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These terms of use (“Terms of Use”) govern the use of the Investec Developer Portal, and set out the basis upon which you may make use of the Investec APIs, together with any applicable data, that are made available to you via our website.

 

Please read these Terms of Use carefully before signing up to our Investec Developer Portal or using the Investec APIs.

 

By using the Investec Developer Portal and the Investec APIs, you confirm that you accept these Terms of Use, and that you agree to comply with them and be bound by them.

 

If you do not agree to these Terms of Use, you must not sign up to the Investec Developer Portal or use the Investec APIs.

 

1. Definitions

Investec means Investec Bank plc, its subsidiaries and affiliate companies. Investec Bank plc is registered in England under company number 00489604 and has its registered office at 30 Gresham Street, London EC2V 7QP. References to “we”, “our” or “us” are references to Investec.

 

Investec APIs means the application programming interfaces developed and provided by Investec that are made available to users through the Investec Developer Portal.

 

Investec Developer Portal means our technology platform through which you can use and test the Investec APIs, and which can be accessed on our website here: https://developer.investec.com/

 

Intellectual Property Rights means any right, title or interest in: copyrights, rights in databases, patents, inventions, patents, trademarks, trade names, goodwill, rights in internet domain names and website addresses, designs, know how, trade secrets and other rights in confidential information, whether registered, unregistered or not capable of being registered in any country or jurisdiction, including all other rights having equivalent or similar affects which may now or in the future subsist anywhere in the world.

 

You or your means any person accessing the Investec Developer Portal or using the Investec APIs.

 

2. Changes to the Terms of Use

2.1 We may amend the Terms of Use at any time and in any way. We will publish the amended Terms of Use on the website through which you can access the Investec Developer Portal. These amendments will come into force immediately. Please check our website regularly to take notice of any changes we have made.

 

2.2 By continuing to use the Investec Developer Portal after we have made any changes, you agree to accept the amended Terms of Use. If you do not agree with the amended Terms of Use, please do not continue to use the Investec Developer Portal or the Investec APIs.

 

3. Changes to the Investec APIs

3.1 We may modify, enhance, amend or replace the Investec APIs from time to time, and may change the content or services made available to you via the Investec Developer Portal and/or the Investec APIs at any time. We may add new features or discontinue existing features without any notice to you.

 

3.2 By continuing to use, and have access to, the Investec Developer Portal and the Investec APIs, you agree to accept any changes we make to them. If you do not agree with any changes we effect, please do not continue to use the Investec Developer Portal or the Investec APIs.

 

4. Permitted Use

4.1 We grant you a revocable, non-exclusive, royalty-free, non-transferable, non-sub-licensable licence to access and use the Investec APIs for the purpose of providing an account information service, a payment initiation service, and testing the Investec APIs with your systems and services (the “purpose”).

 

​​​​​​​4.2 You may:

(a) access data and other content ("content") made available to you through your configuration of the Investec APIs; and/or

(b) integrate the Investec APIs into your system, solely in order to fulfil the purpose.

 

​​​​​​​4.3 Our website may contain links to other websites, which are not under our control. The links to other sites are for your convenience and we do not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website.

 

​​​​​​​4.4 You will ensure that you comply with all laws in connection with your use of the Investec Developer Portal and the Investec APIs.

 

5. Prohibitions on Use

​​​​​​​5.1 Except as may be permitted under applicable law, you must not use the Investec Developer Portal or the Investec APIs:

(a) for any purpose which is unlawful, abusive, libellous, obscene or threatening;

(b) except to the extent expressly permitted under these Terms of Use, attempt to adapt, copy, modify, download, display, duplicate, create derivative works from, frame, mirror, display, republish, transmit, or distribute all or any portion of the Investec APIs or the Investec Developer Portal;

(c) either in whole or in part, attempt to reverse engineer, reverse compile, decompile, disassemble, deconstruct, or otherwise reduce to human-perceivable form all or any part of the Investec APIs;

(d) access all or any part of the Investec APIs in order to build a product or service which competes with the Investec APIs;

(e) use the Investec APIs to provide services to third parties;

(f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Investec APIs available to any third party;

(g) use the Investec APIs in a manner that is contrary to applicable law;

(h) misuse the Investec Developer Portal and/or the Investec APIs by knowingly or unknowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(i) for any purpose that could, or could potentially, infringe the Intellectual Property Rights, privacy, confidentiality or other rights of Investec or any third party; or

(j) for any other purpose other than that for which your access was granted.

 

6. Intellectual Property Rights and Content Ownership

​​​​​​​6.1 All Intellectual Property Rights that subsist in the Investec Developer Portal, and anything contained in the Investec Developer Portal and the Investec APIs, belong to us or are licenced to us to use. We and our licensors reserve all rights in, and to, the Investec Developer Portal and the Investec APIs.

 

​​​​​​​6.2 You acknowledge that all content accessed through the Investec APIs, and any and all Intellectual Property Rights subsisting in such content, is owned by us or our licensors. We grant you a revocable, non-exclusive, royalty-free, non-transferable and non-sub-licensable licence to use such content for your internal business purposes only in accordance with these Terms of Use.

 

7. Access, Availability and Non-Reliance

​​​​​​​7.1 We do not guarantee that the availability of, and access to, the Investec APIs, or any content accessible through them, will always be available or uninterrupted. Access to the Investec APIs is permitted on a temporary basis and at our sole discretion.

 

​​​​​​​7.2 We do not guarantee that the Investec APIs, or any content accessible through the Investec APIs, or contained on the Investec Developer Portal, will be free from errors or omissions.

 

​​​​​​​7.3 You are responsible for making all arrangements necessary for you to have access to the Investec APIs.

 

​​​​​​​7.4 You are also responsible for ensuring that all persons who access the Investec APIs through your internet connection, or otherwise on your behalf, are aware of these Terms of Use and that they comply with them.

 

8. Your account and password

​​​​​​​8.1 You must treat any user identification code and password allocated to you by us, securely and keep it confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and for any reason, including where, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

 

​​​​​​​8.2 You are responsible for your access to the Investec APIs and for all activities that occur under your account details.

 

​​​​​​​8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.

 

9. Suspension

​​​​​​​9.1 We may suspend your access to, or suspend, withdraw, discontinue or change, all or any part of the Investec APIs and the Investec Developer Portal at any time without notice at our sole discretion.

 

10. No representations and warranties

10.1 To the fullest extent permitted by law, and unless expressly set out to the contrary in these Terms of Use:

(a) all warranties and terms which would otherwise be implied by law, custom or usage are excluded from these Terms of Use; and

(b) all access to the Investec Developer Portal and the Investec APIs are made available to you on an "as is" and "as available" basis.

 

10.2 We make no representations, warranties or guarantees, whether express or implied, that the Investec Developer Portal or the Investec APIs (including any data obtained via them) is accurate, complete or up-to-date.

 

11. Limitation of our Liability

​​​​​​​11.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

 

​​​​​​​11.2 To the full extent permitted by law, we will not be liable to you or any other user for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) your use of, or inability to use, the Investec Developer Portal or the Investec APIs; or

(b) your use of, or reliance on, any content accessed through the Investec Developer Portal  or the Investec APIs.

 

​​​​​​​11.3 We will not be liable for (in each case, whether arising directly or indirectly):

(a) loss of profits, sales, business, or revenue; business interruption;

(b) loss or corruption of data;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation, and nor will we be liable for any indirect or consequential loss or damage.

 

​​​​​​​11.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Investec APIs or to your downloading of any content accessible through the Investec APIs.

 

​​​​​​​11.5 We will not be liable to you if for any reason the Investec APIs are unavailable at any time or for any period.

 

11.6 Subject to the foregoing, our total aggregate liability, whether in contract, tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether negligent or innocent), restitution or otherwise, arising under or in connection with these Terms of Use, shall be limited to £250.

 

12. Viruses

12.1 We do not guarantee that the Investec APIs will be secure or free from bugs or viruses.

 

12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Investec APIs. You should use your own virus protection software.

 

13. General

Relationship: Nothing in, and no action taken under, these Terms of Use creates a relationship of principal and agent between any of you and Investec.

 

Third Party Rights: A person who is not party to these Terms of Use may not enforce any term of them under the Contracts (Rights of Third Parties) Act 1999.

 

Assignment: You may not assign, transfer or permit the exercise by any other party of your rights under the Terms of Use. We may subcontract, assign or novate the Terms of Use, or any of our rights, to any member of Investec or third party.

 

Entire Agreement: These Terms of Use, together with the documents referred to in it, constitute the entire agreement and understanding between you and us in relation to its subject matter and supersedes any previous agreement between us.

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Governing Law and Jurisdiction: These Terms of Use are governed by, and interpreted in accordance with, the laws of England and Wales. We irrevocably agree that the courts of England and Wales will have exclusive jurisdiction in respect of any dispute or claim that might arise in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).