DISCLAIMER
Disclaimer Deals Jamaica website investment information, online registration and terms and conditions 1) Disclaimer DEALS INVESTMENT Asset Management (Pty) Ltd (reg #:1993/04227/10), (hereinafter referred to as DEALS JAMAICA) and DEALS INVESTMENT (Reg. No. 1993/04227/10), (hereinafter referred to as DEALS INVESTMENT), trading as DEALS INVESTMENT Asset Management, is responsible for maintaining the DEALS JAMAICA website in order to provide users and prospective investors with information pertaining to its products and services as well as general financial information, data and illustrative statistics. The user/investor hereby acknowledges and agrees that by surfing, browsing or registering on the DEALS JAMAICA website for the purposes of accessing financial information and details pertaining to any financial products or services offered herein, the user/investor is deemed to have both read and agreed to all the terms and conditions of the investment, notification of confidentiality and disclaimers. Terms and conditions of investment are contained in the application forms which are posted on the DEALS JAMAICA website for convenience and ease of reference. These include: • DEALS INVESTMENT 5% Monthly Payouts • DEALS INVESTMENT Traded Policies Investment • DEALS INVESTMENT Offshore Global Guarantee • DEALS INVESTMENT Capital Protector • DEALS INVESTMENT Capital Guarantee • DEALS INVESTMENT Services Offshore Trust • DEALS INVESTMENT Funds of Funds 2) Products Product information displayed on the DEALS JAMAICA website pertains to structured and guaranteed products, 5% Payout Plans as well as other products developed by DEALS JAMAICA from time to time and marketed to the public. 3) Intellectual property and copyright protection All financial information and material displayed on the DEALS JAMAICA website is confidential, is protected by intellectual property laws and is restricted to utilization for information purposes only. Any unauthorized copying, reproduction, transmission, distribution, dissemination, sale, publication or exploitation of the displayed material would constitute an infringement of the protection afforded by law and is therefore prohibited in any form whatsoever. 4) Content and accuracy of information and limitation of liability Whilst every effort is made to represent accurate financial and technical information on an ongoing basis, inadvertent errors and typographical inaccuracies may occur. Information, laws, rules and regulations may also change from time to time. Information contained on the DEALS JAMAICA website is therefore made available without any express or implied representation or warranty whatsoever, and DEALS JAMAICA disclaims liability for any expense incurred, or any damage or loss sustained which may or could arise from direct, indirect, special, incidental, consequential or punitive damages and which may be attributable, directly or indirectly to the use of or reliance upon any information, links or services provided through the DEALS JAMAICA website and emanating from either contract, delict, taxation or statute. No representation, warranty, undertaking or guarantee of any nature is made or given concerning the accuracy and/or completeness of such information nor the accuracy of any opinions expressed. All calculations, economic predictions, research, opinions or other content is not intended to and does not constitute financial, accounting, tax legal investment or other professional advice or service, are meant purely to act as a guideline and all potential investors are strongly urged to verify financial information and to seek independent financial and tax, estate planning or exchange control advice from a suitably qualified professional person or financial advisor prior to transacting on the web in order to ascertain whether the information provided is suited to personal circumstances, investment requirements and the risk profile of the investor concerned. If the DEALS JAMAICA website contains statements or information which relate to projections, plans or objectives or future economic performance you should be aware that these projections are only predictions and that actual events or results may differ materially DEALS JAMAICA reserves the right to alter and update information from time to time, without prior notification on the DEALS JAMAICA website, in order to correctly reflect such information. The information made available on the DEALS JAMAICA website should not in any way be construed to be financial, accounting, investment, tax, retirement or legal advice or other professional advice or service. The investor is cautioned that the products, services and information displayed on the DEALS JAMAICA website have been developed within the Caribbean legislative, tax and financial framework, and hence may not necessarily be appropriate or fall within the legal framework of other countries. All services and information offered on the DEALS JAMAICA website must be confirmed and verified prior to finalization of any transaction. The use of the DEALS JAMAICA website is entirely at the user/investor's own risk and DEALS JAMAICA does not accept any liability for any acts or omissions resulting from the user/ investors decision or opinion formed on the basis of your use of the DEALS JAMAICA website 5) Investment disclaimer - 5% Payout Plans The investor applies electronically to invest in the 5% Payout/s managed by DEALS JAMAICA in accordance with the provisions of the Trust Deed at the prevailing purchase price, at the close of business on the date of receipt of funds by DEALS JAMAICA, or on receipt of this application, whichever is the later, provided it is received by the daily cut-off time of 13h00. If received after 13h00 the ruling price prevailing on the following working day shall be used to calculate the purchase value of the investment. All information regarding the products and services, including information in respect of their terms and conditions and any other information is subject to change without notice. All calculations which are made utilizing calculators supplied on the DEALS JAMAICA website together with rates quoted are to be used as guidelines only and are subject to confirmation at the time of finalization of any transactions. 5.1) Money laundering DEALS JAMAICA is required to verify the identity of and to obtain certain information from prospective clients with measures and within parameters aimed at the prevention of money laundering. Investors may be required to produce a copy of a duly certified identification document, together with copies of recent bank statements or cancelled cheques. DEALS JAMAICA will not process any transactions until such time as it has received and is satisfied with all the information and documentation required to verify the investor's identity. 5.2) Additional documentation required at the outset includes: If the Investor is an Individual, an original certified copy of the front page of the Investor’s ID; If the Investor is a Company, an original certified copy of the Director’s resolution authorizing the investment and nominating a person/s to sign all documents on behalf of the Company, together with an original sample signature of the nominated person/s and an original certified copy of the signatory/ies ID and an original certified copy of the Company’s Certificate of Incorporation; If the Investor is a Close Corporation (?CC?), an original certified copy of the members resolution authorizing the investment and nominating a person/s to sign all documents on behalf of the CC, together with an original sample signature of the nominated person’s, and an original certified copy of the signatory/ies ID, and an original certified copy of the CK1, approved by the Registrar of CC’s; If the Investor is a Trust, an original certified copy of a resolution authorizing the investment by the board of trustees and nominating a person / s to sign all documents on behalf of the Trust, together with an original sample signature of the nominated person/s, and an original certified copy of the signatory/ies ID, an original certified copy of the Letter of Authority together with specimen signature of all the Trustees and original certified copy of ID’s of the Trustees; If the Investor is a Partnership, an original letter from the partners on a letterhead, authorizing the investment and nominating a person/s to sign all documents on behalf of the Partnership, together with an original sample signature of the nominated person/s and original certified copies of the signatory/ies ID. 5.3) Links to other websites There may be hyper links or automatic links from the DEALS JAMAICA website to third party websites and DEALS JAMAICA does not accept any responsibility nor any liability for the content or services/products or any advice offered on such websites. 6) Product disclaimer - 5% Payout Plan 5% Payout Plan should be considered medium to long-term investments. 5% Payout Plan are traded at ruling prices and can engage in borrowing and scrip lending. Forward pricing is used. Commission and incentives may be paid and are included in the overall costs The value of units may go down as well as up and past performance is not necessarily a guide to the future. A schedule of fees and charges and maximum commissions is available on request from the company/scheme. The price of units, funds and income derived there from may fluctuate and investors may not receive the capital amount originally invested. Deals Investment, the Management Company, is a member of the Association of Collective Investments. It may be difficult to sell or value certain investments or to obtain reliable information regarding their value or the extent of the exposure to risk. Where information consists of pricing or performance, the data contained therein has been obtained from company reports, financial reporting services, periodicals and other sources believed to be of reliable nature. Although carefully verified, data computations are not guaranteed. 7) Investment disclaimer - DEALS INVESTMENT Traded Policies Investment The investor applies electronically to invest in the DEALS INVESTMENT Traded Policies Investment (?the product?) in accordance with the terms of the application form. All information regarding the products and services, including information in respect of their terms and conditions and any other information is subject to change without notice. 7.1) Money laundering DEALS JAMAICA is required to verify the identity of and to obtain certain information from prospective clients with measures and within parameters aimed at the prevention of money laundering. Investors may be required to produce a copy of a duly certified identification document, together with copies of recent bank statements or cancelled cheque. DEALS JAMAICA will not process any transactions until such time as it has received and is satisfied with all the information and documentation required to verify the investor's identity. 7.2) Additional documentation required at the outset includes: If the Investor is an Individual, an original certified copy of the front page of the Investor’s ID plus a copy of a utility bill; If the Investor is a Company, an original certified copy of the Director’s resolution authorizing the investment and nominating a person/s to sign all documents on behalf of the Company, together with an original sample signature of the nominated person/s and an original certified copy of the signatory/ies ID and an original certified copy of the Company’s Certificate of Incorporation; If the Investor is a Close Corporation (?CC?), an original certified copy of the members? resolution authorizing the investment and nominating a person/s to sign all documents on behalf of the CC, together with an original sample signature of the nominated person’s, and an original certified copy of the signatory/ies ID, and an original certified copy of the CK1, approved by the Registrar of CC’s; If the Investor is a Trust, an original certified copy of a resolution authorizing the investment by the board of trustees and nominating a person / s to sign all documents on behalf of the Trust, together with an original sample signature of the nominated person/s, and an original certified copy of the signatory/ies ID, an original certified copy of the Letter of Authority together with specimen signature of all the Trustees and original certified copy of ID’s of the Trustees; If the Investor is a Partnership, an original letter from the partners on a letterhead, authorizing the investment and nominating a person/s to sign all documents on behalf of the Partnership, together with an original sample signature of the nominated person/s and original certified copies of the signatory/ies ID. 7.3) Links to other sites There may be hyper links or automatic links from the DEALS JAMAICA website to third party websites and DEALS JAMAICA does not accept any responsibility nor any liability for the content or services/products or any advice offered on such websites. 8) Product disclaimer - DEALS INVESTMENT Traded Policies Investment A schedule of fees and charges is available on request from DEALS JAMAICA. It may be difficult to sell or value certain investments or to obtain reliable information regarding their value or the extent of the exposure to risk. Where information consists of pricing or performance, the data contained therein has been obtained from company reports, financial reporting services, periodicals and other sources believed to be of reliable nature. Although carefully verified, data computations are not guaranteed. The DEALS INVESTMENT Traded Policies Investment ("the product") has the essence of a closed ended trust and it was agreed with the Financial Services Board that the product need not be registered in terms of the Investor Protections Control Act 54 of 1981 ("the Act"). The product is therefore not governed by the requirements of the Act. 9) Formalities of transaction and jurisdiction All services offered by DEALS JAMAICA are subject to both completion and signature of the requisite application forms on formalization of the transaction, which are to be approved by DEALS JAMAICA as per the standard terms and conditions contained in the application form. However the Investor authorizes DEALS JAMAICA to act upon instructions by facsimile with regard to this investment in 5% Payout Plans managed by DEALS JAMAICA without liability in respect of any transfer, payment or other act done in accordance with such instructions and notwithstanding that it shall be shown the same was not signed or sent by the Investor. It is also agreed that this authorization shall remain in force until notice in writing of its termination is received by DEALS JAMAICA and any such notice shall be without prejudice to the completion of transactions already initiated pursuant to this authorization. The application will not be processed before DEALS JAMAICA has received all of the relevant additional documentation required, as laid down in the Details of Investor section of the application form. DEALS JAMAICA reserves the right to request additional documentation as and when applicable. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Caribbean without giving effect to any principles of conflict of law. Accordingly investors undertake to subject themselves to the Caribbean courts regarding all proceedings, transactions or applications instituted by either party against the other, arising from any of the terms and conditions pertaining to products, investments or services or any matters related thereto. 10) Investor registration obligations In consideration of the investor's use of the service, he/she agrees to provide true, accurate, current and complete personal information as prompted by the service's registration/application form and to maintain and promptly update the information by keeping DEALS JAMAICA apprised of all changes in personal particulars. 11) Processing of instructions and transactions The investor's instructions become irrevocable once submitted to DEALS JAMAICA. Unless otherwise specified, an instruction is deemed to have been submitted once the investor has positively indicated their verification of the instruction by means of the functional option available on the DEALS JAMAICA website. The user/investor acknowledges further that no cooling off period is applicable to any transactions on this website since the Electronic Communications and Transactions Act 25 of 2002 specifies that the cooling off period provisions do not apply to an electronic transaction for financial services, including but not limited to investment services. Unless reflected in the transaction summary report on the DEALS JAMAICA website, no instruction shall be deemed to have been received by DEALS JAMAICA. Although DEALS JAMAICA will endeavor to process transactions as specified above from time to time, DEALS JAMAICA shall at all times retain the right to process transactions by the same methodology and according to the same turnover time-frames and in the same manner as that applicable to the processing of non-electronic 5% Payout transactions. DEALS JAMAICA reserves the right to reject or suspend the execution of an instruction at any time should the value or frequency of transactions appear to be suspicious or contrary to the course of normal transactions. If such instructions are either rejected or suspended, DEALS JAMAICA undertakes to contact the investor within a reasonable period of time to verify the instruction by such means as DEALS JAMAICA may in its sole discretion determine from time to time. Each purchase of units shall constitute a completed transaction and ownership of the units shall pass to the investor as soon as DEALS JAMAICA has accepted the instruction and the purchase price has been paid in full. 12) Suspension and termination of online facilities DEALS JAMAICA shall at all times and for any reason whatsoever, have the sole and exclusive rights in its discretion to suspend or terminate the Online Facilities without an prior notification or providing reasons for such suspension or termination. However, without prejudice to the aforegoing, DEALS JAMAICA will not exercise its rights in terms of this clause without just cause. 13) Breach and cancellation Any breach by the user/investor of any nature whatsoever of these express or implied Online Terms shall entitle DEALS JAMAICA to immediately terminate the application/agreement without prior notice. Termination of the application/agreement will in no way affect DEALS JAMAICA's right to enforce any of its rights pertaining to the Online Terms, common law or statute. 14) Confidentiality 14.1) Transmission of Investor Information Users/investors are advised that use of the Internet as a form of communication is not yet completely secure and information transmitted via the Internet as a medium of communication may be intercepted, accessed and or read by third parties. The user/investor bears all risk of transmitting their confidential information via this medium and no liability shall attach to DEALS JAMAICA for any loss, harm or damage suffered as a result of any leak of confidential information to a third party or any other source. DEALS JAMAICA reserves the right to request independent verification of any information transmitted via the DEALS JAMAICA website or by e-mail. 14.2) User Name and Password The user understands and accepts that he/she is responsible for all use of Online Facilities made using his/her username and password, irrespective of whether the investor has authorized a third party and permitted access to his/her username and password. Should the user/investor suspect that there has been a breach of security and or unauthorized use of the username and password, this concern is to be communicated to DEALS JAMAICA without delay. DEALS JAMAICA may, in its sole discretion and for any reason whatsoever, require the user to change the client identity and/or pin code from time to time to facilitate unconditional compliance with company security requirements. DEALS JAMAICA shall not under any circumstances be held liable for any actions taken on unauthorized instructions. 14.3) Investor’s Right to Privacy and Confidentiality DEALS JAMAICA does not sell any information. DEALS JAMAICA respects the investor's right to privacy and confidentiality and consequently undertakes not to sell or exchange personal information with any third party for any purpose whatsoever. However, DEALS JAMAICA reserves the right to disclose or report personal information in limited circumstances where it is believed in good faith, that disclosure is required under law, to co-operate with regulators or law enforcement authorities, to perform necessary credit checks or collect or report debts owed to DEALS JAMAICA, to protect its rights or property, or to disclose information on reasonable request by the 5% Payout fund in which the investor has invested. DEALS JAMAICA limits the gathering and use of personal information to that which is deemed necessary to administer its business and to deliver an efficient service to the investor and uses the information consistent with the purpose for which it was originally requested. DEALS JAMAICA endeavors to protect the confidentiality of any personal information shared with the company. When personal information is shared with an agent or affiliate, DEALS JAMAICA protects that personal information with a strict confidentiality agreement and associated support services and agents conform to these standards of privacy and confidentiality. DEALS JAMAICA corporate policies dictate that employees whom have access to confidential customer information are prohibited from using or disclosing the information, except purely for business use. DEALS JAMAICA continues to evaluate its efforts to protect personal information and endeavors to make every effort to keep personal information accurate and up to date. If any error in personal information is detected or the investor requires any information to be rectified or updated, the onus is on the investor to contact DEALS JAMAICA to enable the company to update its records. Any investor who may want to correct, update or confirm information may login to the Online Facilities and transmit an e-mail to DEALS JAMAICA from the change address details section. The investor undertakes to monitor and verify the accuracy of his/her account details on a regular basis and to immediately inform DEALS JAMAICA of any errors or inconsistencies in this regard. 15) DEALS JAMAICA Alliances and promotions On any occasion when DEALS JAMAICA joins with another company to offer or provide products and services, both parties are authorized to cross-reference their /databases to search for common clients. This information may be utilized to identify business alliance opportunities and to enhance information already contained on the existing databases. DEALS JAMAICA may independently or jointly with other organizations and websites offer contest, sweepstakes and promotions. The user may be requested to supply personal information for the purposes of participating in these promotional events which may then be used by the sponsoring parties for marketing purposes. Rules and guidelines for each promotion will be clearly posted onto the website as will notification as to how the information will be utilized. Users may elect not to participate in these special promotions. 16) Privacy and security 16.1) The Online Facilities The Online Facilities is the area of the DEALS JAMAICA website available only to account holders. The Online Facilities provides a private and secure Web environment to transact and access account information. Logging-in to the Online Facilities requires both a 5% Payout account number and a password (Only required for Large Investors 100K and over). The Online Facilities uses leading encryption technology so that the data we transmit to you and the data you transmit to us across the Internet is safe. 16.2) Browsers and Internet Security Any time you enter an order or provide personal information in our Online Facilities (such as an account number or password), we encrypt it using Secure Socket Layer (SSL) technology. SSL protects information as it crosses the Internet. To support this technology, you need an SSL-capable browser. DEALS JAMAICA recommends using a strong encryption, 128-bit browser like Netscape Navigator 4.06 or higher or Microsoft's Internet Explorer 4.01 or higher. These browsers will activate SSL automatically whenever you sign on to your account. You can tell if you are visiting a secure area within a website by looking at the symbol on the bottom of your browser screen. If you are using Netscape Navigator or Internet Explorer, you will see either a lock or a key. When the symbol appears unbroken or the padlock is in the locked position, your session connection is taking place via a secure server. If you need a strong encryption browser, you can go to the Netscape website or the Microsoft website to download the latest Navigator or Internet Explorer browser. We do not recommend the use of beta browser versions. Security Risk of Using Non-Approved Automated Software Applications For security reasons and to guard the safety of your data, access to the DEALS JAMAICA website is limited to SSL-capable browsers like Netscape Navigator 4.06 or higher or Microsoft's Internet Explorer 4.01 or higher. Under no circumstances should you use any software, program, application, or any other device to access or log-in to the DEALS JAMAICA website, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from DEALS JAMAICA computer systems, website, or proprietary software. Cookies, GIFs and Other Web Tools When you interact with DEALS JAMAICA online channel, such as the DEALS JAMAICA website or through email, we strive to make that experience easy and meaningful. To do so, we use several tools. When you come to DEALS JAMAICA website, our web server sends a cookie to your computer. A cookie is simply an electronically transmitted file that holds small pieces of information. When you navigate through DEALS JAMAICA website, your browser "requests" pages for you to view, and that request will include the information stored in the cookie we previously sent to your computer. This process is like an electronic "handshake" between DEALS JAMAICA’s system and your computer; the information exchanged allows us to recognize your browser. Cookies and Personal Identification. Standing alone, cookies, GIFs and other Web tools, as well as data derived from them, do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to DEALS JAMAICA, by opening an account, or registering for an Online Facilities, you remain anonymous to DEALS JAMAICA . Cookies come in two flavors: persistent and session-based. Only persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser that only DEALS JAMAICA can read and use, and the fact that you are a DEALS JAMAICA customer or prior DEALS JAMAICA website visitor. We are especially careful about the security and confidentiality of the information we send through persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Session cookies exist only during an online session with DEALS JAMAICA . They disappear from your computer when you close your browser software or turn off your computer. Session cookies allow you to conduct transactions or request your own personal or account information on the DEALS JAMAICA website. They contain encrypted or encoded information about your account(s), and/or identifying information that you have previously provided to us. This information allows DEALS JAMAICA to process your online transactions and requests. Examples include a request to see your account balance or to buy online. Without the session cookie information, we would not be able to complete your Web transactions securely. Session cookies help us make sure you are who you say you are after you've logged in. "Graphics Interchange Format." On the DEALS JAMAICA website, including DEALS JAMAICA’s pages hosted by our agents we sometimes include a GIF. On the Web, they allow us to keep your session active while you may be using research, education or bulletin board services so that you will not have to log in again when you return to the Online Facilities. In an email message, we may embed a GIF in the message that allows us, for example, to determine if your email reader is HTML capable or how fast your connection to the Internet is. This allows us to deliver content in a format most appropriate to your computer's capabilities. "Other Web Tools." Sometimes we include links to Web pages in an email or in banner advertisements which include a code that allows us to know if you clicked on that link. We do this so that we can personalize your experience, such as recognizing you when you reach the Web page you clicked to, or by displaying information and content we believe will be relevant to you. Other Ways DEALS JAMAICA Uses Information Obtained From Cookies and GIFs. Cookies enable us to understand better how you and others use DEALS JAMAICA online channels. They allow us to collect information about where your browser goes on the DEALS JAMAICA website. This assists us in understanding your preferences and improving the DEALS JAMAICA website. For example, the information we obtain from cookies or GIFs helps us understand whether our customers use certain Web features and how to improve navigation.
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