Clucas Gray Online Portal

GENERAL TERMS OF USE

About These Terms Of Use

Your use of our website, Portal and email services is subject to your accepting and complying with our terms of use.
These terms of use constitute a contract between you and Prescient Holdings (Pty) Ltd and its subsidiaries or related parties (hereafter referred to as “Prescient”) and govern the use of this Portal. You may not use the Portal unless you agree to abide by these terms of use. You will signify your agreement with these terms of use and to be bound by them if you use this Portal in any way.
Any reference to the “Portal” shall mean the online platform made available by Prescient. It is not unique to a single look and feel, branding or URL. Similarly, any references to “Portal account” shall mean the credentials by which a user logs into, and obtains access to, the Portal.
Should you not be in agreement or wish not to be bound by these terms and conditions, you must refrain from using this Portal.

Changes To Terms And Conditions

Prescient reserves the right, in our sole discretion, to amend these terms and conditions at any time, in any way and from time to time. It is your responsibility, as user of the Portal, to review the terms and conditions regularly and to ensure that you agree with any amendments made. If you do not agree, please discontinue to use this Portal.

Copyright and Trademark Notice

This Portal and its content are owned by Prescient or its licensors and are protected by copyright and other intellectual property laws. The trademarks, logos and service marks (‘marks’) displayed on this website are registered. All rights not expressly granted are reserved.
You may print or download materials from this website for your personal, non-commercial use provided that:

no materials are modified in any way;
no graphics are used separately from accompanying text;
our copyright and trademark notices appear in all copies and you acknowledge this Portal as source of the material; and
if you have received Prescient’s permission to provide these materials to another person, you ensure that they are made aware of these restrictions.

Failure to adhere to the above will result in a breach of agreement by you and you will be held liable for any civil and or criminal claims, directly or indirectly, as a result of your noncompliance.

Limitation Of Liability

Your use and reliance on this website is entirely at your own risk. The website is provided “as is” and “as available”. The information contained in this website is given for general information and interest purposes only. Prescient shall not be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of these terms of use, your access to the website and from your inability to access the website. We do not accept any liability for any acts or missions resulting from your decision or opinion formed on the basis of your use of the website. Use of the website is at your sole risk. Prescient shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of the website to the maximum extent permitted by law. Prescient do not guarantee that this website will be available all the time or at any specific time, that access will be uninterrupted, that there will be no delays, failure, errors or omissions or loss of transmitted information. Prescient shall not be liable to you for any physical loss or damage to your computer as a result of your use of the website, including any damage arising as a result of a virus. You have sole responsibility for adequate protection and back up of data and/or equipment.
You further acknowledge and agree that fines or liability that Prescient may incur, resulting from your direct or indirect negligent use of the website, that you will be held liable for all civil and criminal related fines or claims.

The Financial Advisory And Intermediary Services Act, 2002

Prescient is an authorised financial services provider in terms of the Financial Advisory and Intermediary Services Act, 2002 and is a member of the Association for Savings and Investment South Africa (‘ASISA’). The information contained on this Portal is not intended to constitute a recommendation, guidance or proposal with regards to the suitability of any product in respect of any financial need you may have. All information contained on this Portal should not be construed, or relied upon, as advice. Any information on this website is not intended to provide nor does it constitute financial, tax, legal, investment, or other advice. If you require financial and/or investment advice, please engage the services of an independent financial adviser.

Other Legislation and Other Jurisdictions

Prescient is licensed under a number of pieces of legislature, both in South Africa and outside of South Africa. Please contact your nearest Prescient office for details on prevailing legislation and any licenses held by Prescient companies.

Portal Disclaimer

The maintenance and integrity of this Portal is the responsibility of Prescient. By accessing the materials made available by Prescient on this Portal, you agree to be bound by all the terms and conditions, which may change from time to time.
While every effort has been made to ensure the accuracy of information contained on this Portal, Prescient and its directors, officers and employees provide no representation or warranty, expressed or implied, regarding the accuracy, completeness or correctness of information contained herein.
Prescient has taken and will continue to take care that all information, insofar as this is under its control, provided on this Portal is true and correct. However, Prescient shall not be responsible for, and therefore disclaims any liability for, any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this Portal.

Online Transacting

The use of this Portal constitute a contract between you and Prescient. An agreement is thus concluded between you and Prescient and you are deemed to have accepted the terms of use each time you visit or use this Portal or register for and/or login to your online account.
Your acceptance of these terms of use will be deemed to have taken place at our head office in Cape Town, South Africa.
Prescient may change the terms of use from time to time. You acknowledge that by accessing the Portal from time to time, you will be bound by the current version of the terms and conditions and all previous versions shall be superseded by the current version. We may change these terms and conditions to cater for amendments to applicable legislation and/or changes in our business needs (amongst other things).

Your Login Details

Your login details serve as your key to access your online Portal account and as your signature for purposes of all actions performed or instructions submitted on your Portal account. The submission of an instruction using your login details shall constitute and have the same effect as a written, signed authority. It is extremely important to protect your login details and keep them secret at all times. You undertake to ensure that your login details are not:

easily accessible
disclosed to any third party; or
the same as those you use for any account (whether online or otherwise) with any third party

Using your login details represents a valid and binding electronic signature and therefore forms the basis for us to:

enable you to access the information permitted by your online account; and
act on your instructions

You remain responsible for any activities that occur on the Portal where your login details have been used to gain access.
If you suspect that the secrecy of your login details has been compromised, or that someone has fraudulently accessed the Portal or submitted a fraudulent instruction on your behalf, you must notify us immediately. Prescient reserves the right in its discretion to reject any instruction received after such notification, or to suspend the processing of all instructions received after such notification, or to deactivate the login details with immediate effect from the time of notification.
Where there has been, or suspected to have been, fraudulent access to, or a fraudulent instruction submitted via the Portal, you will give us your full co-operation in any investigation we may carry out.

Terminating Your Access To The Portal

We reserve the right to terminate your access to the Portal at any time without notice and without providing reasons for the termination. Reasons for the termination may include that:

you do not fulfil one or more of our terms and conditions;
you are no longer legally entitled to access the Information; or
your access no longer complies with our applicable terms and conditions.

Submitting Instructions Via The Portal

When you submit an instruction via the Portal, you warrant that:

all information provided and all supporting documents signed by you in connection with the instruction, whether in your handwriting or not, are current, accurate, true, and complete;
you are legally capable, entitled and authorised to submit the instruction; and
you have complied with all applicable statutory provisions

Prescient is entitled to, and shall, regard all instructions submitted through your login details as having actually originated from you.
You agree that the physical, digital, electronic or similar records held by Prescient of all instructions received via the Portal or physically will constitute prima facie evidence of the contents of the instruction. You confirm that Prescient may accept signed instructions by electronic means.

Use Of The Portal By Financial Advisors

Where you are a Financial Adviser and you use the Portal to access your clients' information or to submit an instruction on a client's investment, you hereby warrant that you are an approved financial services provider registered with the Financial Services Board, with the appropriate product sub-categories as defined in the relevant Codes of Conduct issued in terms of the FAIS Act, and that you hold either:

in respect of a category I licensed financial services provider, your client's express consent and authorisation to submit each particular instruction through the Portal on their behalf; or
in respect of a category II licensed financial services provider, a signed discretionary client mandate authorising you to submit instructions on their behalf.

Prescient reserves the right to review your license and/or to audit or request copies of your client mandates and/or client consents (whichever applicable) for instructions that you have submitted through the Portal at any time.

E-MAIL LEGAL NOTICE

Confidentiality Warning

The contents of any email and any accompanying documentation are confidential and may be subject to legal privilege and client confidentiality. Any use thereof, in whatever form, by anyone other than the addressee is strictly prohibited. If you are not the intended recipient of an email or facsimile, kindly notify the sender by return email, facsimile or telephone, as well as deleting it from your system. You may not copy the email or disclose its contents to any other person, without our express written consent.

Important Information

Prescient has taken and will continue to take care that all information provided in this email is true and correct, in so far as this is under Prescient’s control. Prescient does however, not warrant that this email, the content provided or information contained therein will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality and disclaims any liability for, any loss, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this email. Prescient cannot and will not be held liable for any harm or loss resulting from viruses in this email or accompanying documents, including data corruption resulting therefrom. Prescient disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of this email, its effect on electronic devices or its transmission in an unencrypted medium.

Personal Use By Employees

Prescient is not able to distinguish between business and personal emails. Users who make use of Prescient's email system do so at their own risk and accept responsibility for any actions or consequences that arise from such personal use. Any views or opinions expressed in such emails are those of the individual sender and do not necessarily create obligations on or represent any commitment or view by, or opinion of Prescient. If you are unsure of the content or information contained in an email, it is advised that you seek written confirmation from Prescient before relying on the content and/or information. If an email contains offensive, derogatory or defamatory statements or materials, it means the email has been sent outside the sender's scope of employment with Prescient and therefore only the sender can be held liable in his/her personal capacity.

Electronic Communications

By communicating with us through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfy any legal requirement, including but not limited to the requirement that such communication should be in writing. Unless otherwise agreed, we are only deemed to have received an email once we have confirmed receipt thereof and we are only deemed to have sent an email once reflected as 'sent' on our email server.
Prescient shall not be liable if any variation is affected to any document or correspondence emailed unless the variation has been approved by the sender thereof. Prescient cannot be held liable for any harm or loss resulting from viruses in any message or attachments, including data corruption resulting therefrom. Prescient therefore disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of this message, its effect on electronic devices or its transmission in an unencrypted medium.

PRIVACY POLICY

Prescient respects your privacy and is committed to keeping your information confidential.

Personal Information

In general, you can visit our Portal without having to divulge any personal information about yourself. However, while using this Portal you may provide information about yourself or it may be collected by us.
You may update personal information at any time by e-mailing Prescient. You may also view your personal information that we hold and correct it if necessary on written request to Prescient.
Access to your personal information held by Prescient may also be requested by yourself or third parties. The Promotion of Access to Information Act, 2 of 2000 regulates and sets out the procedure for such a request and under what circumstances such access may be refused.

Use Of Information

Personal information is used as is appropriate in the normal course of business to provide the products and services you have requested. We may retain any information for purposes of investment transaction processing and administration, to monitor our site or to communicate directly with you.

Sharing Of Information

All personal information supplied to Prescient or collected by us is kept strictly confidential and will not be given or sold to any third parties. Prescient will disclose or report personal information if and when required to do so by law or any regulatory authority, and to our employees, or agents who require such information to carry out their duties.

Security of Information

We take all reasonable steps to protect your personal information, including the use of encryption technology. We can however not guarantee the security of any information you transmit to us electronically and you do so at your own risk.

Contact Details

Physical Address

Postal Address