For purposes of these terms and conditions, unless otherwise indicated by the context of the sentence or clause, the following terms will have these meanings:
1.1 Allan Gray
Allan Gray Namibia Proprietary Limited and Allan Gray Namibia Unit Trust Management Limited, both subsidiaries of Allan Gray Group Proprietary Limited.
1.2 Allan Gray Group
Allan Gray, Allan Gray Group Proprietary Limited and all of their subsidiaries and associate companies addressed as 'we', 'us' or 'our', and each of which includes Allan Gray’s directors, employees, agents, consultants and advisers.
1.3 Authorised Person
Any person who has been authorised by an Investor or a Financial Adviser to act on their behalf through the Website.
1.4 Business Day
Any day other than a Saturday, Sunday or public holiday in Namibia or South Africa.
Refers generally to any person with whom we do business, including Investors, Authorised Persons, Financial Advisers and their assistants.
The Financial Intelligence Act, 2012.
1.7 Financial Adviser
A financial services provider licensed with NAMFISA and who has entered into a financial services provider contract with us to represent Investors who want to, or have invested in, our Products and unit trust funds.
Includes all of our Clients' personal, investment and other confidential information.
A request submitted by a Client instructing us to perform certain services in respect of an investment.
1.10 Intellectual Property Rights
All patents, trademarks, service marks, logos, brand names, or other marks of the Allan Gray Group, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software, and other similar rights or obligations, whether or not registerable, registered or application for registration having been made, in any part of the world. It includes any changes or additions.
Any person who has beneficial ownership of an investment we administer and who, solely or jointly, has entered into a Product related contract with us for the investment.
All claims, demands, penalties, losses, damages, expenses and/or charges of whatsoever nature, including direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage.
1.13 Login Details
The unique user name and secret password required to access a Registered User's Online Account.
The Namibia Financial Institutions Supervisory Authority.
1.15 Online Account
A Registered User's account on the Website and encompasses the Registered User's Login Details, access rights and permissions.
The unit trusts offered through Allan Gray Namibia Unit Trust Management Limited.
1.17 Registered User
A person who has registered via the Website and who we have authorised to login and use their Online Account.
The Allan Gray secure website through which we have enabled Registered Users to access Information and submit Instructions, also referred to as ‘Allan Gray Online’.
Any person who visits or uses the Website, including a Registered User.
1.20 We have inserted the clause headings for convenience only. The headings should not affect your interpretation of the terms.
1.21 Any reference to a person includes a natural and juristic person.
1.22 The rule of construction, that a contract must be interpreted against the party responsible for the drafting or preparation of the contract, does not apply.
1.23 All defined terms are used in title case. You should interpret the same terms appearing in lower case according to their plain English meaning.
1.24 Whenever the words 'including' or 'include', or 'excluding' or 'exclude' is used, together with specific examples, these words will not limit the ambit and/or scope of the example referred to. This applies to all examples used in these terms and conditions.
1.25 References to any Act or enactment will be deemed to include references to the Act or enactment as re-enacted, amended, or extended from time to time.