Client of Standard Bank Plc

Website Terms and Conditions of Access

  1. Access to the Website

    1. Standard Bank Plc ("Standard Bank") maintains this website (the "Site") to enable those of its clients (“Clients”) who are authorised to do so to access and utilise Standard Bank’s eMarketTrader platform ("Trading Platform").The Site is intended for their use only and access to or information available on the Site should not be made available or passed to any other parties.
    2. This Site and the services accessible through it (the “Services”) are available to and intended for use only by Clients who are located in countries where such use does not constitute a violation of applicable legislation or regulations. By accessing the password protected section of this Site you acknowledge and confirm that you are such a Client.
    3. The use of this Site and the Services are subject to these website terms and conditions of access (the "Online Terms"), to the client service contract entered into between Standard Bank and you together with its related schedules (the “Client Service Contract”) and any other applicable terms and conditions of Standard Bank in respect of the Service (such Online terms, Client Services Contract and other applicable terms and conditions the “Applicable Terms”).In the event of any inconsistency between these Online Terms and the terms of the Client Service Contract the terms of the Client Service Contract will prevail.
    4. By accessing and/or utilising any Service on the Site and/or Trading Platform, you warrant and agree that you have reviewed the Site, have read understood and accept the Applicable Terms.
    5. Standard Bank may amend these Online Terms from time to time at its discretion and without prior notice. You agree to be bound by the current version of the Online Terms published here at the time you access the Site. A certificate signed by the administrator responsible for maintaining the Site and/or Trading Platform will be prima facie proof of the date of publication and content of the current version and all previous versions of the Online Terms.
    6. Standard Bank reserves the right, in its sole discretion, at any time to change, suspend, or discontinue any aspect, service or feature of the Site without notice, or to reject any application to access this Site or utilise the Services or any part thereof available through this Site or impose limitations or conditions on such access or use.
  2. Intellectual Property in the Site

    1. The Site and the Trading Platform are the property of Standard Bank and/or its affiliates (collectively the "Standard Bank Group").You acknowledge that Standard Bank and/or members of the Standard Bank Group (or their licensors) are the proprietor of all material on the Site and the Trading Platform, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
    2. The contents of this Site and/or Trading Platform may not be copied or reproduced in whole or in part without the prior written consent of Standard Bank.
    3. The unauthorised copying, reproduction, distribution, dissemination, sale, publication or other use of this material and the trade marks, logos or service marks (whether registered or not) of the Standard Bank Group constitute an infringement of such property rights.
    4. The logos and trademarks shown on the Site and/or Trading Platform are registered and unregistered trademarks of a member of the Standard Bank Group or their licensors. Nothing on the Site and/or the Trading Platform should be construed as granting any licence or right to use any trademark without Standard Bank Group's prior written permission and/or that of its licensors, as the case may be.
  3. Availability of the Site, trading platform and related Services

    1. Standard Bank shall not be liable for any interruption, malfunction, downtime or other failure of this Site and/or the Services provided through it or any component part of the Site and/or such Services (as the case may be) for whatever reason.
  4. Communicating through the Site

    1. You authorise Standard Bank to treat any communication purporting to emanate from you delivered through the site as your authentic communication and will not be required to authenticate any such communication. You agree that any communication made by you through the Site is solely at your risk.
    2. In the event that the Site and/or the Services provided through the Site is/are suspended or unavailable for any reason whatsoever, you have the option of contacting Standard Bank's contact centre by e-mailing cs@standardbank.com, or by contacting one of the following client service desks during business operating hours:

      • South Africa / Africa: +27 (11) 415 4600

      Any such communication shall still be subject to the Applicable Terms.
  5. General Security issues

    1. Whilst reasonable precautions have been taken, Standard Bank does not warrant that this Site and/or the Services provided through this Site or any downloads via the Site and/or Trading Platform are free from viruses or destructive code.
    2. Standard Bank shall not be liable for any damage or loss arising out of any person's access to or inability to access the Site and/or such Services, including but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
    3. This Site and/or Trading Platform may contain links to other websites with information and material produced by other parties. Whilst Standard Bank’s policy is to provide links only to reputable websites, a link from the Site and/or Trading Platform to any other website does not mean that Standard Bank has reviewed, approved or endorses the information on such websites or the owners or administrators of such websites or their business or security practices and operations and the Standard Bank Group accepts no responsibility or liability for such other websites or the contents thereof.
    4. Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Site and/or the Trading Platform or any subsidiary pages before receiving Standard Bank's prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
    5. In the event that you are in breach of these Online Terms you agree to indemnify Standard Bank for the costs of any legal proceedings it may take against you as a result of or in response to such breach.
    6. Standard Bank's commitment to your privacy and the security of your personal information is outlined in its Privacy and Security Statement. Please note that by submitting personal data you are consenting to such data being processed for the purposes referred to that statement.
    7. Standard Bank does not warrant that the contents of this Site, including but not limited to any tools such as calculators, software, information provided by Standard Bank or any of its third party service providers, will be error free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality and expressly disclaim all such implied warranties.
    8. Standard Bank Group accepts no liability for any use of or reliance on any opinions, valuations, estimates, forecasts or any similar information which may be included in the information on this Website. All opinions, estimates and findings contained on the Site may be changed at any time without notice.
    9. There may be legal and tax implications to consider in relation to any product or course of action and you should satisfy yourself as to such matters before making any investment or trading decision. Nothing contained on the Site and/or comprised in the Services or Trading Platform constitutes investment, legal, tax or other advice or should be construed as an expression of opinion or recommendation as to the appropriateness or suitability or risk profile of a particular product or course of action, either to your particular circumstances or generally.
    10. This Site is not for use by any person in any jurisdiction where for any reason this Site and/or Trading Platform's publication or availability is prohibited and any person to whom such prohibition applies may not access this Site and/or Trading Platform. Any person who accesses this Site and/or Trading Platform does so on their own initiative and is responsible for compliance with the applicable laws and regulations. Legal advice should be sought in cases of doubt.
  6. Governing Law

    1. These Online Terms are governed by and shall be construed in accordance with English law.
  7. Interpretation

    1. For the purposes of the Client Service Contract this Site is the “Website” and these Online terms constitute “User Information”. Headings are included for ease of reference only and shall not affect the construction hereof.

Privacy and Security Statement

We, Standard Bank plc, treat personal information obtained through the use of this website (being the “Website” as such term is defined in the Client Service Contract) or eMarketTrader platform (“Trading Platform”) as private and confidential and are committed to providing you with secure access to our online services.

How do we use the personal information we collect?

We need to collect personal or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs. In particular, we may collect personal data about you such as your name, address, telephone number, email address details and other information as part of the registration process for this website or for the Trading Platform and during your use of it.

You also agree that the Standard Bank has the right to transfer personal data to its associates and affiliates and service providers, whether inside or outside the EEA, for the purpose of providing our services to you.

Use of technology to monitor your use of our website or Trading Platform

We gather and analyse information on our visitors' routine use of this website or Trading Platform. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value added service. This information is pooled so individual personal information, behaviour or patterns cannot be identified.

Cookies

On some parts of our website we use so called "cookie" technology. Cookies are small pieces of data or a small text file which are given to your browser by our webserver when you visit our website. This data is stored on your device. The cookie is sent back to our webserver each time you visit our website or Trading Platform. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies enable us to provide a more valuable online experience to you. We also use cookies to assist us in tracking your use of the application, so that we can use that information to improve the platform. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website or Trading Platform and our Service (as defined in the Client Service Contract) may not function properly, or at all.

Your use of the website and the Trading Platform signifies your consent to use of cookies in this manner.

Third Parties

Our website or Trading Platform may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

When we will disclose personal information without consent?

We will not disclose personal information to anyone outside Standard Bank without your permission unless:

  • we are compelled to do so by law or in terms of a court order;
  • it is in the public interest to do so; or
  • it is necessary to protect our rights; or
  • we need to provide the information to any person that is providing a service to us; or
  • we assign the relevant part of our business; or
  • we are otherwise permitted by law.

Storing personal information

We use appropriate security measures in compliance with data protection laws to safeguard the storage of any personal information we collect via the website or Trading Platform.

Our security practices

We are committed to providing secure online services. As such, all interactions with our transactional sites are protected through encryption that complies with international standards. Encryption is used to protect the transmission of your personal information when completing online application forms. Our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorised personnel only. We have also employed the services of independent security experts to test and advise us on the security of our systems. To ensure that you benefit from our security you should read the security tips we post on our website from time to time.

Privacy and security statements applying to specific online services

Different online services and other Standard Bank Group entities may have their own privacy and security policies because the nature of their service or products demand a deviation from our general policy as set out herein. These specific policies will apply to and exclusively govern your use of the particular online or banking service.

Right to amend this privacy and security statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

Questions

If you have any questions about this privacy and security statement, please email us on cs@standardbank.com.

Client of Standard Bank of South Africa

Conditions of Access

  • The Standard Bank of South Africa Limited ("Standard Bank") maintains this website (the "Site", being the “Website” as such term is defined in the Client Service Contract) and the Service (as defined in the Client Service Contract) made available on the eMarketTrader platform ("Trading Platform").
  • Each Service is subject, in addition to these terms and conditions ("Online Terms", qualifying as “User Information” as such term is defined in the Client Service Contract), to the terms and conditions of the Client Service Contract as well as any other requisite terms and conditions of Standard Bank in respect of each Service.
  • By accessing and/or utilising any Service on the Site and/or Trading Platform, you the Client (as defined in the Client Service Contract), agree that you have reviewed the Site and/or Trading Platform in its entirety, that you have read the disclaimer in respect of the Site and/or Trading Platform, accepted the terms and conditions applicable to the Service, the Client Service Contract (including each relevant schedule thereto) and other agreements applicable to the relevant Service including all legal and regulatory terms and are conversant with and understand such terms and conditions and the applicable legislation and regulations which includes but is not limited to the applicable exchange control regulations.
  • Standard Bank may amend the Online Terms from time to time. By accessing this Site and/or the Trading Platform you are bound to the version of the Online Terms published here at the time of any visit to the Site and/or Trading Platform. You agree to view and be bound to the current version each time you access the Site and/or Trading Platform. A certificate signed by the administrator responsible for maintaining the Site and/or Trading Platform will be prima facie proof of the date of publication and content of the current version and all previous versions of the Online Terms.
  • Standard Bank reserves the right at any time to change or discontinue any aspect, service or feature of the Site and/or the Trading Platform or Service without notice.
  • Standard Bank reserves the right to reject, in its sole discretion, any application for Service contained on this Site and/or Trading Platform or otherwise received by Standard Bank.
  • Standard Bank may also impose limits or conditions on the right to a certain Service, features or functions and it may restrict access to parts of or all of each Service on the Site and/or the Trading Platform.
  • You hereby warrant to Standard Bank that you have the required legal capacity to enter into and be bound by contractual terms.
  • Copyright subsists in the Site and the Trading Platform and the unauthorised copying, reproduction, distribution, dissemination, sale, publication or other use of this material and the trade marks, logos or service marks (whether registered or not) of Standard Bank and any of its affiliates, subsidiaries, shareholders, agents, consultants, directors, officers or employees or its holding company (collectively "Standard Bank Group ") shall constitute an infringement of the relevant intellectual property laws. For the avoidance of doubt, “Standard Bank Group” shall include Standard Bank.
  • The logos and trademarks shown on the Site and/or Trading Platform are registered and unregistered trademarks of Standard Bank or that of third parties. Nothing on the Site and/or the Trading Platform should be construed as granting any license or right to use any trademark without Standard Bank's prior written permission and/or that of third parties, as the case may be. You may not, without Standard Bank's prior written permission, use any of the intellectual property for any other purposes. An application to use the intellectual property must be submitted to cs@standardbank.com. Upon receiving your application, Standard Bank will respond and enter into further discussions with you. If you do not get a written response from Standard Bank within 5 (five) Business Days (which excludes Saturdays, Sundays and public holidays in the Republic of South Africa), consider your request as rejected.
  • Irrespective of the existence of copyright, you acknowledge that Standard Bank is the proprietor of all material on the Site and/or the Trading Platform, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
  • Standard Bank shall not be liable for any interruption, malfunction, downtime or other failure of this Site and/or the Trading Platform or any component part of the Site and/or the Trading Platform (as the case may be) for whatever reason.
  • Standard Bank may modify, suspend or discontinue the Site and/or the Trading Platform, whether temporarily or permanently, without notice.
  • You authorise Standard Bank to act on any instruction and/or Transaction Request purporting to emanate from you (including from any of your “Users”, as defined in the Client Service Contract) whether in written, electronic or any other format. Standard Bank will not be required to authenticate any instruction and/or Transaction Request and Standard Bank Group shall not be held liable as a result of the unauthorised use of your Password (as defined in the Client Service Contract), which must be kept secret and secure by you, the Client (including any of your Users), at all times. If you discover that your Password has been compromised in anyway whatsoever, you must immediately contact Standard Bank.
  • Standard Bank will use its reasonable endeavours to carry out all instructions and/or Transaction Requests received from you (including any of your Users) through this Site and/or Trading Platform. However, you shall not hold Standard Bank Group liable for, and hereby indemnify Standard Bank Group against, any claim arising from the late or delayed processing of your instructions and/or Transaction Requests. You agree that any such instruction and/or Transaction Request issued through the Trading Platform is solely at your risk.
  • In the event that the Site and/or the Trading Platform is suspended or unavailable for any reason whatsoever, you have the option of contacting Standard Bank's contact centre by e-mailing cs@standardbank.com, or by contacting one of the following client service desks during business operating hours:
  • South Africa: +27 (11) 415 4600 International: +44 (0) 203 145 5560
  • By accessing and utilising this Site and/or the Trading Platform you do so on your own initiative and on your own risk, and are responsible for your compliance with applicable laws and regulations.
  • Whilst all reasonable precautions have been taken, Standard Bank does not warrant that this Site and/or the Trading Platform or any downloads via the Site and/or Trading Platform are free from viruses or destructive code. Standard Bank Group shall not be liable for any damage or injury arising out of any person's or entity's access to or inability to access the Site and/or the Trading Platform. This limitation includes, but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
  • This Site and/or Trading Platform may contain links to other websites with information and material produced by other parties. Whilst Standard Bank tries to provide links only to reputable websites, it cannot accept responsibility or liability for the information provided on other websites. A link from the Site and/or Trading Platform to any other website does not mean that Standard Bank has scrutinised or endorsed the owners or administrators of such websites or their business or security practices and operations.
  • Consulting the Site and/or Trading Platform does not constitute a customer relationship and Standard Bank shall not have any duty or incur any liability or responsibility towards any person or entity as a result of such person or entity consulting the Site and/or Trading Platform.
  • There are risks associated with online trading and utilising an Internet based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connections. Since Standard Bank does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connections, it cannot be responsible for communication failures, distortions or delays when trading online. Standard Bank employs backup systems and contingency plans to minimise the possibility of system failure.
  • Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Site and/or the Trading Platform or any subsidiary pages before receiving Standard Bank's 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 cs@standardbank.com. Once received, Standard Bank will do its best to respond and enter into further discussions with you. If you do not get a written response from Standard Bank within 5 (five) Business Days (as defined in the Client Service Contract), consider your request rejected. Breach of these conditions entitles Standard Bank to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to Standard Bank on an attorney and own client scale.
  • Standard Bank's commitment to your privacy and the security of your personal information is outlined in its Privacy and Security Statement.
  • The Site and/or the Trading Platform are intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations.
  • The Trading Platform calculates all dates and times based on UTC (Coordinated Universal Time). The display of dates and times in different time zones are for convenience purposes only and discrepancies from UTC may occur on dates and times due to changes in day light savings times and similar issues. In case of discrepancies or disputes, UTC time will always prevail.

Disclaimer

No material or publication on this website ("Site", being the “Website” as such term is defined in the Client Service Contract) and/or eMarketTrader platform (“Trading Platform”) constitutes an offer or the solicitation of an offer for the sale or purchase of any security or financial instrument. Whilst The Standard Bank of South Africa Limited (“Standard Bank”) has taken care to ensure that the content and Service (as defined in the Client Service Contract) on the Site and/or Trading Platform are accurate, it does not warrant that the Site and/or Trading Platform, any tools such as calculators, software, information provided by Standard Bank or any of its third party service providers, content or other services will be error free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality and expressly disclaim all such implied warranties. Whilst all reasonable precautions have been taken, Standard Bank does not warrant that the Site and/or Trading Platform or any downloads via the Site and/or Trading Platform are free from viruses or destructive code. Standard Bank and any of its affiliates, subsidiaries, shareholders, agents, consultants, directors, officers or employees or its holding company (collectively “Standard Bank Group ”) shall not be held liable for any damages whatsoever relating to your use of the Site and/or Trading Platform or the Service offered or information made available on the Site and/or Trading Platform or your inability to use the Site and/or Trading Platform or any of the information or services. For the avoidance of doubt, “Standard Bank Group” shall include Standard Bank. This includes without limitation any direct, indirect, special, incidental and consequential or punitive damages howsoever arising and regardless of whether Standard Bank Group was advised of the possibility of such loss or damage. Whilst every care has been taken in publishing information on the Site and/or Trading Platform, no representation, warranty or undertaking (express or implied) is given and neither responsibility nor liability is accepted by Standard Bank Group as to the accuracy of the information contained herein. Standard Bank Group cannot be held liable for the use of and reliance on these opinions, estimates and findings. All opinions, estimates and findings contained on the Site and/or Trading Platform may be changed after publication at any time without notice. The information contained on the Site and/or Trading Platform is not intended as advice. Should the information lead you to consider entering into any transaction in relation to the financial product you must take note of the following: there are intrinsic risks involved in transacting in any of the products; no guarantee is provided for the investment value in a product; any forecasts based on hypothetical data are not guaranteed and are for illustrative purposes only; returns may vary as a result of their dependence on the performance of underlying assets and other variable market factors; past performances are not necessarily indicative of future performances; unless a financial needs analysis has been conducted to assess the appropriateness of the product, investment or structure to your unique particular circumstances, Standard Bank cautions you that there may be limitations on the appropriateness of the information for your purposes and you should take particular care to consider the implications of entering into the transaction, either on your own or with the assistance of an investment professional. There may be various tax implications to consider when investing in the product and you must be aware of these implications before investing. Standard Bank Group does not accept liability for the tax treatment by any court or by any authorities in any jurisdiction in relation to any transaction based on the information. It is strongly recommended that individual tax advice be sought before entering into any such transaction. Standard Bank Group may have long or short positions in currencies or securities mentioned on the Site and/or Trading Platform or related investments, and may add to, dispose of or effect transactions in such currencies, securities or investments for their own account and may perform or seek to perform advisory or banking services in relation thereto. The contents of this Site and/or Trading Platform may not be copied or reproduced in whole or in part without the prior written consent of Standard Bank. This Site and/or Trading Platform is not directed at any person in any jurisdiction where for any reason this Site and/or Trading Platform's publication or availability is prohibited and any person to whom such prohibition applies may not access this Site and/or Trading Platform. Any person who accesses this Site and/or Trading Platform does so on their own initiative and is responsible for compliance with the applicable laws and regulations. Legal advice should be sought in cases of doubt. These web pages will only be registered in South Africa and will not be registered under the securities laws of any other jurisdiction including the United Kingdom and the United States of America. Disclaimer with respect to FATCA content on this site: None of the products and no Service listed on or provided via this Site is being offered to any natural person resident there, or any corporation, partnership, limited liability company, business or other trust, association, joint-stock company, fund or any form of enterprise similar to any of the foregoing, in each case that is organised or incorporated under the laws of the United States of America, or any other person or entity that would otherwise constitute a US Person. Standard Bank’s commitment to your privacy and the security of your personal information is outlined in its Privacy and Security statement Any use of this Site and/or Trading Platform is subject, in addition to the “Online Terms”, to the terms and conditions of the Client Service Contract and any other requisite terms and conditions of Standard Bank in respect of each Service as amended from time to time.

Privacy and Security Statement

Your right to privacy and security is very important to us. We, The Standard Bank of South Africa Limited , treat personal information obtained through the use of this website (being the “Website” as such term is defined in the Client Service Contract) or eMarketTrader platform (“Trading Platform”) as private and confidential and are committed to providing you with secure access to our online services. We voluntarily subscribe to the principles set out in Section 51 of the Electronic Communications and Transactions Act, 25 of 2002, which govern the electronic collection of personal information. How do we use the personal information we collect? We need to collect personal or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs. Use of technology to monitor your use of our website or Trading Platform We gather and analyse information on our visitors' routine use of this website or Trading Platform. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value added service.

Cookies

On some parts of our website we use so called "cookie" technology. Cookie technology consists of small pieces of data or a small text file which is given to your browser by our webserver when you visit our website. This data is stored on your browser. The cookie is sent back to our webserver each time you visit our website or Trading Platform. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website or Trading Platform and our Service (as defined in the Client Service Contract) may not function properly, or at all.

Third Parties

Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers' personal information to perform such services. Our website or Trading Platform may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

When we will disclose personal information without consent?

We will not disclose personal information to anyone outside Standard Bank without your permission unless:

  • we are compelled to do so by law or in terms of a court order;
  • it is in the public interest to do so; or
  • it is necessary to protect our rights.

Storing personal information

Personal information we collect via the website or Trading Platform is stored in a secure environment and is not available to any person outside Standard Bank.

Our security practices

We are committed to providing secure online services. As such, all interactions with our transactional sites are protected through encryption that complies with international standards. Encryption is used to protect the transmission of your personal information when completing online application forms. Our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorised personnel only. We have also employed the services of independent security experts to test and advise us on the security of our systems. To ensure that you benefit from our security you should read the security tips we post on our website from time to time.

Privacy and security statements applying to specific online services

Different online services and The Standard Bank of South Africa Limited's or any other Standard Bank Group entities may have their own privacy and security policies because the nature of their service or products demand a deviation from our general policy as set out herein. These specific policies will apply to and exclusively govern your use of the particular online or banking service.

Right to amend this privacy and security statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

Questions

If you have any questions about this privacy and security statement, please email us on cs@standardbank.com.

Client of Standard Bank Mauritius

Website Terms and Conditions of Access

  1. Access to the Website

    1. Standard Bank South Africa maintains this website (the "Site") to enable its clients and the clients of its affiliates (“Clients”) who are authorised to do so to access and utilise Standard Bank’s eMarketTrader platform ("Trading Platform").The Site is intended for their use only and access to or information available on the Site should not be made available or passed to any other parties.
    2. This Site and the services accessible through it (the “Services”) are available to and intended for use only by Clients who are located in countries where such use does not constitute a violation of applicable legislation or regulations. By accessing the password protected section of this Site you acknowledge and confirm that you are such a Client.
    3. The use of this Site and the Services are subject to these website terms and conditions of access (the "Online Terms"), to the client service contract entered into between Standard Bank (Mauritius) Limited (hereafter "Standard Bank") and you together with its related schedules (the “Client Service Contract”) and any other applicable terms and conditions of Standard Bank in respect of the Service (such Online terms, Client Services Contract and other applicable terms and conditions the “Applicable Terms”).In the event of any inconsistency between these Online Terms and the terms of the Client Service Contract the terms of the Client Service Contract will prevail.
    4. By accessing and/or utilising any Service on the Site and/or Trading Platform, you warrant and agree that you have reviewed the Site, have read understood and accept the Applicable Terms.
    5. Standard Bank may amend these Online Terms from time to time at its discretion and without prior notice. You agree to be bound by the current version of the Online Terms published here at the time you access the Site. A certificate signed by the administrator responsible for maintaining the Site and/or Trading Platform will be prima facie proof of the date of publication and content of the current version and all previous versions of the Online Terms.
    6. Standard Bank reserves the right, in its sole discretion, at any time to change, suspend, or discontinue any aspect, service or feature of the Site without notice, or to reject any application to access this Site or utilise the Services or any part thereof available through this Site or impose limitations or conditions on such access or use.
  2. Intellectual Property in the Site

    1. The Site and the Trading Platform are the property of Standard Bank and/or its affiliates (collectively the "Standard Bank Group").You acknowledge that Standard Bank and/or members of the Standard Bank Group (or their licensors) are the proprietor of all material on the Site and the Trading Platform, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
    2. The contents of this Site and/or Trading Platform may not be copied or reproduced in whole or in part without the prior written consent of Standard Bank.
    3. The unauthorised copying, reproduction, distribution, dissemination, sale, publication or other use of this material and the trade marks, logos or service marks (whether registered or not) of the Standard Bank Group constitute an infringement of such property rights.
    4. The logos and trademarks shown on the Site and/or Trading Platform are registered and unregistered trademarks of a member of the Standard Bank Group or their licensors. Nothing on the Site and/or the Trading Platform should be construed as granting any licence or right to use any trademark without Standard Bank Group's prior written permission and/or that of its licensors, as the case may be.
  3. Availability of the Site, trading platform and related Services

    1. Standard Bank shall not be liable for any interruption, malfunction, downtime or other failure of this Site and/or the Services provided through it or any component part of the Site and/or such Services (as the case may be) for whatever reason.
  4. Communicating through the Site

    1. You authorise Standard Bank to treat any communication purporting to emanate from you delivered through the site as your authentic communication and will not be required to authenticate any such communication. You agree that any communication made by you through the Site is solely at your risk.
    2. In the event that the Site and/or the Services provided through the Site is/are suspended or unavailable for any reason whatsoever, you have the option of contacting Standard Bank's contact centre. Details as follows:

      eCommerce Client Services
      Email:           cs@standardbank.com
      Telephone:    +27 (11) 415 4600

      Business Operating hours are from Monday to Friday 8:00am to 5pm SA Time (GMT +2) excluding SA public holidays.

      Any such communication shall still be subject to the Applicable Terms.

  5. General Security issues

    1. Whilst reasonable precautions have been taken, Standard Bank does not warrant that this Site and/or the Services provided through this Site or any downloads via the Site and/or Trading Platform are free from viruses or destructive code.
    2. Standard Bank shall not be liable for any damage or loss arising out of any person's access to or inability to access the Site and/or such Services, including but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
    3. This Site and/or Trading Platform may contain links to other websites with information and material produced by other parties. Whilst Standard Bank’s policy is to provide links only to reputable websites, a link from the Site and/or Trading Platform to any other website does not mean that Standard Bank has reviewed, approved or endorses the information on such websites or the owners or administrators of such websites or their business or security practices and operations and the Standard Bank Group accepts no responsibility or liability for such other websites or the contents thereof.
    4. Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Site and/or the Trading Platform or any subsidiary pages before receiving Standard Bank's prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
    5. In the event that you are in breach of these Online Terms you agree to indemnify Standard Bank for the costs of any legal proceedings it may take against you as a result of or in response to such breach.
    6. Standard Bank's commitment to your privacy and the security of your personal information is outlined in its Privacy and Security Statement. Please note that by submitting personal data you are consenting to such data being processed for the purposes referred to that statement.
    7. Standard Bank does not warrant that the contents of this Site, including but not limited to any tools such as calculators, software, information provided by Standard Bank or any of its third party service providers, will be error free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality and expressly disclaim all such implied warranties.
    8. Standard Bank Group accepts no liability for any use of or reliance on any opinions, valuations, estimates, forecasts or any similar information which may be included in the information on this Website. All opinions, estimates and findings contained on the Site may be changed at any time without notice.
    9. There may be legal and tax implications to consider in relation to any product or course of action and you should satisfy yourself as to such matters before making any investment or trading decision. Nothing contained on the Site and/or comprised in the Services or Trading Platform constitutes investment, legal, tax or other advice or should be construed as an expression of opinion or recommendation as to the appropriateness or suitability or risk profile of a particular product or course of action, either to your particular circumstances or generally.
    10. This Site is not for use by any person in any jurisdiction where for any reason this Site and/or Trading Platform's publication or availability is prohibited and any person to whom such prohibition applies may not access this Site and/or Trading Platform. Any person who accesses this Site and/or Trading Platform does so on their own initiative and is responsible for compliance with the applicable laws and regulations. Legal advice should be sought in cases of doubt.
  6. Governing Law

    1. These Online Terms are governed by and shall be construed in accordance with the laws of the Republic of Mauritius.
  7. Interpretation

    1. For the purposes of the Client Service Contract this Site is the “Website” and these Online terms constitute “User Information”. Headings are included for ease of reference only and shall not affect the construction hereof.

Privacy and Security Statement

We, Standard Bank (Mauritius) Limited, treat personal information obtained through the use of this website (being the “Website” as such term is defined in the Client Service Contract) or eMarketTrader platform (“Trading Platform”) as private and confidential and are committed to providing you with secure access to our online services.

How do we use the personal information we collect?

We need to collect personal or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs. In particular, we may collect personal data about you such as your name, address, telephone number, email address details and other information as part of the registration process for this website or for the Trading Platform and during your use of it.

You also agree that the Standard Bank has the right to transfer personal data to its associates and affiliates and service providers for the purpose of providing our services to you.

Use of technology to monitor your use of our website or Trading Platform

We gather and analyse information on our visitors' routine use of this website or Trading Platform. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value added service. This information is pooled so individual personal information, behaviour or patterns cannot be identified.

Cookies

On some parts of our website we use so called "cookie" technology. Cookies are small pieces of data or a small text file which are given to your browser by our webserver when you visit our website. This data is stored on your device. The cookie is sent back to our webserver each time you visit our website or Trading Platform. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies enable us to provide a more valuable online experience to you. We also use cookies to assist us in tracking your use of the application, so that we can use that information to improve the platform. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website or Trading Platform and our Service (as defined in the Client Service Contract) may not function properly, or at all.

Your use of the website and the Trading Platform signifies your consent to use of cookies in this manner.

Third Parties

Our website or Trading Platform may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

When we will disclose personal information without consent?

We will not disclose personal information to anyone outside Standard Bank Group without your permission unless:

  • we are compelled to do so by law or in terms of a court order;
  • it is in the public interest to do so; or
  • it is necessary to protect our rights; or
  • we need to provide the information to any person that is providing a service to us; or
  • we assign the relevant part of our business; or
  • we are otherwise permitted by law.

Storing personal information

We use appropriate security measures in compliance with data protection laws to safeguard the storage of any personal information we collect via the website or Trading Platform.

Our security practices

We are committed to providing secure online services. As such, all interactions with our transactional sites are protected through encryption that complies with international standards. Encryption is used to protect the transmission of your personal information when completing online application forms. Our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorised personnel only. We have also employed the services of independent security experts to test and advise us on the security of our systems. To ensure that you benefit from our security you should read the security tips we post on our website from time to time.

Privacy and security statements applying to specific online services

Different online services and other Standard Bank Group entities may have their own privacy and security policies because the nature of their service or products demand a deviation from our general policy as set out herein. These specific policies will apply to and exclusively govern your use of the particular online or banking service.

Right to amend this privacy and security statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

Questions

If you have any questions about this privacy and security statement, please email us on cs@standardbank.com.

Client of Standard Bank Namibia

Terms of Use

The website hosted at https://www.emarkettrader.standardbank.com (the "Website") is owned and operated by The Standard Bank of South Africa Limited on behalf of Standard Bank Namibia Limited ("we" or "us"). We advise you to read these Terms & Conditions (the "Terms") carefully before using the Website. By accessing and/or using the Website you are deemed to accept and be bound by these Terms, therefore if you do not wish to be bound by these Terms you should not access or use the Website. These Terms supplement the Client Service Contract which you have entered into with us, and to the extent that these Terms conflict with any provision of the Client Service Contract the Client Service Contract shall prevail. The content published on the Website, and in particular the products and services available on it, does not constitute advice. It is your responsibility to comply with applicable local laws, including ensuring that your access and/or use not only complies with the Terms, but also with the laws of the jurisdiction from which your use or access is made.

  1. Access to the Website

    1. Whilst we try to ensure that access to the Website is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Website without notice and reserve the right to do so, whether for the purpose of servicing the Website or otherwise. We do not warrant that the Website, or any part of it, will be available at all times, and you acknowledge and accept this. Subject to clause 4, we accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Website or any part of it at any time.
    2. We reserve the right to withdraw and/or amend services or content on the Website without notice and we accept no liability, no matter how that may be caused, arising from us doing so.
    3. By accessing the Website, you are indicating that you have read our Terms of Business and have agreed to a Client Service Contract and are willing for us to deal with your data as set out in those documents, and as may be further described on the relevant pages on the Website. We may terminate or suspend, with or without cause and with or without prior notice, all or any part of the Website or your access to the Website or the format, nature, composition or availability of the services available on the Website. You shall and shall ensure that your users take all appropriate security and confidentiality measures in relation to their use of the Website. You shall be responsible and liable for your users' compliance with your obligations under the Client Service Contract, including their obligation of secrecy and confidentiality with regards to their login details and passwords. All actions (unless you have requested that a user’s login details be blocked in accordance with the Client Service Contract) conducted using your login details shall be deemed to be conducted by you, and you shall therefore be responsible for those actions.
    4. Whilst we endeavour to ensure that all the information included on the Website is correct, up to date and complete, we are not obliged to identify to you any content which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Website or its content, including but not limited to financial information published by us on the Website (such as any annual reports or forecast statements), and we accept no liability, no matter how that may be caused, arising from any information which is not correct, up to date, complete, or which has been superseded.
  2. Permitted Use and Access

    1. You may not copy or make commercial use of the Website or any of the content including, but not limited to, information, imagery or data from, or underlying, the Website without obtaining our express written permission to do so.
    2. You may not misuse the Website, or any information, imagery or data from or underlying it, for or in connection with any unlawful or criminal purpose, including but not limited to hacking, phishing, or other intrusions or attempted intrusions or unlawful use of information or data.
    3. If you do not comply with your obligations set out in these Terms, or otherwise act in a way which we consider, at our sole and absolute discretion, to be inconsistent with our continued provision of services to you, we may revoke the rights granted to you in clauses 2.1 and 2.2, and we reserve the right to take any further action which we consider to be appropriate.
    4. You indemnify us to the fullest extent possible for any loss or damage suffered by us which arises out of or in connection with a breach by you of clauses 2.1 or 2.2.
  3. Intellectual Property Rights

    1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in and to the Website and its content, including but not limited to copyright and unregistered and registered trade mark rights. All such rights, save as expressly granted, are reserved, and the benefit of any goodwill which arises through your use inures to us.
    2. If you are unsure as to whether any sign or logo is a trade mark owned or licensed by us or a member of our group, please contact us for clarification at our registered office address detailed in clause 8 below.
    3. Reproduction in any form of any part of the content, information, imagery or data from, or underlying, the Website, save for in strict compliance with clause 2, is prohibited without our prior written consent.
  4. General Exclusions of Liability

    1. You access and use the Website and the information published on it at your own risk.
    2. Nothing published on the Website is intended to constitute advice in any form or manner whatsoever.
    3. We accept no liability, no matter how that may be caused, and whether directly or indirectly, for any loss or damage caused to you or another (including but not limited to loss of income, business, profits, opportunity, contracts, actual or anticipated savings, data, reputation or goodwill) arising from your use of the Website.
    4. We accept no liability for changes made to the Website or its content by unauthorised third parties.
    5. We hereby exclude any express or implied warranties that any material used or downloaded from the Website will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, Trojan Horses or worms. We accept no liability for any such loss or damage suffered by you or another as a result of your use of the Website.
    6. Whilst we maintain robust security mechanisms, we cannot guarantee the security of communications (whether by phone, internet or post). Accordingly we accept no liability for breach of security of any communications sent by you to us using the Website or the information contained on it. Such communications are at your own risk.
    7. If we choose to delay enforcing any of our rights relating to these Terms, or even not enforce all or any part of them in a given circumstance, we may do so at our discretion. Any such delay or non-enforcement on our behalf will not be deemed a waiver of those rights or any other provision, and will not in any way prejudice or limit our rights under these Terms.
    8. Nothing in the exclusions contained in this clause 4 or elsewhere in these Terms shall be interpreted as trying to exclude or limit statutory liabilities which cannot be excluded by law, nor our tortious liability for death or personal injury resulting from our negligence, fraud, fundamental misrepresentation, or any other liability which cannot be excluded or limited by law.
  5. Cookies

    1. 5.1 On some parts of our website we use so called "cookie" technology. Cookie technology consists of small pieces of data or a small text file which is given to your browser by our webserver when you visit our website. This data is stored on your browser. The cookie is sent back to our webserver each time you visit our website or Trading Platform. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website or Trading Platform and our Service (as defined in the Client Service Contract) may not function properly, or at all.
  6. Telephone calls

    1. We may record telephone calls made to us using any telephone numbers provided on the Website. We may also record telephone calls made by us in response to any ring-back request you make via the Website.
  7. Internet communications

    1. We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.
  8. Regulatory information

    1. Standard Bank Namibia Limited is incorporated in the Republic of Namibia under Registered Number 78/01799. Our registered office is 5th Floor, Standard Bank Centre, Town Square, Corner of Werner List and Post Street Mall, Windhoek, Namibia.
    2. Standard Bank Namibia Limited is authorised by the Bank of Namibia to utilise the Website and to in turn allow for you to utilise the services thereon.
  9. Changes to Terms & Conditions

    1. We may alter these Terms at any time and without notice to you. You acknowledge that each time you access and/or use the Website there may be changes to these Terms, and that it is your duty to familiarise yourself with them. If you do not agree with the version of the Terms which exists at the time of your access to or use of the Website, you are not permitted to access or use the Website, and any pre-existing permitted use or access is revoked.
  10. Validity

    1. If any of these Terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these Terms, and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
  11. Jurisdiction & Governing Law

    1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with Namibian Law. Any dispute relating to or arising out of these Terms and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the High Court of Namibia, Main Division.

Disclaimer

Whilst we use our best endeavours to ensure the accuracy and timeliness of the information contained herein, we will in no way be held responsible for any consequence resulting from the use of, reliance upon and non-receipt of such information.

Third Parties

Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers' personal information to perform such services. Our website or Trading Platform may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

When we will disclose personal information without consent?

We will not disclose personal information to anyone outside Standard Bank Group without your permission unless:

  • we are compelled to do so by law or in terms of a court order;
  • it is in the public interest to do so; or
  • it is necessary to protect our rights.

Storing personal information

Personal information we collect via the website or Trading Platform is stored in a secure environment and is not available to any person outside Standard Bank Namibia Limited.

Our security practices

We are committed to providing secure online services. As such, all interactions with our transactional sites are protected through encryption that complies with international standards. Encryption is used to protect the transmission of your personal information when completing online application forms. Our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorised personnel only. We have also employed the services of independent security experts to test and advise us on the security of our systems. To ensure that you benefit from our security you should read the security tips we post on our website from time to time.

Privacy and security statements applying to specific online services

Different online services and Standard Bank Namibia Limited's or any other Standard Bank Group entities may have their own privacy and security policies because the nature of their service or products demand a deviation from our general policy as set out herein. These specific policies will apply to and exclusively govern your use of the particular online or banking service.

Right to amend this privacy and security statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

Questions

If you have any questions about this privacy and security statement, please email us on Namibia.Dealers@standardbank.com.na.