These Terms and Conditions shall apply to you if you register on and/or use the OUTvest application ("app"). It must be read together with our Privacy Policy. This agreement governs your registration, access and use of the services provided for by the app and it is vital that you read it carefully. Please note that these Terms and Conditions do not govern any investment contract you may conclude with OUTvest.

By accepting these Terms and Conditions and registering on the app, you agree to indemnify all employees, officers, directors and shareholders of OUTvest and/or any related companies within the OUTsurance Group from any loss or damage, whether direct, indirect or consequential, arising from the use of the app.

If you are uncertain or do not agree with any of the Terms and Conditions set out in this agreement, you should not register on or make use of the app.

General terms

You may install and use the app on multiple devices that you control.

You are responsible for ensuring that your mobile device is capable of downloading the app. For full functionality, the app requires Android version 5 and up, as well as iOS version 8 and up. Older versions may experience difficulties or have limited app usage available. You must check for software updates regularly as these may contain certain important updates for the functioning of the app. We do not take any responsibility for loss of functionality due to outdated software or failure to update the app.

No fee is payable for the downloading of the app. You are however responsible for paying all charges and costs of the network service provider that you incur when using the service channels, i.e. data charges. It shall be your responsibility to delete or remove the OUTvest app from your mobile device if you transfer or sell your mobile device to a third person. We will not be held liable for any loss or damages should you fail to do so.

We reserve the right to amend the terms and conditions from time to time.

Privacy

We respect your privacy and therefore any personal information obtained by registering or through the use of our services on the app is subject to our Privacy Policy. Please ensure that you read the Privacy Policy which explains how, why and when we collect, use, share and store your personal information.

You hereby consent that we may monitor and record any communications or internet (or similar related) traffic on the app in order to ensure that users are not acting illegally, unlawfully or in breach of this agreement and to maintain the proper functioning of the app and our services, as well as to detect any unauthorised use thereof.

It is your responsibility to ensure that your username and password are kept secret. OUTvest will not be liable for any loss or damage caused by the authorised or unauthorised use and/or access to your profile on the app by third parties.

Intellectual property

All contents on the app, including all registered and unregistered trademarks, constitutes our intellectual property rights. You may not copy, reproduce, display, reverse engineer or use any of our logos, trademarks, slogans or any other form of intellectual property belonging to us in general and in particular relating to the services through this app in any manner whatsoever without our prior written consent.

Any unauthorised or unlawful use of our intellectual property will result in us taking legal action against you.

Termination of agreement

We may, without prior notice, end your right to use the services provided through the app. This will not affect your investments you may have, your web application profile or any instructions given to us whilst using the services available through the app before the agreement has ended.

We reserve the right to terminate your right to use the services provided through the app should any one or more of the following events occur:

  • You commit fraud or we suspect that you have done so;
  • Where we are under the impression that your behaviour was inappropriate or constitutes misconduct;
  • If you breach this agreement or any part thereof;
  • If the law requires us to do so.

Disclaimer

Use of the app and the related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

Use of this app or the information, products and services available on this app is at the user's own risk. Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we accept no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use and/or reliance upon the information on this app or any actions or transactions resulting there from even if we have been advised of the possibility of such loss, expense, claim or damages.

We are not responsible for any error or delay that may arise as a result of you being unable to access the services due to error on your equipment, software or services provided to you by third parties.

Whilst we will at all times use our best efforts to ensure that our app operates as it was designed, we cannot warrant that the services are compatible with, or will operate with your mobile device. We make no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of our app or as to the accuracy, completeness or reliability of any information obtained from this app.

We also make no warranty or representation, whether express or implied, that the products, information or files available on this app are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, or your hardware or software.

We accept no responsibility for any errors or omissions on our app.

We may, in our sole discretion, at any time, suspend or terminate the operation of our app or any of the products or services provided in terms of this app, without prior notice. We may also at any time discontinue or disable certain parts of the services available through this app for the purposes of maintenance or upgrades or other causes beyond our control. In the event that these service channels are unavailable as stated, we request that you call our contact centre.

All rights remain reserved.