will also disclose your personal information if required to do so by law, to enforce our terms of use, or in urgent circumstances, to protect personal safety, the public or our websites.

Children and privacy

Our websites do not target and are not intended to attract children under the age of 18. We do not knowingly solicit personal information from children under the age of 18 or send them requests for personal information.

Third-party Sites

Our website may contain links to other sites. We do not share your personal information with those websites and are not responsible for their privacy practices nor do we have any control over their collection of personal data. We encourage you to find out about the privacy policies of those companies.

Some of these third-party sites may be co-branded with a FMI logo, even though they are not operated or maintained by us. Although we choose our business partners carefully, we are not responsible for the privacy practices of websites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy policy of the third-party website to determine how they will handle information they collect from you.

Changes to this Privacy Policy

We will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.

No warranties or representations

We do not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.

Questions or suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal information, please e-mail us at clientcare@fmi.co.za.