LEGAL STUFF

We are a specialist South African financial services provider and have carved a niche for ourselves by doing things differently.

Fedgroup comprises of the following entities:

• Fedgroup Asset Management (Pty) Ltd

• Fedgroup Employee Benefits (Pty) Ltd

• Fedgroup Financial Holdings (Pty) Ltd

• Fedgroup Financial Services (Pty) Ltd

• Fedgroup Life Limited

• Fedgroup Management (RF) (Pty) Ltd

• Fedgroup Participation Bond Managers (Pty) Ltd

• Fedgroup Trust Administrators (Pty) Ltd

Collectively referred to as Fedgroup.

Fedgroup offers the following products and services:

• Advisory and Intermediary Services

• Asset Management

• Beneficiary Care

• Commercial Property Finance

• Estate Administration

• Estate Planning

• Group Risk Cover

• Impact Farming

• Inter Vivos Trusts

• Retirement Funds

• Secured Investment

• Settlement Trusts

• Tax Free Savings Account

• Unclaimed Benefits

• Unit Trusts

• Wills

Collectively referred to as products or services.

You are deemed to be legally competent and to have accepted these terms and conditions contained in the Legal stuff section each time you use the Fedgroup App or visit the Fedgroup Website and agree that the terms and conditions apply to your relationship with Fedgroup when investing in or using our products and services.

We may change these terms and conditions from time to time and you acknowledge that by utilising our products or services or accessing the Fedgroup App or Fedgroup Website you will be bound by the current version of the Legal Stuff section which will supersede all previous versions. The changes will cater for amendments to the regulatory or operational requirements.

If any of the terms and conditions is not fully enforceable in law for any reason, the remainder of the terms shall nonetheless continue to apply.

Should you object to the terms and conditions or any changes thereto you can notify us telephonically or electronically.

Fedgroup denies any liability for any losses, damages, expenses, or liabilities arising directly or indirectly from the use or reliance on information, links, or services on the the Fedgroup App or Fedgroup Website, as well as actions or transactions resulting from such use. Users access the Fedgroup App or Fedgroup Website at their own risk and are responsible for compliance with applicable laws. Fedgroup is not liable for interruptions, delays, failed transmissions, or data loss, regardless of the cause and are also not responsible for inaccuracies in calculations provided on the Fedgroup App or Fedgroup Website, as they are guidelines subject to confirmation.

You agree to indemnify, defend and hold harmless Fedgroup, and their offices, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, resulting from any violation of this agreement by you.

Any individual delivering damaging code or attempting unauthorised access to the website will be prosecuted, and Fedgroup reserves the right to claim civil damages for any harm or losses incurred.

The content on the Fedgroup App or Fedgroup Website, including trademarks, logos, and data, icons, hyperlinks, is either owned by Fedgroup or licensed to us. It is protected by both local and international laws and treaties against infringement and unauthorised use could result in civil or criminal liability. No part of the Fedgroup App or Fedgroup Website, should be interpreted as granting a license or the right to use any trademark or intellectual property rights without our written consent. Use of the name Fedgroup or our logo, including in advertising or public distribution of web page materials, requires prior written permission.

The terms and conditions pertaining to any information, product or services appearing on the Fedgroup App or Fedgroup Website shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Any reference to:

• I/me/you/your – collectively refers to clients, investors, FSP’s (Intermediaries or Advisors), Key Individual’s, Representatives as the reference may relate to the applicable application forms or any Fedgroup App or Fedgroup Website users.

• We/us – collectively refers to Fedgroup and includes all duly authorised administrators or agents appointed to facilitate your investments or our products and services.

1. I acknowledge and understand that Fedgroup will not provide me with advice unless specifically agreed to in writing.
2. Any information which may be provided by Fedgroup via the Fedgroup App is of a general nature and is not intended to address the circumstances of any particular individual or entity and cannot be construed as advice. Fedgroup is not acting and does not purport to act in any way as an advisor or in a fiduciary capacity.

1. I confirm that the Financial Intermediary or Advisor as identified in my investment application form or via the Fedgroup App is my appointed advisor.
2. I confirm that Fedgroup may accept instructions from my financial advisor or any authorised third party only if appointed and authorised by me in writing.
3. I have read and understand the terms and conditions applicable to my relationship with Fedgroup and I hereby acknowledge that the rules governing my investment or use of the products and services have been pointed out to me, that I know and understand the content thereof and that I am further aware that, for future reference, the rules can be assessed by me at www.fedgroup.co.za.
4. I confirm that all information provided in the application forms and all other documents signed by me in connection with any application, whether in my handwriting or not, is correct.
5. I have not received advice from Fedgroup in respect of any application except where expressly agreed to in writing.
6. I understand that telephonic and electronic communication may be monitored and recorded and that Fedgroup reserves the right to verify the identity of any person involved in any form of communication.

FAIS Declaration:

1. I declare that I am an authorised financial services provider, key individual and or representative.
2. I have made the necessary disclosures and complied with the requirements of FAIS.
3. I have explained all fees that relate to this investment to the investor.
4. I understand and accept that the investor may write to Fedgroup to cancel my fees.
5. I confirm that all information provided herein is true and correct and that I have read and understood the terms and conditions.

FICA Declaration:

1. I have identified all applicable parties to this transaction and verified their details and will keep these parties’ records as required in terms of FICA.
2. I will provide Fedgroup with copies of the FAIS and FICA records, within five (5) days from date of request.
3. I will provide Fedgroup with application forms that are correctly completed and signed, together with all required supporting documentation and acknowledge that Fedgroup will not accept any responsibility for any delay in the processing of an application form due to incorrect or incomplete forms or any non-receipt of forms and supporting documents.

1. I acknowledge that these terms and conditions govern my use of the mobile application (herein after referred to as the Fedgroup App).
2. By using the Fedgroup App, I accept these terms and conditions in full.
3. If I disagree with the terms and conditions or any part of thereof I will not use the Fedgroup App.
4. I am entirely responsible for maintaining the confidentiality of my password and account details and that Fedgroup will not be liable for any loss that I may incur as a result of someone else using my password or account details, either with or without your knowledge.

1. I agree to be bound by the terms and conditions below if I chose to use the debit order facility for my investment(s).
2. I hereby instruct and authorise Fedgroup to collect the agreed sum from my bank account as specified in my investment application form. I hereby authorise (Service Provider Name) to issue and deliver payment instructions to your banker for collection against my account as detailed in my investment application form at my bank on condition that the sum of such payment instructions will not differ from my obligations as agreed to in my investment application form.
3. I acknowledge that all payment instructions issued by Fedgroup will be treated by my bank as if the instructions had been issued by me personally.
4. I agree that the first payment instruction will be issued and delivered on the date as detailed in my investment application form and thereafter regularly on the date of each month as further as detailed in my investment application form and that the amount of each individual payment instruction may not differ as agreed to in my investment application form.
5. I understand that should the date of the payment instruction (the deduction date) fall on a non-processing day (weekend or public holiday) I agree that the payment instruction may be debited against my account on the following business day.
6. I understand that subsequent payment instructions will continue to be delivered in terms of this authority until the obligations in terms of the mandate have been paid or until this authority is cancelled.
7. I understands that I may cancel this authority by providing Fedgroup with written notice to cancel the debit order.
8. I agree that although this authority and mandate may be cancelled by me, such cancellation will not cancel my investment. I also understand that I cannot reclaim amounts, which have been withdrawn from my account (paid) in terms of this authority and mandate if such amounts were legally owing to you.
9. I agree to pay any bank charges and costs relating to the debit order authority and declare that all monies invested are not the proceeds of unlawful activities
10. I acknowledge that Fedgroup is authorised to affect the drawing(s) against my account and may not cede or assign any of its rights to any third party without my prior written consent.
11. I agree that I may not delegate any obligations in terms of this application to any third party without the prior written consent of Fedgroup.

Fedgroup App Fee Structure Disclosure:

I agree to pay the following fees to my financial advisor:

• Upfront advisor’s fee - A percentage up to a maximum of 3.0% (excluding VAT) added to the capital investment amount prior to the investment being made.
• Annual advisor’s fee - A percentage deducted from interest earned, up to a maximum of 1.5% (excluding VAT).

1. I understand that Fedgroup will only finalise processing of my application as soon as all relevant documentation, including all required FICA documents, are received.
2. I acknowledge that I am obligated to disclose my PIP status to Fedgroup. Prominent Influential Persons (PIP) refer to any individuals who are or have in the past been entrusted with prominent functions in a particular country and encompasses the immediate family members and known close business units of any given client. PIPs can be split into two distinct categories: - Foreign Prominent Public Officials: Individuals who hold or have held prominent positions at any time during the preceding 12 months in a foreign country. - Domestic Prominent Influential Persons: Individuals who hold or have held (including acting positions exceeding 6 months) prominent positions within the Republic of South Africa.
3. In line with FICA, Fedgroup has adopted a risk-based approach to establish and verify the identity of individuals or entities it enters into business transactions with. I understand that this verification process may require additional documentation, and, in such event, there may be a delay in processing my transaction(s).
4. I acknowledge that it is my responsibility to provide Fedgroup with correct and up-to-date information.
5. I have complied with and will continue to comply with all relevant legislation, including but not limited to FICA and the Income Tax Act.

1. I understand that telephonic and electronic communication may be monitored and recorded. Fedgroup reserves the right to verify the identity of any person involved in any form of communication.
2. I acknowledge that any personal information supplied to Fedgroup is provided voluntarily and that Fedgroup may not be able to comply with its obligations if the correct personal information is not supplied.
3. I understand that privacy is important to Fedgroup and that they will use reasonable efforts in order to ensure that any personal information in their possession or processed on their behalf is kept confidential, stored in a secure manner and processed in terms of South African law and or applicable Data Protection Legislation, for the purposes I have authorised.
4. I warrant that all information, including personal information, supplied to Fedgroup is accurate and current and agree to correct and update such information when necessary.
5. By submitting any personal information to Fedgroup in any form, I acknowledge that such conduct constitutes a reasonable unconditional, specific and voluntary consent to the processing of such personal information by Fedgroup with third parties or suppliers for purposes of fulfilling its obligations and other legitimate purposes.
6. Personal information may be retained by Fedgroup and for as long as it is necessary to fulfil its obligations as set out in this contract or policy, unless:
   1. retention of the record is required or authorised by law; or
   2. I have consented to the retention of the record.
7. I hereby authorise Fedgroup to collect and process my personal information and conduct background screening checks including, but not limited to, fraud prevention or detection, ID verification and bank account verification.
8. Personal information may be transferred cross-border to countries, which do not necessarily have data-protection laws similar to South Africa, for verification or storage purposes. In any cross-border transfer of personal information the recipient will be notified of the need to protect the confidentiality of the personal information.
9. I take note that if Fedgroup has utilised the personal information contrary to the privacy and information protection conditions, I may first resolve any concerns with Fedgroup. If I am not satisfied with such process, I have the right to lodge a complaint with the Information Regulator
10. A copy of personal information held by Fedgroup will be furnished to me upon request in terms of the provisions of the Protection of Personal information Act (POPIA) or Promotion of Access to Personal information Act (PAIA) and I understand that I may dispute any information in the record provided. I unconditionally agree to indemnify Fedgroup and its suppliers, acting in good faith in taking reasonable steps to process my personal information lawfully, against any liability that may result from the processing of my personal information. This includes unintentional disclosures of such personal information to, or access by unauthorised persons, and/or any reliance which may inadvertently be placed on inaccurate, misleading, or outdated personal information, provided to Fedgroup by myself or by a third party on my behalf.

All of our Fedgroup entities are accountable institutions and therefore need to comply with the requirements of the Financial Intelligence Centre Act 38 of 2001 (FICA) and other Anti Money Laundering and Countering of the Financing of Terrorism legislation.

FICA requires that Fedgroup request mandatory documentation to identify you and to verify the information you provided, before entering into a financial transaction with you.

The Fedgroup entities detailed below are governed by the Collective Investment Schemes Control Act 45 of 2002 (“CISCA”) and wholly owned subsidiaries of Fedgroup Holdings (Pty) Ltd a member of the Association for Savings and Investment South Africa (‘ASISA’).

Fedgroup Management (RF) Pty Ltd is a registered collective investment schemes management company (CIS 954) and regulated by the Financial Sector Conduct Authority and is the appointed manager of the Fedgroup Collective Investment Scheme. Fedgroup Asset Management Pty Ltd is the appointed investment manager of the Fedgroup Collective Investment Scheme funds.

Collective Investment Schemes in Securities (unit trusts or funds) are generally medium- to long-term investments. Except for the Fedgroup Money Market Fund, where the Investment Manager aims to maintain a constant unit price, the value of units may go down as well as up. Past performance is not necessarily a guide to future performance. Movements in exchange rates may also cause the value of underlying international investments to go up or down. The Management Company does not provide any guarantee regarding the capital or the performance of the unit trust funds. It is therefore important to understand the risks involved before investing. Funds may be closed to new investments at any time in order for them to be managed according to their mandates. Unit trusts are traded at ruling prices and can engage in borrowing and scrip lending. A schedule of fees, charges and maximum commissions is available on request, at no charge, from Fedgroup.

Fedgroup Participation Bond Managers Pty Ltd is a registered collective investment schemes management company (CIS 804) and regulated by the Financial Sector Conduct Authority and is the appointed manager of the Fedgroup Participation Mortgage Bond Scheme.

Participation bonds allow investors to invest in a fund that holds a portfolio of first mortgage bonds over commercial, industrial and retail property in South Africa. The fund lends up to 75% of the value of the property to a borrower and charges interest on the loan. The loan is secured against the title deeds of the property. The loan amount is limited in respect of the value of the property, and the remaining balance of 25% serves as additional security, which can be used as a recovery mechanism in the event that the borrower defaults. The investment is fully secured. The loans secured by a first mortgage bond over the properties are registered in the name of the Fedbond Nominees (Pty) Ltd the independent Nominee to the Scheme. The manager or its directors may periodically have an interest in a property. Potential conflicts of interest are managed through our conflict of interest policy, ensuring that all transactions are concluded on an arm’s length basis in the interests of the investors.

The Fedgroup entities detailed below are authorised financial services providers (collectively referred to as the “FSP’s”) in terms of the Financial Advisory and Intermediary Services Act, 36 of 2002 (“FAIS”) and wholly owned subsidiaries of Fedgroup Holdings (Pty) Ltd a member of the Association for Savings and Investment South Africa (“ASISA”). The FSP’s are authorised to but are not providing advice except when specifically engaged in an advisory role. No information contained on the Fedgroup Website or Fedgroup App should be construed, or relied upon, as advice. If you require advice, please engage the services of your financial advisor or intermediary.

Fedgroup Financial Services (Pty) Ltd is registered with the Financial Sector Conduct Authority (FSCA) and is an Authorised Financial Services Provider, license number 45563 and is authorised to carry on business in respect of financial advisory and intermediary services as a Financial Services Provider in respect of:

CATEGORY I

• Long-Term Insurance subcategory A
• Long-Term Insurance subcategory B1
• Long-term insurance subcategory B2
• Long-term Insurance subcategory B2-A
• Long-term Insurance subcategory B1-A
• Structured Deposits
• Participatory interest in a hedge fund
• Long-Term Insurance subcategory C
• Pension Funds Benefits
• Shares
• Money market instruments
• Debentures and securitised debt
• Bonds
• Derivative instruments
• Participatory interests in a collective investment scheme
• Long-term Deposits
• Short-term Deposits

CATEGORY II

• Participatory interest in a hedge fund
• Shares
• Money market instruments
• Bonds
• Participatory interests in one or more collective investment schemes

Fedgroup Asset Management (Pty) Ltd is registered with the Financial Sector Conduct Authority (FSCA) and is an Authorised Financial Services Provider, license number 665 and is authorised to carry on business in respect of financial advisory and intermediary services as a Financial Services Provider in respect of:

CATEGORY I

• Long-Term Insurance subcategory A
• Long-Term Insurance subcategory B1
• Long-term insurance subcategory B2
• Long-term Insurance subcategory B2-A
• Long-term Insurance subcategory B1-A
• Structured Deposits
• Participatory interest in a hedge fund
• Long-Term Insurance subcategory C
• Retail Pension Benefits
• Pension Funds Benefits
• Shares
• Money market instruments
• Debentures and securitised debt
• Bonds
• Derivative instruments
• Participatory interests in a collective investment scheme
• Long-term Deposits
• Short-term Deposits

CATEGORY II - Discretionary FSP

• Long-term Insurance subcategory B1
• Long-Term Insurance : Category B2-A
• Long-Term Insurance : Category B1-A
• Participatory interest in a hedge fund
• Long-term Insurance subcategory C
• Pension Funds Benefits
• Shares
• Money market instruments
• Bonds
• Derivative instruments
• Participatory interests in one or more collective investment schemes
• Long-term insurance subcategory B2

Fedgroup Life Ltd is registered with the Financial Sector Conduct Authority (FSCA) and is an Authorised Financial Services Provider, license number 40607 and is authorised to carry on business in respect of financial advisory and intermediary services as a Financial Services Provider in respect of:

CATEGORY I

• Long-Term Insurance subcategory A
• Long-Term Insurance subcategory B1
• Long-term insurance subcategory B2
• Long-term Insurance subcategory B2-A
• Long-term Insurance subcategory B1-A
• Long-Term Insurance subcategory C
• Retail Pension Benefits
• Pension Funds Benefits

Fedgroup Trust Administrators (Pty) Ltd is registered with the Financial Sector Conduct Authority (FSCA) and is an Authorised Financial Services Provider, license number 16302 and is authorised to carry on business in respect of financial advisory and intermediary services as a Financial Services Provider in respect of:

CATEGORY I

• Long-Term Insurance subcategory A
• Long-Term Insurance subcategory B1
• Long-term insurance subcategory B2
• Long-term Insurance subcategory B2-A
• Long-term Insurance subcategory B1-A
• Long-Term Insurance subcategory C
• Retail Pension Benefits
• Pension Funds Benefits

Copies of our license are available on request at any of our branches. The license conditions and restrictions pertaining to the FSP’s can be viewed on the FSCA’s website.

The FSP’s have a comprehensive complaints resolution procedure. Copies of the procedure are available on our website or on request from any of our branches. Fedgroup’s complaints resolution policy complies with the Financial Advisory and Intermediary Services Act (FAIS). This allows clients to contact the compliance officer and management team directly. Complaints regarding the rendering of a financial service as defined in the Act may be directed to “The Compliance Officer” at the address provided above.

The FSP’s hold professional indemnity, fidelity insurance and directors’ and officers’ liability cover as required in terms of the Act. The FSP’s have a Conflicts of Interest Management Policy which can be obtained from our Compliance Department.

Contact Fedgroup Internal Compliance:

• Tel: 011 305 2300
• Email: GRC@fedgroup.co.za

FSP's contact details:

• Business Address: 89 Bute Lane, Sandton, 2146
• Postal Address: PO Box 782823, Sandton, 2146
• Tel: 08600 11 77 3
• Email: info@fedgroup.co.za
• Website: www.fedgroup.co.za

Fedgroup Life Limited, is a Insurer licensed to conduct life insurance business and an authorised financial services provider, authorised to render financial services in respect of life policies and is a subsidiary of Fedgroup Financial Holdings (Pty) Ltd a licensed controlling company.

Fedgroup recognises the importance of protecting your personal information and as such subscribes to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 that governs your right to having your personal information kept private, as well as the disclosure that is required by the App Store and Play Store privacy details.

Please note that Collect or Collection refers to transmitting data from the device in a way that allows Fedgroup and/or third-party partners to access it for a period longer than what is necessary to service the transmitted request in real-time.

Third-party partners refers to analytics tools, advertising networks, third-party SDKs, or other external vendors whose code Fedgroup has added to the app

This privacy policy relates to the collection and use of personal information and data that you may supply to us through your use of any of our service channels and such policy, therefore, governs the manner in which your personal information will be dealt with.

Fedgroup defines personal information as all information specific to yourself that is provided to us via our website or any other channel. This includes, but is not limited to, personal information that is provided to us in the course of our business, while obtaining an online quotation, using our Fedgroup App, asking questions via e-mail or during requests to amend or view your personal facility data.

This includes, but is not limited to, the following personal information that you may provide to us when using the app:

• Name - Such as first or last name
• Email address - Including but not limited to a hashed email address
• Phone number - Including but not limited to a hashed phone number
• Physical address - Such as home address, physical address, or mailing address
• Other user contact information – Any other information that can be used to contact the user outside the app
• RSA identity number
• Date of birth
• Customer support - Data generated by the user during a customer support request
• User ID - Such as screen name, handle, account ID, assigned user ID, customer number, or other user- or account-level ID that can be used to identify a particular user or account

This data is collected for the purposes of analytics, developer’s advertising or marketing, product personalisation and app functionality.

We collect information in order to provide you with adequate insurance cover based on your own risk profile and to ensure that we have the correct and most up-to-date information.

Fedgroup has the highest regard for the privacy of its customers and will use personal information only to the extent required in the normal course of business and to provide the products and services you have requested. Fedgroup will also use this information to positively identify you when you contact us.

We value the information that you choose to provide to us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information we maintain concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

You must always keep your personal information and any account numbers or login details secret and ensure that you do not disclose it to anyone.

Should you at any time feel that you no longer wish to be contacted by us, you should advise us to that effect via email or telephone. We retain all data that is required for us to discharge our business activities for an indefinite period for historical, statistical and research purposes. We have established appropriate safeguards against the records being used for any other purposes.

Fedgroup does not, and will not, sell or provide personal information to third parties for independent use. We may, however, share personal information with our business partners if that information is required to provide the product or service you have requested. However, our business partners will adhere to using your information only as directed by Fedgroup.

The following list includes, but is not limited to, some of the instances when we disclose the personal information obtained from you:

1. When any regulatory authority for the various financial sectors requests this data.
2. To comply with any regulation passed under relevant legislation or any legal process.
3. To enforce and protect our rights and property (including intellectual property) and/or where we have a legitimate interest to do so.
4. When you have expressly authorised us to do so If we undergo a change in ownership.

Please ensure that you have read and understood the terms and conditions of this privacy policy before you provide us with your personal information.

We reserve the right in our sole discretion to amend this privacy policy from time to time. Save as expressly provided to the contrary in this privacy policy, the amended version of the privacy policy shall supersede and replace all previous versions thereof.

License to use the Fedgroup App

Unless otherwise stated, Fedgroup and/or its licensors own the intellectual property rights in the Fedgroup App and material on the Fedgroup App and all the intellectual property rights are reserved.

Acceptable use

You must not use the Fedgroup App in any way that causes, or may cause, damage to the Fedgroup App or impairment of the availability or accessibility of the Fedgroup App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Fedgroup App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, tootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Fedgroup App without express written consent by Fedgroup.

The Fedgroup App provides users with access to an overview of their investment products as well as the ability to invest and in no way constitutes financial advice.

Please ensure that you have read and understood all relevant disclaimers, disclosures and terms and conditions before proceeding with an investment. If you are investing via your financial advisor, using the Fedgroup App, please ensure that you have read and understood all the disclosures under the “Investors with financial advisors” section.

All terms and conditions for the investment products referred to in the Fedgroup App can be located on the relevant product’s Minimum Disclosure Document (‘MDD’). Copies of these MDDs are available under each investment’s section in the Legal Stuff section of the Fedgroup App or on our website: www.fedgroup.co.za.

Please note that past performance on returns does not guarantee future investment performance.

Please also note that no investments will be finalised, or payments processed, in instances where we do not have the investor’s recent FICA documents.

Please note that past performance on returns does not guarantee future investment performance.

The investment amounts and forecasted returns displayed in the Fedgroup App calculations exclude financial advisor fees.

These Terms and Conditions regulate the relationship between you and Fedgroup with regards to the Products or Services.

1. You acknowledge that you are duly authorised to act on behalf of the Client with regards to one or more of the products offered by Fedgroup and warrant to Fedgroup that you are licensed to market and sell those product categories and classes of business that are set out in your Application Form.
2. You must comply with the requirements of FAIS, FICA, POPIA or any other applicable legislation at all times. Fedgroup reserves the right to conduct monitoring exercises from time to time to verify your compliance with the relevant legislative requirements.
3. You will inform Fedgroup and your Clients immediately if your license is suspended, (conditionally or finally), withdrawn, or has lapsed and will immediately inform Fedgroup and your Clients of any changes with regards to the authorised representatives.
4. You agree that you will at all times ensure that only authorised Representatives under your FPS licence who meet the legislated fit and proper requirements in terms of FAIS and the applicable Board Notices, will be allowed to render the Services.
5. You agree that you have the required governance, risk management, information technology, and internal controls in place to perform the Services and shall maintain and enhance such systems and controls for so long as you are performing the Services.
6. You confirm that all information furnished to Fedgroup relating to your financial affairs is true and correct in every material respect and you will at all times remain financially sound and solvent.
7. To ensure that Fedgroup’s high levels of service are maintained, the Services provided by you must be performed according to good industry practice. This can be defined as the exercise of the degree of skill, speed, care, diligence, judgement, prudence and foresight and the use of practices, controls, systems, technologies and processes which would be expected from a skilled, experienced and market leading service provider performing the same or similar obligation, undertaking, activity or service and utilising and applying skilled resources with the requisite level of expertise and complying with all relevant legislation. In addition, service levels include without limitation adherence to deadlines, turnaround times on queries and document requests and the reasonable availability of your staff.
8. Subject to the provisions of these Terms and Conditions, each of the Parties agrees to co-operate with each other in order to ensure compliance with all relevant legislation.

Commission will be paid by Fedgroup to you as detailed in these Terms and Conditions.

1. Should there be any doubt, dispute or difference as to whether you are entitled to receive commission on any particular transaction, Fedgroup shall decide the matter and its decision shall be final and binding.
2. Any commission accruing to you in terms hereof shall only be due and payable to you for so long as the Services are being provided by you.
3. No payments which may become due in terms hereof shall be ceded, assigned, or transferred by the Intermediary, except with the prior written consent of Fedgroup.
4. If your FSP license is suspended, withdrawn or has lapsed, no commission will be paid by Fedgroup to you from the date of such suspension, withdrawal or lapsing and you shall with immediate effect pay back to Fedgroup any commission paid after such date.
5. Fedgroup shall be entitled to claw back from you any such percentage of commission payments made as permitted in terms of any applicable legislation. You agree that any relevant certificate issued by Fedgroup or its authorised representatives will be prima facie proof of a specified percentage commission claw back becoming due. As security for any potential commission claw back, you agree that Fedgroup may retain a specified percentage of commission payable to you, as determined by Fedgroup from time to time and communicated to you in writing 30 (thirty) days in advance.

COMMENCEMENT AND TERMINATION

1. The relationship between the Parties will commence on the date you are loaded on the Fedgroup system and issued a welcome pack by Fedgroup and may thereafter be terminated by either Party by giving at least twenty (20) days’ written notice. Commission shall be due and payable to you until the close of business on the date of termination.
2. Fedgroup reserves the right to immediately terminate the relationship with you in the following circumstances:
   1. in the event of any fraud or misconduct of whatever nature in the conduct of your business;
   2. if you are an individual, on your death or sequestration or if you are placed under curatorship;
   3. if you are a company or close corporation, on the liquidation or deregistration of such company or close corporation or the commencement of business rescue proceedings against it as contemplated in section 132(1) of the Companies Act 71 of 2008;
   4. if you are a partnership, on the partnership being dissolved;
   5. if you have a judgment from a competent court against you for the attachment of assets or for the payment of money which is not satisfied within seven (7) days of the date of judgment;
   6. in the event of no Services being rendered by you for a period of at least six months;
   7. in the event that your FSP license is suspended, withdrawn or has lapsed.
3. In the event of termination of the relationship between the Parties, you undertakes to return to Fedgroup forthwith all Fedgroup’s Confidential Information which may be in your possession.
4. Within seven (7) Business Days of receipt of written notice from Fedgroup to do so , you shall notify all interested parties as instructed by Fedgroup of the termination of the relationship between the Parties in the form and manner as prescribed and approved by Fedgroup in writing and you shall provide Fedgroup with evidence to its reasonable satisfaction of efforts of communication to the said interested parties.
5. You will not be entitled to render any further Services after the date of termination, provided that you shall render all reasonable assistance to ensure that the handover of the Services to Fedgroup does not result in any material prejudice to the Clients or the business of Fedgroup.

In the event of it becoming necessary for Fedgroup to institute legal action against the you, you irrevocably and unconditionally hereby consent to the jurisdiction of the Magistrate’s Court for the district in which Fedgroup’s domicilium citandi et executandi is situate , irrespective of the amount of the claim involved, in regard to all matters arising from the relationship between the Parties (including a dispute relating to the existence, validity or termination of such relationship.

1. A Party in breach of these Terms and Conditions shall be liable for the non-breaching Party’s legal costs.
2. Fedgroup chooses domicilium citandi et executandi at 89 Bute Lane, Sandton, 2196
3. You choose domicilium citandi et executandi at the physical address provided on your Application Form.

WARRANTIES, GUARANTEES AND UNDERTAKINGS

1. You shall not make or give any warranties, guarantees, representations or undertakings, not expressly authorised by Fedgroup in writing, and shall have no authority to bind Fedgroup in any way, to incur any liability or debts on behalf of Fedgroup, to make or alter or discharge any contracts on behalf of Fedgroup, or to waive any of Fedgroup’s rights.
2. You shall not engage in any conduct that could harm or discredit Fedgroup nor employ any unethical or immoral business methods or techniques.
3. Both Parties hereby furthermore warrant and undertake to:
   1. protect the proprietary interests of the other Party and their respective Confidential Information and will not divulge, directly or indirectly, or disclose to others except as required in terms of these Terms and Conditions or law any of the Confidential Information of the other Party;
   2. maintain as confidential and shall not disclose to any person and/or utilise for their own benefit any communications between them and any Confidential Information exchanged between them leading to the conclusion of and during the conduct of their relationship with each other.
4. The provisions of clause 3 shall survive termination of the relationship between the Parties.
5. You agree that Fedgroup will be entitled to disclose information of an administrative or financial nature to any of its associates from time to time, as long as the Fedgroup associates agree to keep the information confidential at all times and use the information solely for the purposes of administration of its products and in line with POPI requirements.

Each Party agrees to treat all Confidential Information as confidential and to use and divulge it only as far as is necessary for compliance with its obligations in terms of these Terms and Conditions.

1. Except with the prior written consent of the other Party, neither Party will make any copy, reproduction, facsimile or duplicate of any Confidential Information by any means or for any purpose whatsoever, other than to the extent necessary to provide the Services or to fulfil the purpose for which the Confidential Information was disclosed or furnished to that Party.
2. The obligations set out in this clause shall not apply to Confidential Information which –
   1. at the time of its disclosure had already been published or was otherwise publicly available; or
   2. subsequent to its disclosure became (through no fault or failure of either of the Parties) part of the public domain; or
   3. at the time of its disclosure can be shown by a Party to have been in its possession prior to the disclosure thereof.
3. The Parties shall not at any time release any statement to the press, or make any other public statement of any nature regarding their relationship, without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
4. The provisions of this clause shall endure irrespective of the termination of the relationship between the Parties.

1. In order to facilitate the smooth and effective management of their relationship and the provision of the Services, the Parties shall each appoint a suitable person to act as their Contact Person. The Contact Person for Fedgroup is stipulated below and your Contact Person stipulated in your Application Form. In respect of such Contact Persons:
   1. they will have the power and authority to make decisions with respect to actions to be taken by them in the ordinary course of the day-to-day management of the relationship between the Parties;
   2. all invoices, communications, documentation and materials shall be sent by each Party to the appropriate Contact Person; and
   3. either Party may, on five (5) days’ written notice to the other, appoint an alternative Contact Person.
   4. Fedgroup Contact Person Email: vip@fedgroup.co.za
      Fedgroup Contact Person Phone: 011 305 2300
      Fedgroup Contact Person Fax: 01 1 305 2486
2. No indulgence, which either Party may grant to the other, shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which may arise in the future.
3. Save for any fraud or gross negligence on the part of Fedgroup and notwithstanding anything to the contrary contained herein, neither Fedgroup any of its subsidiaries from time to time, nor any of the group’s directors, employees, representatives, agents and/or shareholders shall be liable to you or to any third party for any loss (including but not limited to loss of profits, goodwill, information and/or data), liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which you or any such third party may suffer or incur.
4. The relationship between the Parties shall be governed by the laws of the Republic of South Africa.
5. If any provision of these Terms and Conditions is found or held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby.

Secured Investment Ts & Cs

TERMS AND CONDITIONS OF A PARTICIPATION BOND INVESTMENT: The following Terms and Conditions are disclosed in terms of the rules for the administration of a Collective Investment Scheme in Participation Bonds.

1. The FedBond Fund ("the Fund") forms part of FedBond Nominees (Pty) Ltd ("the Nominee Company") and is managed by Fedgroup Participation Bond Managers (Pty) Ltd (“the Manager”). Both companies are wholly owned subsidiaries of Fedgroup Holdings (Pty) Ltd (”Fedgroup”).
2. The Fund, the Nominee Company and the Manager are governed inter alia by the Collective Investment Schemes Control Act 45 of 2002 (“the Act”) and subordinate legislation issued by the Financial Sector Conduct Authority from time to time.
3. Investments in the Fund must remain invested for a period of no less than 5 years.
4. Notwithstanding clause 3 above, all or part of the investment may be repurchased by the Manager within the initial 5-year period, provided that the repurchases will only be effected three calendar months after receipt by the Manager of written notice and all necessary documentation as determined by the Manager. Early withdrawals may be allowed at the discretion of the Manager. The investor will be required to motivate such a request and provide supporting evidence thereof.
5. The Manager will charge a reasonable early cancellation fee depending on whether the investment is being repurchased by the Manager or whether the investment is being transferred to a third party.
   1. The early cancellation fee shall be calculated as the specified percentage of the capital amount repurchased or transferred.
   2. The early cancellation fee may be varied by the Manager from time to time.
   3. No Manager Repurchase fee shall be charged in respect of any participatory investment interest that has been earned and reinvested by the Investor.
   4. The Manager does not charge any fees for withdrawal from the Tax-Free Investment Option.
6. After the initial 5-year term has passed, there is no maturity date to investments and funds are therefore allowed to remain invested indefinitely. After the expiry of the 5 years referred to in clause 2, the investment is regarded as a Matured Participation Bond and, as such, the Investor will receive the ruling rate of interest applicable to Matured Participation Bonds at that time.
7. Interest payable by the Mortgagors may fluctuate and therefore interest payable to Investors invested in the Tax-Free Option may also fluctuate. Interest payable to Investors invested in the Growth Option and Income Options will not fluctuate.
8. Re-invested participatory interest will be regarded as a separate (new) investment made at the current prevailing rate at the time of the reinvestment.
9. After the expiry of the 5 years referred to in clause 2, the Investor may, conditional upon the Managers consent, withdraw all or part of his or her investment, subject to receipt by the Manager of 3 calendar months’ written notice and other documentation as may be required by the Manager.
10. The Investor may sell, cede or encumber (“transfer”) his or her participatory interest within the initial 5-year period. Such transfer is only enforceable against the Manager if the Manager has confirmed in writing that such transfer has been noted. The Manager is only obliged to note such transfer provided that:
    1. the Manager has been informed in writing thereof; and
    2. such fees and charges, as may be determined by the Manager, have been paid in full.
    3. When an investor passes on, the executor of the estate or another representative in possession of a letter of authority will provide the instructions on the disposal of the benefit.
11. In terms of the requirements of the Collective Investment Schemes Control Act, investments in the Fund are subject to availability and the Fund may be closed to new investments from time to time. Investment applications received during periods of no availability will not be accepted and any investment received will be refunded to the Investor without interest.
12. Interest and capital will only be paid into a bank account in the name of the Investor. Third party payments are not allowed.
13. Investments are secured by all the participation mortgage bonds included in the Fund and the debt owing under such bonds is owed to the Investors pro rata to their investments and not to the Manager or the Nominee Company. Neither the Manager nor the Nominee Company guarantees the repayment of debt.
14. Interest paid by Mortgagors to the Manager, (less the Manager’s administration fees, which shall be determined and subsequently communicated by the Manager from time to time), is paid by the Manager to the Investor monthly in advance or reinvested, if so chosen.
15. At intervals of not more than 3 months, the Manager will furnish the Investor with a statement of account disclosing the amount of capital invested in the Fund and indicating how the net amount of interest paid has been calculated.
16. Investments greater than R25 million are subject to additional Terms and Conditions. Please contact the Manager to obtain further information in this regard.
17. Both the Manager and the Nominee Company hold professional indemnity insurance and fidelity cover.
18. All Employees or subsidiaries of Fedgroup may invest in the Fund.
19. Complaints may be lodged as per the Complaints Resolution Policy published on our website: www.fedgroup.co.za
20. The investor is responsible for providing the Manager with correct and up to date information. Should information become outdated or invalid, any scheduled payments may be suspended. Unpaid funds will remain in a non-interest-bearing account until either the payment can be made or the Manager, at its own discretion, reinvests the unpaid funds back into the Fund.
21. The Manager subscribes to the principles and standards set by the Association for Savings and Investment South Africa (ASISA). The standard regarding unclaimed funds are followed, including the tracing of investors of unclaimed funds and the passing on of administrative, management and tracing fees directly to the investments.
22. The investor hereby consents to the Manager sharing their personal information, for administrative purposes, between subsidiaries of Fedgroup and with external tracing companies should tracing of unclaimed investments be required.
23. The investor warrants that the investment as per Section 2 of this application form is obtained from legitimate sources, and that the investor has compiled with and will continue to comply with all legislation, including but not limited to money laundering and income tax legislation.
24. The Manager reserves the right to update these Terms and Conditions.
    The latest Terms and Conditions can be found on www.fedgroup.co.za/secured-investment/downloads

Secured Investment Fund Fact Sheet

Tax-Free Savings Account Ts & Cs

EFFECTIVE DATE: 26 JULY 2022

1. The Fedgroup Tax-Free Savings (TFSA) Account is a tax free investment by virtue of section 12T of the Income Tax Act and offers a guaranteed effective annual return which is calculated in accordance with regulation 10A.
2. You can invest up to the prescribed maximum amount per tax year and lifetime total more than one tax-free investment with different product providers. It is your responsibility to ensure that you do not exceed these limits if you invest with more than one provider and if it is exceeded, there will be a 40% tax penalty.
3. You can transfer your tax-free investment between different product providers and the transfer must be made within ten business days after you requests the transfer. Fedgroup must however refuse to transfer any amount in respect of your tax-free investment during the last 10 business days of any tax year as required in terms of the regulations and these transfer instructions will be processed in the following tax year.
4. Fedgroup may only transfer your tax-free investment directly to another product provider. A transfer into any account which is not a tax-free savings account will be considered a withdrawal and reinvesting this transfer amount into another tax-free savings account will have an impact on your annual and lifetime limits.
5. A product provider may refuse to accept any transfer of any amount in respect of a tax-free investment.
6. A product provider that transfers any amount in respect of a tax-free investment must issue a certificate as prescribed in the regulations.
7. A product provider who is unable to transfer any amount in respect of a tax-free investment is disqualified from accepting any further tax-free investment amounts.
8. There is no set term for your investment in the Fedgroup TFSA Endowment. You may withdraw all or part of your investment and no fees are charged for a withdrawal. Ideally, you would want your contributions to remain invested in a tax free savings account for as long as possible, in order to benefit from the tax-free return benefits.
9. You confirm that you understand the rules set by National Treasury and SARS in respect of Tax-Free Savings Accounts and the consequences of non-adherence to these rules.
10. Complaints may be lodged as per the complaints resolution policy which can be obtained at www.fedgroup.co.za
11. You are responsible for providing Fedgroup with correct and up-to-date information.
12. Fedgroup subscribes to the principles and standards set by the Association for Savings and Investments South Africa (ASISA). The standard regarding unclaimed monies is followed, including the tracing of investors of unclaimed monies and the passing on of Administrative, management and tracing fees directly to the investment.
13. You consent to Fedgroup sharing your personal information, for administrative purposes, between subsidiaries of Fedgroup and with external tracing companies, should the tracing of unclaimed monies be required.
14. You warrant that the investment is obtained from legitimate sources and that you have complied with and will continue to comply with all applicable legislation, including but not limited to those related to money laundering and income tax.
15. By agreeing to these terms and conditions, you consent to Fedgroup using any form of electronic communication to communicate and transact with you, to receive instructions from you and issue statements of account. You warrants that you understand the risks related to electronic communication and transactions. No additional costs will be levied by Fedgroup for electronic communication and transactions. Where Fedgroup transacts with you by telephone, the telephone calls are recorded and retained, along with other relevant electronic communication and transactions, for a period of five years. Fedgroup reserves the right to verify the identity of any person involved in any form of communication related to your investment.
16. Fedgroup reserves the right to update these terms and conditions, which may be required as a function of legislative and regulatory updates. The latest terms and conditions, as well as additional information, can be obtained free of charge at www.fedgroup.co.za
17. Fedgroup is obliged by regulation to collect information around your tax residency and in certain circumstances we are obliged to share information about your account(s) with SARS.

Tax-Free Savings Account MDD

Tax-Free Savings Investment Ts & Cs

The following terms and conditions are disclosed in terms of the rules for the administration of a collective investment scheme in Participation Bonds.

1. The Fedbond Fund (the Fund) forms part of Fedbond Nominees Pty Ltd (the Nominee Company) and has been managed by Fedgroup Participation Bond Managers Pty Ltd (the Manager) since January 1991. Both companies are wholly owned subsidiaries of Fedgroup Financial Holdings Pty Ltd (Fedgroup).
2. The Fund, the Nominee Company and the Manager are governed inter alia by the Collective Investment Schemes Control Act 45 of 2002 (the Act) and subordinate legislation issued by the Financial Sector Conduct Authority from time to time.
3. Terms and conditions specific to Participation Bonds:
   1. In terms of the Act, investments in the Fund are subject to availability and the Fund may be closed to new investments from time to time. Investment applications received during periods of no availability will not be accepted and any investment received will be refunded to the investor without interest.
   2. Investments are secured by all the Participation Mortgage Bonds included in the Fund and the debt owing under such bonds is owed to the investors pro rata to their investment balance and not to the Manager or the Nominee Company. Neither the Manager nor the Nominee Company guarantees the repayment of the debt.
   3. Upon the Manager’s consent, the Investor may cede, transfer or encumber his or her investment, subject to the following
      1. The investor must make a request to the Manager in writing
      2. The request will not be enforceable against the Manager unless the Manager has confirmed same in writing
      3. The Manager may refuse the request if, once the investment is ceded, transferred or encumbered in favour of more than one person, the resultant investment held by each person will be less than the minimum requirement of the Manager. Where an investment (or a portion thereof) is ceded, transferred or withdrawn during the course of the month, the Manager will recover the interest paid in respect of that month, on a pro-rata basis.
   4. Interest paid by the bondholders to the Manager (less the Manager’s administration fees, which shall be determined and subsequently communicated by the Manager from time to time), is paid by the Manager to the investor monthly in advance, or reinvested, at the investor’s discretion. Where an investment is made during the course of the month, the first payment of monthly interest will be made on a pro-rata basis.
   5. At intervals of not more than three months, the Manager will furnish the investor with a statement of account disclosing the amount of capital invested in the Fund and indicating how the net amount of interest paid has been calculated.
   6. Interest and capital will only be paid into a bank account in the name of the Investor. Third-party payments are not permitted.
4. Terms and conditions specific to Tax-Free Savings:
   1. Tax-Free Savings is only available to South African taxpayers
   2. There is no set term for the investment in Tax-Free Savings
   3. The investor may withdraw all or part of his or her investment, subject to receipt by the Manager of five days’ written notice and such other documentation as may be required by the Manager. No fees are charged for a withdrawal. Please refer to each fund fact sheet for all information pertaining to your selected portfolio(s), including fees, minimums, benchmarks and mandate details.
      1. Tax-Free Investment is only available to SA taxpayers.
      2. The annual contribution limit is R36 000 and lifetime contribution limit is R500 000. It is the investor’s responsibility not to exceed these limits. If the investor contributes more than the limit, a tax penalty may be payable to SARS in respect of the year of assessment in which that excess is so contributed.
      3. The investor warrants that they understand the rules set by National Treasury and the South African Revenue Services in respect of Tax-Free Investments and the consequences of non-adherence to these rules.
      4. No Tax-Free Investment transfers to and from another service provider will be allowed before 1 March 2016. By agreeing to these terms and conditions, the investor consents to the Manager using any form of electronic communication to communicate and transact with the investor, to receive instructions from the investor and issue statements of account. The investor warrants that he or she understands the risks related to electronic communication and transactions. No additional costs will be levied by the Manager for electronic communication and transactions. Where the Manager transacts with the investor by telephone, the telephone calls are recorded and retained, along with other relevant electronic communication and transactions, for a period of five years. Fedgroup reserves the right to verify the identity of any person involved in any form of communication related to the investment.
   4. Interest payable by the bondholders may fluctuate and therefore interest payable to investors in Tax-Free Savings may also fluctuate.
5. Both the Manager and the Nominee Company hold adequate levels of professional indemnity insurance and fidelity cover.
6. All employees or subsidiaries of Fedgroup may invest in the Fund.
7. Complaints may be lodged as per the complaints resolution policy which can be obtained at www.fedgroup.co.za
8. The investor is responsible for providing the Manager with correct and up-to-date information. Should information become outdated or invalid, any scheduled payments may be suspended. Unpaid monies will remain in a non-interest-bearing account, until either the payment can be made or the Manager, at its own discretion, reinvests the unpaid monies back into the Fund.
9. The Manager subscribes to the principles and standards set by the Association for Savings and Investments South Africa (ASISA). The standard regarding unclaimed monies is followed, including the tracing of investors of unclaimed monies and the passing on of Administrative, management and tracing fees directly to the investment.
10. The investor hereby consents to the Manager sharing his or her personal information, for administrative purposes, between subsidiaries of Fedgroup and with external tracing companies, should the tracing of unclaimed monies be required.
11. The investor warrants that the investment, as per Section 2 of the application form, is obtained from legitimate sources and that the investor has complied with and will continue to comply with all applicable legislation, including but not limited to those related to money laundering and income tax.
12. The Manager reserves the right to update these terms and conditions, which may be required as a function of legislative and regulatory updates. The latest terms and conditions, as well as additional information, can be obtained free of charge at www.fedgroup.co.za
13. The manager is obliged by regulation to collect information around your tax residency and in certain circumstances we are obliged to share information about your account(s) with SARS.

Tax-Free Savings Investment MDD

Tax-Free Savings Investment Minimum Disclosure Document

Unit Trust funds overview

The Fedgroup Income Plus Fund shall be a Domestic Fixed Interest Varied Specialist portfolio. The primary investment objective of the Fedgroup Income Plus Fund is to earn a higher level of income over and above that achieved by a traditional Money Market Fund. The Investments to be included in the portfolio will be assets in liquid form; non-equity securities, including fixed interest, interest-bearing securities; and listed and unlisted derivative instruments.

The Fedgroup Worldwide Flexible Fund aims to maximise long-term total returns by investing across a wide spectrum of asset classes, in both local and foreign markets. The Investment Manager has substantial flexibility to vary the asset allocation between various markets, asset classes and countries, to reflect the changing economic and market conditions.

The Fedgroup Large Cap Equity Fund is to invest at least 80% of the market value in large market capitalisation shares in the FTSE/JSE Large Cap Top 40 index and have a minimum equity exposure of 80%. The portfolio may invest in listed and unlisted instruments as allowed by the Act and is suitable for investors seeking long-term capital growth.

Money Market overview

The Fedgroup Money Market Fund shall be a Local Money Market portfolio. The investment objective of the portfolio is to provide a medium whereby investors can obtain undivided participation in a diversified portfolio of money market instruments and assets in liquid form. The primary performance objective of the portfolio is to obtain as high level of current income as is consistent with preservation and liquidity.

Money Market Ts & Cs

Disclaimer and statutory disclosures

The Investor acknowledges and understands that Fedgroup cannot provide the Investor with advice. Any information and opinions which may be provided by Fedgroup are of a general nature and are not intended to address the circumstances of any particular individual or entity. Fedgroup is not acting and do not purport to act in any way as an advisor or in a fiduciary capacity. The Investor should not act upon such information or opinion without appropriate professional advice after a thorough examination of a particular situation. Fedgroup endeavours to provide accurate and timely information but make no representation or warranty, express or implied, with respect to the correctness, accuracy or completeness of any information or opinions. Fedgroup does not undertake to update, modify or amend the information on a frequent basis or to advise any person if such information subsequently becomes inaccurate. Any representation or opinion is provided for information purposes only. In the event that the Investor decides not to appoint a financial advisor, the Investor indemnifies Fedgroup from any loss or damage which the Investor may suffer as a result of investing or transacting with Fedgroup without the advice of a financial advisor. Collective Investment Schemes in Securities (Unit Trusts) are generally medium to long-term investments. The value of participatory interests (units) may go down as well as up and past performance is not necessarily a guide to the future. Fluctuations or movements in exchange rates may cause the value of underlying international investments to go up or down. Unit trusts are traded at ruling prices and the Manager can engage in borrowing and scrip lending. Forward pricing is used. Trading of participatory interests on an exchange may incur additional costs, including brokerage, administration fees and uncertified securities tax. Non-quantifiable deductions included in the net asset value price may include brokerage fees, MST, auditor’s fees, bank charges, trustee and custodian fees. Fedgroup is a member of the Association for Savings & Investment SA (ASISA).

Declaration

1. I/We have read, understand and agree to be bound by the provisions of this mobile application and its processes. If, on the date of a finalised investment on the mobile application, an updated wording or process exists, and the fees are different on that investment, the fees on the updated application wording or process will apply.
2. I/We understand and/or warrant that:
   - the information contained herein is correct, and that, if this mobile application is accessed in a representative capacity, I/we have the necessary authority to do so and that this transaction is within my/our powers.
   - Fedgroup reserves the right to request any additional evidence to identify the source of any investment made by the Investor.
   Fedgroup shall, at its discretion, have the option to pay or collect any amount (provided that I/we owe this amount to Fedgroup) through the Automated Clearing Bureau or Electronic Funds Transfer, or by direct debit or credit against my/our bank by means of a debit or credit note addressed to my/our bankers. Any amounts so received by Fedgroup will be deemed not to have been received by Fedgroup and no transaction in respect of such application may be made until the amount of the debit order, cheque or EFT payment has been unconditionally credited to the Fedgroup account with its bankers.
   - Any variations to the terms of this agreement made by my/our financial advisor or me/us will only be binding if accepted in writing by Fedgroup. No act or omission will be construed as an acceptance of a variation to this agreement.
   - All monies deposited in the applicable Fedgroup account for this investment were obtained from legitimate sources. I/We further warrant that I/we have complied and will continue to comply with all relevant legislation, including, but not limited to, money laundering and income tax legislation.
3. I am/we are acting for my/our own account and that I/we have made my/our independent decisions to enter into the investment and as to whether the investment is appropriate or proper for me/us, based upon my/our own judgment, and upon advice from such advisors as I/we may deem necessary. I/We warrant that I am/we are not relying on any communication from Fedgroup, whether written, oral or implied as investment advice or as a recommendation to enter into the investment. It is understood that information and explanations relating to the terms of an investment shall not be considered investment advice or a recommendation to enter into the investment. I/we warrant that I/we have not received from Fedgroup any assurance or guarantee as to the expected return on this investment. I/we indemnify and hold Fedgroup harmless against any claim of whatsoever nature, which I/we may have resulted from conducting business telephonically, via the online services (including email), or by way of facsimile. I/We hereby consent to Fedgroup taking any security precautions it may deem necessary for it to proceed with my/our application.
4. I/We authorise Fedgroup Collective Investments Schemes (Fedgroup) to accept instructions by facsimile or email and hereby waive any claim that I/we may have against Fedgroup and indemnify Fedgroup against any loss incurred as a result of Fedgroup receiving and/or acting upon such communication. The Financial Advisor authorises Fedgroup Collective Investment Schemes to accept instructions by facsimile or email and waives any claim against Fedgroup and indemnify Fedgroup against any loss incurred as a result of Fedgroup receiving and/or acting upon such communication. Fedgroup will not be held responsible for any failure, malfunction or delay of any networks, any electronic or mechanical device, or any other form of communication used in the submission, acceptance and processing of this investment, or any other instruction or transaction. Fedgroup will not be liable to make good or compensate the Investor or third party for any damages (whether direct or consequential), losses, claims or expenses resulting from such failure, malfunction or delay, and the Investor and Financial Advisor indemnify Fedgroup accordingly.
5. I/We hereby acknowledge that I/we have the right and responsibility to conclude a discretionary investment mandate in terms of Board Notice 79 of 2003 of the Financial Advisory and Intermediary Services Act No 37 of 2002 with a Financial Advisor and that, if this appointment occurs, Fedgroup is authorised to act on any written instructions received from a financial advisor relating to investments into the Fedgroup Funds.

Fedgroup Money Market Fund

Fedgroup Unit Trust - Information Document

Endowment Ts & Cs

1. Documents that form the basis of the policy

   This document sets out the policy terms and conditions which govern the insurance policy between the policyholder and the insurer, Fedgroup Life Limited (“Fedgroup”). Fedgroup, is a subsidiary of Fedgroup Financial Holdings (Pty) Ltd a licensed controlling company. It must be read in conjunction with the investment statement, the application form for the policy and all information received in support of the application. These documents, collectively, constitute the entire policy between Fedgroup and the policyholder. This policy is updated from time to time, and available of the Fedgroup website at www.fedgroup.co.za

2. Definitions

   The following definitions apply to this policy :

   Act	Long-term Insurance Act 52 of 1998 and Insurance Act 18 of 2017, as amended or substituted from time to time.
   Beneficiary for ownership	A natural person, or a Trust which itself has only natural person beneficiaries, nominated by the policyholder to become the owner of the policy in the event of policyholder’s death, should the policyholder not be the last life insured.
   Beneficiary for proceeds	A party nominated by the policyholder to receive a benefit from the policy in the event of the death of the policyholder.
   Business day	Any day, other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.
   Contribution/s	The investment amount/s that you pay to Fedgroup, for the policy benefits, in terms of this policy.
   Fedgroup	Fedgroup Life Limited, with registration number 2007/018003/06, is a licensed life insurer and an authorised financial services provider, authorised to render financial services in respect of life policies.
   Investment Account	The account that we use to keep record of your investment amount.
   Life Insured	The person on whose life this policy is issued. The policy will end when this person dies.
   Our, us or we	Unless indicated differently, ‘our’, ‘us’ and ‘we’ collectively refer to Fedgroup.
   Policy	This document, including all addendums, and any schedules, application forms, or amendments hereto.
   Policyholder	The person entitled to be provided with the policy benefits under the policy.
   Restriction Period	Means the period during which there are legislated restrictions on the policy, in terms of the Act. These restrictions apply to the five years of your policy.
   SARS	The South African Revenue Service.
   Units	The units (participatory interests) issued to you by Fedgroup, constituting your participation in a portfolio.
   You, your, yours	The policyholder.

3. The Fedgroup Endowment policy
   • The Fedgroup Endowment Policy is governed by the Act and the Income Tax Act. The Act governs all insurance policies and places some restrictions on the policies and also provides for some form of protection.
   • An endowment policy has four parties that are relevant. It is the policyholder, the life insured, the beneficiary and the insurance company. In terms of the Act and the policy contract, the insurance company will pay out the insured amount in the event of the insured event taking place in respect of the life insured.
   • The Fedgroup Endowment Policy is a pure investment policy with a life insured, issued by Fedgroup, in terms of the Act. This means that only the proceeds (market value of the investment account, less fees, tax, and charges) are paid when the policy ends. These proceeds are the policy benefits. The value of the proceeds is determined once the units of the underlying investments of the investment account are sold, and the applicable fees, taxes and charges have been deducted.
   • Your policy starts after Fedgroup has received and accepted your application and the money is invested.
4. Investment Portfolio
   • The policyholder has chosen to invest in Fedgroup portfolio/s (“the Portfolio”), as indicated in the Fedgroup Endowment application form.
   • Certain constraints may however affect Fedgroup’sability to invest into this portfolio. These are factors such as market availability, legislative issues, or changes in business practice.
   • Should any of these constraints apply to the portfolio selected, Fedgroup will notify the policyholder in writing. Fedgroup will invest the investment account of the policy and/or any future contributions in an interest-bearing account. Interest earned on the investment account and contributions will accrue to the policyholder.
5. Policy suitability

   The Fedgroup Endowment Policy is suitable to an individual investor who falls within a high-income tax bracket, seeking a tax-efficient investment return. The policy is appropriate should an investor wish to invest a lump-sum contribution, for an investment period of five years, without requiring access to investment amount/s more than once during the five-year period.

6. The term of the policy

   The term of the policy is five years.

7. Proceeds of the policy
   • For policies where the policy holder is the life insured, the nominated beneficiaries will receive the proceeds when the policy holder dies.
   • For policies where a life insured is appointed and the policyholder outlives the last life insured, the surviving policyholder will receive the proceeds when the last life insured dies.
   • If there is no surviving policyholder when the last life insured dies, the proceeds will be paid to the appointed beneficiary/beneficiaries. If no beneficiary is appointed, the proceeds will be paid into the estate of the policyholder. This scenario is not applicable to policies where no life insured is appointed.
8. Benefits and beneficiary nominations

   An endowment policy is a long-term insurance policy. The parties to the endowment policy are the policyholder, life insured, beneficiary and the insurer. It is a contract entered into between the policyholder and the insurer whereby the insurer undertakes to make a payment either to the policyholder or to a third party upon the happening of certain defined events, for example the maturity of the policy or the death of the life insured. Where the policy matures, it will always pay out to the policyholder. The beneficiary nomination will only be relevant when the life insured dies and the policy pays out. The policy will only pay out if there are no alternative lives insured on the policy – in this case the policy contract comes to an end and the policy must pay out. There is no option to extend the policy at this point.

   1. Types of beneficiaries available
      • No beneficiary nomination made
      • Beneficiary for proceeds
      • Beneficiary for ownership
      1. Where no beneficiary is nominated on an endowment policy:
         • If the policyholder is the only life insured on the policy.
           • The policy proceeds will pay out to the estate of the policyholder to be administered in terms of their last Will and testament.
         • If the policyholder is one of the lives insured, but not the last life insured to die, and the policyholder dies.
           • The policy will not pay out and will continue to exist due to the remaining lives insured on the policy.
           • The ownership of the policy will vest in the estate of the policyholder and the ownership of the policy will be transferred to the heir as per the policyholder’s Will.
         • If the policyholder is not the life insured, however, the last life insured has died.
           • The policy will pay out to the policyholder.
      2. The policyholder nominates a beneficiary for proceeds:
         • When the life insured dies and the policy pays out (as there are no remaining lives insured on the policy) the beneficiary for proceeds will become entitled to the policy proceeds.
         • If the policyholder is not the same person as the life insured, the policyholder will not be entitled to the proceeds where a beneficiary for proceeds is nominated, unless the beneficiary for proceeds does not accept the proceeds, in which case it will become payable to the policyholder.
         • Where the policyholder and the life insured is the same person, that beneficiary for proceeds will become entitled to the policy proceeds. If the beneficiary does not accept the proceeds, it will be paid to the deceased estate of the policyholder.
      3. The policyholder nominates a beneficiary for ownership
         • The beneficiary for ownership will become the new policyholder/owner of the policy if the policyholder dies whilst there is still one or more lives insured on the policy.
         • Where the policyholder dies and other lives insured remain on the policy, that policy will not pay out, however, the policy will form part of the estate of the policyholder.
           • Where no beneficiary for ownership is nominated, it will be dealt with in terms of the will of the policyholder.
           • Often the will of the policyholder does not specifically deal with the ownership of this type of policy and it will inevitably form part of the residue of the estate and vest in the eventual heir of that residue.
           • Where a beneficiary for ownership is nominated, that policy will be transferred to that beneficiary and that policy will continue to exist in the hands of the new policyholder.
           • This new policyholder can then appoint new beneficiaries and may also appoint additional lives insured.
   2. Beneficiaries

      The Policyholder may at any time before the death of the life insured appoint a beneficiary on the policy to receive any benefits due on the death of the life insured (subject to the rights of thecessionary) or to remove such beneficiary. The appointment or removal of a beneficiary will not be binding on Fedgroup unless it is recorded by Fedgroup. The table below summarises the information noted above and outlines the beneficiary appointment scenarios available to the policyholder given the choice of life insured.

      Policy holder	Life Insured	Beneficiary for proceeds	Beneficiary for ownership
      Individual	No life insured is appointed	May appoint one or more	Must appoint one
      	Policyholder is the only life insured	May appoint one or more	Not applicable as policy cannot outlive policyholder
      	One or more lives insured other than the policyholder are appointed	May appoint one or more	Must appoint one

      
      
      • If the policy is ceded, proceeds will be paid to the cessionary. The rights of a cessionary have preference over any rights of appointed beneficiaries, as long as the cession is noted in Fedgroup’s records.
      • Any beneficiary appointments made before a cession fall away when Fedgroup notes the cession in its records.
      • The proceeds payable is the investment account on the date of death less any charges and/or fees subject to legislative limits.
   What if the benefit payable at death is not claimed after the death notification?

   Fedgroup will communicate with the claimant once we have been notified of the death event.If the claimant does not respond to our correspondence, we will assume that the claimant's contact details have changed and will take all steps that can be fairly expected to locate the claimant, according to the Standard on Unclaimed Assets prescribed by the Association for Savings and Investment South Africa (ASISA), as available on the website www.asisa.co.za. We will take these steps 3 years and 10 years after the notification of the death event. Any administrative and locating costs will be deducted from the benefit amount and these costs will be disclosed if a payment occurs.
   The benefit amount will earn interest from the date on which the claim is admitted. The interest is equal to the growth of an investment account with stable growth rates and with no equity exposure.

9. Unit pricing

   Fedgroup determines the unit price daily by dividing the net market value of the assets of the portfolio by the total number of units in the portfolio at that date. The net market value is determined after due allowance has been made for interest, income, costs, fees, and any applicable tax.

10. Investment account
    • Fedgroup will operate an investment account for the policy.
    • The value of the investment account at any time is equal to the number of units held in the investment account multiplied by the unit price.
    • Fedgroup calculates the number of units added to the investment account by dividing the contribution/s by the unit price.
    • Fedgroup will deduct any charges that may arise from the investment account by deducting units at the unit price.
    • All investment income, net of taxes and expenses, derived from assets in the portfolio forms part of the portfolio and is re-invested therein.
11. Fees and Charges
    • All the fees and charges payable under the policy are set out in the application form. The fees and charges must be explained to you by your Financial Advisor. With your signature to the application form, you acknowledge, declare, and confirm that you understand what fees and charges are payable.
    • All fees and charges are subject to change, and Fedgroup will give you and/or your Financial Advisor written notice of such change.
12. Contributions
    1. Payment of contributions
       • Contributions are payable as set out in the investment statement. Lump-sum contributions may be deposited directly with Fedgroup. A contribution will only be considered to have been paid once Fedgroup’s bank account has been credited and the payment is not subsequently reversed.
       • The policy does not give the policyholder any rights of ownership to the policy until Fedgroup has received the policyholder’s first contribution.
       • Contribution/s can only be made once all documents required in terms of the Financial Intelligence Centre Act 38 of 2001 (FICA) have been received by Fedgroup.
    2. Termination of recurring contributions
       • A 30-day grace period is allowed for the payment of each recurring contribution.
       • If the recurring contribution is not paid within the 30-day grace period, the policy will be made paid up. If this happens before the 5th policy anniversary, charges and fees will be deducted from the investment account.
       • If the investment account (after the charges and fees have been deducted) is R2 500 or more, the investment account will remain invested in the portfolio.
       • If the investment account (after the charges and fees have been deducted) is less than R2 500, or such other amount prescribed by legislation, Fedgroup reserves the right to pay the investment account back to the policyholder.
    3. Changing recurring contributions
       • The policyholder may increase or reduce recurring contributions at any time subject to legislative limits and Fedgroup’s practices at the time.
       • However, should the recurring contributions be stopped or reduced, the policy will be made paid up and/or paid back to the policyholder should the investment account (after charges and fees) remain below the amount prescribed by legislation.
13. Withdrawals from the policy

    A single withdrawal is allowed in the restricted period subject to liquidity within the investment portfolios and to the maximums as below. A notice of one calendar month notice is required.

    Period	Maximum Withdrawal
    0 - 12 months	10%
    13 - 24 months	20%
    25 - 36 months	30%
    37 - 48 months	40%
    49 - 60 months	50%

    • Fedgroup may insist that you fully withdraw the amount under the Policy if the remaining value in your Investment Account after a withdrawal is less than an amount Fedgroup may determine from time to time.
14. Income tax consequences

    A payment from an endowment policy to the policyholder does not result in gross income and is not subject to income tax in the hands of the investor. It is deemed a capital amount. This does not mean that the endowment is tax-free – it is subject to income tax and capital gains tax during the investment term in the hands of the insurance company. Section 29A of the Income Tax Act provides for the five- fund approach, which is the tax regime applicable to insurance companies.

    The five funds and relevant tax consequences are as follows:

    Individual Policyholder Fund - Investment policies
    Policyholder     Individuals Trusts (with individual beneficiaries) Income Tax 30%    Effective CGT 12%
    Risk Policy Fund – risk policies
    Policyholder    All risk policies as defined Income Tax 28%   Effective CGT 22.4%
    Company Policyholder Fund
    Policyholder    Company or CC Income Tax 28%   Effective CGT 22.4%
    Untaxed Policyholder Fund
    Policyholder    Tax exempt entities and all retirem ent funds Income Tax Nil   Effective CGT Nil
    Corporate Fund (insurance company’s funds)
    Income Tax 30%   Effective CGT 22.4%

    1. Capital gains tax consequences

       An endowment policy’s pay-out to the policyholder is a capital amount which is potentially subject to capital gains tax. Paragraph 55 of the Eight Schedule to the Income Tax Act provides for an exclusion in respect of the proceeds from long term insurance policies in particular circumstances.
       In the case of an endowment policy, the proceeds will be excluded for CGT purposes if payable to the original beneficial owner, his/her spouse, beneficiaries, nominees, deceased estate or to a former spouse of that original beneficial owner. Where the endowment policy is payable to a subsequent policyholder – in the case of a second-hand policy – the proceeds may be subject to CGT insofar a gain is realised.

    2. Estate duty and endowment policies
       • The policyholder and life insured are the same person: upon the death of the life insured where no beneficiaries are nominated, the policy will be included as a deemed asset in the estate of the deceased.
       • Where the policyholder is a trust and there are constantly multiple lives insured on the policy, the endowment policy will only cease when the contractual maturity date is reached and the policyholder opts for maturity, or the policyholder surrenders the policy. Therefore, no estate duty consequence will be experienced in this instance – as long as there is a surviving life insured on the policy. If the last surviving life insured dies, the policy will become due and payable to the trust, in which case the proceeds will be a deemed asset in the estate of the life insured. In this instance where the trust was the premium payer, the estate will enjoy a deduction equal to all premiums paid by the trust plus 6% per annum, in determining the dutiable estate.
15. Section 63 of the long-term insurance act – Policy Protection

    This section provides protection for long-term insurance policies in the event of the insolvency of the policyholder’s estate. This section was amended by the Financial Services General Laws Amendment Act 15 of 2013. For the protection to apply, the following requirements must be met:

    • The policy benefits must be payable to a person that is also the life insured under the policy or the spouse of that life insured (unless stipulated otherwise in the Act), and
    • The policy must have been in force for at least three years.
    Where these initial requirements are met, the policy benefits or any assets acquired exclusively with those policy benefits shall be protected against creditors of that person’s insolvent estate:
    • During his/her lifetime, or
    • Upon his/her death, if survived by a spouse, child, stepchild or parent and the policy benefits are paid to the spouse, child, stepchild, or parent upon that person’s death.
    The person claiming the protection will always have the burden of proof to prove that the protection applies in his/her specific circumstances. The protection shall apply for a period of five years from the date on which the policy benefits were provided. The protection does not apply if the policy was ceded as security for a specific debt or where it can be shown that the policy was taken out with the intention to defraud creditors.
    It is important to note, that where a policy is payable to a nominated beneficiary of a policy – so the insurance company is contractually bound to make payment to that party.
16. Section 54 of the long-term insurance act

    This section refers to the regulations to the Act that imposes certain restrictions on certain long-term insurance policies. This is a complex piece of legislation which is often misinterpreted.
    The purpose of the restrictions imposed on endowment policies are to ensure that long-term insurance companies do not compete with banking products and that they remain true to their long-term insurance license conditions. The restrictions can be summarised as follows:

    1. Restriction on investment term

       Endowment policies have a minimum term of five years. This is referred to as the restriction period and it commences on the inception date of the policy.

    2. Restriction on premium increases

       You can make a minimum lump-sum investments of R100 000 or a minimum monthly recurring investment of R 3000.
       The increase in premium is restricted and if this restriction is exceeded, a new restriction period will commence (also referred to as the extended restriction period). The practical implication is that the five-year restriction period will restart from the date the excess premium is paid into the policy. To prevent a new restriction period, the total premium received during a premium period (a 12-month period starting on the day that the first premium was received) may not exceed the higher of the total value of the premiums during any one of the two annual premium periods immediately preceding that premium period by more than 20%.
       The following example will illustrate the point:
       A policy commenced on 1 January 2020 with a monthly premium of R10 000 without escalation. The contractual maturity date is 1 January 2025. During the term of the policy, the policyholder wishes to inject ad hoc single premium payments into the policy. This table will illustrate the impact thereof on
       

       The restriction period Premium period (12 months from date of first premium)	Period 1	Period 2	Period 3
       Year	Jan 2020 – Jan 2021	Jan 2021 – Jan 2022	Jan 2022 – Jan 2023
       Contractual premium Total annual premium	R10 000 pm R120 000 pa	R10 000 pm R120 000 pa	R10 000 pm R120 000 pa
       Ad hoc premium Date Total annual premium paid	R50 000 1 June 2015 Total of R 170 000 pa	R100 000 1 May 2016 Total of R 220 000 pa	R100 000 1 April 2017 Total of R 220 000 pa
       Impact of the 20% Rule
       The total premium received during a premium period may not exceed the higher of the total value of the premiums received by the long-term insurer during any one of the two premium periods immediately preceding that premium period, by more than 20%.	No impact as there is no previous premium period against which to measure the restriction.	The higher of the previous 2 years’ premium + 20% (in this case only year 1): R170 000 + 20% = R204 000 max. premiums permitted in year 2	The higher of the previous 2 years’ premiums+20% (in this case year 2): R220 000 (actual premium paid) + 20% = R264 000 max. premiums permitted in year 3
       Maximum ad hoc allowed	Unlimited	R204 000 – R120 000 = R84 000 < R100 000 Therefore, restricted amount is exceeded	R264 000 – R120 000 = R144 000 > R100 000 Therefore, restricted amount is not exceeded
       Result	Ad hoc premiums will have no impact on the restriction period. Maturity date remains at 1 January 2020.	Ad hoc premiums will result in an extended restriction period from 1 May 2016. Maturity date is extended to 1 May 2021.	Ad hoc premiums will have no impact on the existing restriction period. Maturity date remains at 1 May 2021.

17. Legislation which governs the policy

    The following are some of the main Acts and regulations that govern your investment and the parties to this policy. Amendments to or replacement of the legislation and directives issued by regulatory authorities may change the terms and conditions of your policy.

    • Long-term Insurance Act 52 of 1998
    • Insurance Act of 2017
    • Income Tax Act 58 of 1962
    • Financial Intelligence Centre Act 38 of 2001
    • Financial Advisory and Intermediary Services Act 37 of 2002
    • Protection of Personal Information Act 4 of 2013
18. Undertakings
    1. Processing of personal information

       The policyholder acknowledges that Fedgroup requires your personal information, as defined in the Protection of Personal Information Act of 2013 (‘POPIA’).

    2. Confirmation that all information is correct

       The policyholder guarantees that all information given to Fedgroup at any time is complete and true. Information that affects Fedgroup’s decision to provide benefits is known as material information. Where any material information is not fully disclosed or is found to be untrue, Fedgroup may decide not to pay any claims, benefits or cancel the policy.

    3. Agreement to be bound to policy terms and conditions (cooling off)

       The policyholder has 31 days to object to any terms and conditions of the policy. Any objections must be sent to Fedgroup in writing within 31 days of receiving the investment statement. The investment statement is considered to have been received 10 days after the policy issue date.
       After receiving any objections, and subject to any law, Fedgroup may take any of the actions below:

       • Change the policy in line with the objection
       • Inform the policyholder that no change can be made to the policy
       • Cancel the policy
       If no objection is sent within 31 days of receiving the policy, the policyholder is bound by the policy terms and conditions. The policyholder then gives up the right to object to the policy terms and conditions later.
    4. Consent to disclosure of information

       The policyholder acknowledges that Fedgroup may be required to share and collect certain personal information to assist them service, assess risks and consider claims for the benefits under the policy or any other proposal or change in any insurance made by the policyholder.
       
       Fedgroup is limited by legislation to only collect and process information that specifically relates and is relevant to the policy and is accountable for this information. Fedgroup undertakes to keep your personal information safe and obey any legal requirements about protecting your personal information as per POPIA. Fedgroup will keep your personal information confidential and will not share it except in the circumstances explained in this document.
       Fedgroup will keep your personal information for as long as it is required to:

       • Achieve the purposes set out above
       • Any law or contract requires us to keep the information
       • The current fund or insurer needs it for lawful purposes linked to its functions.
       The policyholder authorises Fedgroup’s staff, representatives, and certain subcontractors to:
       • Collect and process certain personal, medical or financial information from the policyholder or any third party, as well as conduct any necessary medical and blood testing for examination, if relevant to the policy.
       • Collect, share and process information through certain registers and databases maintained by or on behalf of Association for Savings and Investments South Africa or any similar organisation.
       • Share the policyholder’s product information with any appointed Financial Advisor, or other insurer.
       • Where information is transmitted to offshore providers, Fedgroup has confirmed that sufficient legislation and agreements are in place to ensure the protection of that information.
       By agreeing to these terms and conditions, the policyholder consents to Fedgroup Life using any form of electronic communication to communicate and transact with the policyholder, to receive instructions from the policyholder and issue statements of account. The policyholder warrants that he/ she understands the risks related to electronic communication and transactions. No additional costs will be levied by Fedgroup Life for electronic communication and transactions. Where Fedgroup Life transacts with the policyholder by telephone, the telephone calls are recorded and retained, along with other relevant electronic communication and transactions, for a period of five years. Fedgroup reserves the right to verify the identity of any person involved in any form of communication related to the investment.
    5. Consent to debit bank account

       The policyholder consents to the debiting of his/her bank account, in the event that any lump-sum needs to be recovered from his/her bank account or warrants that the necessary consent has been obtained to debit the bank account nominated by or on behalf of the policyholder, wherever it may be held inside the Republic of South Africa, for any amounts due in terms of the policy. Should the bank details change at any time, the policyholder undertakes to notify Fedgroup of such change and warrants that he/she has the necessary authority to do so.

19. Responsibility in terms of financial intelligence centre act 38 of 2001 (FICA)

    The policyholder warrants that all contributions invested with Fedgroup is obtained from legitimate sources and that the policyholder has complied with and will continue to comply with all applicable legislation, including but not limited to those related to money laundering and income tax.

    1. Responsibilities of Fedgroup Life
       It is Fedgroup’s responsibility to:
       • Pay you when you withdraw some or all of the units in your investment account.
       • Allocate bank interest earned on contributions if it takes longer than 24 hours to process a contribution.
       Fedgroup Life reserves the right to update these terms and conditions, which may be required as a function of legislative and regulatory updates. The policyholder will be informed timeously, in writing, of any relevant changes.

Impact Farming Ts & Cs

EFFECTIVE DATE: 25 SEPTEMBER 2020

1. Introduction
   1. The Fedgroup Impact Farming application and micro-site web URL: Fedgroup Impact Farming, which includes the electronic online e-Commerce platform (“Fedgroup Platform”) to which these terms and conditions (“Impact Farming Terms”) relate, are made available, managed and owned by Fedgroup Ventures (Pty) Ltd (collectively, “we”, “our”, “us”).
   2. These Impact Farming Terms apply to any person who uses our services, purchases any assets or uses, accesses, refers to, views or downloads any information made available on the Fedgroup Platform for any purpose (“you”,“your”).
2. Additional terminology and interpretation
   1. The following terminology applies to these Impact Farming Terms:
      1. “Agency Agreement” means the agency agreement concluded between you and the Managing Agent, automatically entered into as a condition of sale under these Impact Farming Terms, the terms and conditions of which are set out in clause 7 below.
      2. “Assets” means (i) the individually identifiable and numbered assets purchased by you through the Fedgroup Platform for deployment at a Site, or (ii) the right, title and interest purchased by you in the Products for the productive lifetime of Third-Party Assets to be deployed at a Site, as detailed in the information manual. “Products” and “Assets” are, in certain instances, used interchangeably in these Impact Farming Terms and must be interpreted as the context requires.
      3. “Asset Purchase Price” means the purchase price paid by you for an Asset (by electronic funds transfer, once-off debit against or collection from your cheque or current account, or redemption of a Voucher).
      4. “Information Manual” means the electronic document, containing relevant detail and information relating to these Impact Farming Terms and the Assets, Sites, Returns and so on, published on the Fedgroup Platform.
      5. “Managing Agent” means Fedgroup Ventures (Pty) Ltd (Registration Number 2012/167478/07), a private company duly incorporated in accordance with the company laws of the Republic of South Africa, situated at 89 Bute Lane, Sandton, Johannesburg, South Africa.
      6. “Fedgroup Account” means your unique account created on the Fedgroup Platform for the purchase of any Assets and detailing all fees, charges, interest, and returns applying to you. The opening of a Fedgroup account will automatically result in a “Fedgroup Wallet” being created that is linked to the Fedgroup account. All transactions will take place in the Fedgroup Wallet.
      7. “Products” means the products produced by the Assets or Third-Party Assets (as the case may be), as detailed in the Information Manual.
      8. “Returns” means the returns payable to you on sale of the Products (net of all expenses relating to the Assets, Products and Services), as detailed in the Information Manual.
      9. “Site” means the property on which the Works will be executed, the Assets or Third-Party Assets deployed, and the Products produced, as detailed in the Information Manual.
      10. “Site Owner” means the owner or operator of a Site, as detailed in the Information Manual.
      11. “Services” means the services rendered by us, the Managing Agent or any Third-Party Suppliers under or in connection with these Impact Farming Terms, the Assets, the Third-Party Assets, the Products or the Sites.
      12. “Third-Party Assets” means the assets owned by Third-Party Owners from which Products are produced, as detailed in the Information Manual.
      13. “Third-Party Supplier Agreements” means the agreements concluded between us or the Managing Agent and Third-Party Suppliers in connection with the Assets, the Third-Party Assets, the Products, and the Sites.
      14. “Third-Party Suppliers” means any third-party supplier of goods, data or services to us or the Managing Agent or any of our or the Managing Agent’s designated and duly authorised sub-contractors.
      15. “Third-Party Owners” means the owners of Third-Party Assets, as detailed in the Information Manual.
      16. “Voucher” means a voucher purchased from us for the purchase of a particular type of Asset, identifiable by means of and redeemable by submission of the quick response code (“QR Code”) on the Voucher.
      17. “Works” means the works carried or to be carried out at a Site for the operation of Assets and production of Products, as detailed in the Information Manual.
   2. The provisions of clause 1 above and any substantive provisions contained in any definition in this clause 2 (or any other clause of these Impact Farming Terms) form part of these Impact Farming Terms and effect will be given to them.
   3. Any reference in these Impact Farming Terms to any legislation will be to that legislation as amended from time to time.
3. Your agreement to these Impact Farming terms and any updates or amendments
   1. By continuing to access the Fedgroup Platform or using our Services in any way after purchasing an Asset, you agree that you have entered into a legally binding agreement with us on the terms and in the conditions contained in these Impact Farming Terms and agree that the Managing Agent is authorised to act on your behalf in the limited circumstances provided for in the Agency Agreement.
   2. These Impact Farming Terms, the Information Manual and any additional agreements, third-party agreements (if applicable) and documents referred to in these Impact Farming Terms, constitute the complete and sole record of the agreement between you, us and the Managing Agent.
   3. If you do not agree with any term or condition of these Impact Farming Terms and the other agreements and documents referred to in clause (3.2) above or you become dissatisfied with us or the Fedgroup Platform, you must discontinue your use of the Fedgroup Platform and the Services and notify us of the discontinuation in writing (to the support team email specified in the Information Manual). In the absence of notification, your continued use of the Fedgroup Platform or the Services will be construed as your consent to these Impact Farming Terms and the other agreements and documents referred to in clause 3.2 above.
   4. These Impact Farming Terms may be updated or amended by us at any time at our sole discretion and with prospective effect without prior notice to you and any updates or amendments will take effect when posted on the Fedgroup Platform unless a later date is stated in the update or amendment. Each time you use the Fedgroup Platform or our Services, it is your responsibility to review the Impact Farming Terms in case of any updates or amendments. If you do not agree to our updates or amendments, you must discontinue your use of the Fedgroup Platform and our Services and notify us of the discontinuation in writing (to the support team email address specified in the Information Manual).
   5. The limited, revocable, non-transferable license granted to you to access and use the Fedgroup Platform is subject to these Impact Farming Terms and the various policies and agreements that may govern such use and access, as indicated on the Fedgroup Platform.
   6. You may print a copy of these Impact Farming Terms and any updates or amendments - if you have any difficulty printing any of them or require assistance in obtaining hard or electronic copies, you should contact our support team by email to the address specified in the Information Manual.
4. Fedgroup platform generally
   1. The Fedgroup Platform offers for sale certain Assets and the infrastructure necessary to facilitate agreements for their deployment and the production of Products at Sites with Site Owners who have unutilised space that is suitable, at the Managing Agent’s sole discretion, for these purposes.
   2. We conduct an audit of each potential Site to determine its suitability, utilising all reasonable care and due diligence and compile the Information Manual by utilising the latest technology available for simulating the potential performance of Assets and Third-Party Assets.
   3. Once we have determined a Site’s suitability, we populate an Information Manual, which includes information and data relevant to the Site, to assist potential Asset purchasers to determine whether the purchase may be suitable for them.
   4. While all reasonable care is taken in ensuring the accuracy of the information contained in the Information Manual, the information is based on information supplied to us by Third-Party Suppliers. Accordingly, we cannot and do not provide any guarantee as to the accuracy and completeness of all or any part of the information provided in the Information Manual, or of the anticipated Returns, and all details are indicative and not guaranteed.
   5. The Fedgroup Platform and the information contained on it does not constitute a recommendation or endorsement of the quality, suitability for purchase or purpose of any Asset, its performance, or any anticipated Returns. By purchasing an Asset, you accept that there is some risk of loss, including (without limitation) the loss of the Asset itself or the Asset Purchase Price.
   6. We cannot be held responsible for any inaccuracies, errors, or misspellings or for impartial, inaccurate, or misleading information and are not liable for any damages flowing from them/it.
5. Purchasing an asset and creating a Fedgroup account
   1. To purchase an Asset on the Fedgroup Platform and to receive the Returns, you will be required to create a Fedgroup Account which will in turn create a linked Fedgroup Wallet, which results in you having the rights and obligations detailed in these Impact Farming Terms.
   2. Once you have reviewed the Information Manual and made a decision to purchase an Asset, you must select the number of Assets you wish to purchase at the represented price and submit an order for them (“Order”).
   3. If you are paying for Assets by electronic funds transfer or once-off debit against or collection from your current account, the represented price referred to in clause 5.2 above must be transferred by you to the Managing Agent’s secure trust account (detailed on the Fedgroup Platform) within 48 (forty eight) hours of submission of your Order, where it will be held for your benefit until we have allocated your Assets to you.
   4. If you are purchasing an Asset using a Voucher, the Voucher QR Code must be submitted with your Order and will be deemed redeemed on submission.
6. Vouchers
   1. A Voucher may be redeemed, only for the purchase of the type and number of Assets to which it relates, at any time within 3 (three) years of the date of its issue.
   2. The purchase of an Asset using a Voucher is subject to the availability of the type and number of Assets for which it was purchased. If those Assets are not available on submission of your Order, the price paid for the Voucher (“Voucher Value”) will be refunded to you (net of our reasonable transaction and other fees, bank charges and other disbursements) or you may utilise the Voucher Value against the purchase of any other Asset within our then available range.
   3. If you are redeeming a Voucher and the type and number of Assets for which it was purchased are available for allocation to you at the time of redemption, any price increase for the Assets will not be applicable to you.
   4. If the type and number of Assets for which a Voucher was purchased are not available for allocation to you at the time of redemption and you choose to purchase other Assets within our then available range, the Voucher must be fully utilised (no change will be given to you) and any shortfall in the price for the selected alternative Assets must be transferred to the trust account referred to in clause 5.3 above within 48 (forty-eight) hours of your purchase, where they will be held on the basis provided for in clause (5.3) above.
7. Appointment of managing agent and agency agreement
   1. By purchasing an Asset on the Fedgroup Platform, you agree and enter into the Agency Agreement constituted in this Clause 7.
   2. The Agency Agreement will be valid for the period specified in the Information Manual, commencing on the date on which the relevant Site is commissioned, unless these Impact Farming Terms are terminated earlier in accordance with the provisions of clause 10 below.
   3. As a condition of the purchase of any Asset, you hereby expressly appoint, allow and authorise the Managing Agent as your special agent with authority to do all things as may be necessary on your behalf in respect of any Asset purchased by you, including:
      1. entering into an agreement with a Site Owner in respect of the use of the Site for the Works, the deployment of Assets or Third-Party Assets and the production of Products;
      2. entering into agreements with appropriately qualified Third-Party Suppliers to operate and maintain the Assets or Third-Party Assets, to market and sell the Products and for any other purposes as, in the sole and absolute discretion of the Managing Agent, are necessary or prudent;
      3. entering insurance contracts to ensure that adequate insurance is in place to cover the Assets or Third-Party Assets and the Products from any loss or damage. To the extent necessary, the Managing Agent may also enter into an insurance contract to mitigate against loss of income as a result of the reduced use of the Assets or Third-Party Assets or reduced production of Products, arising from any reason.
      4. retaining any funds paid in terms of clauses 5.3 or 6.4 above in secure, annually audited trust account for your account and benefit until your Assets have been allocated to you.
      5. initiating and continuing with legal, recovery or execution proceedings against any Site Owner, Third-Party Supplier or insurer who does not honour its contractual obligations in terms of the relevant agreements; and
      6. varying any of the relevant agreements, only to the extent that the variation is communicated to you and that it is not, in the reasonable discretion of the Managing Agent, deemed to be material to you. Copies of any of the agreements referred to in this clause 7.3 will be made available to you on written request to the support team email address referred to in the Information Manual.
   4. The extent of the agency appointment constituted in this clause 7 is limited to the acts and activities referred to in this clause 7 and the performance of any acts necessary to render the Services.
8. Fedgroup platform data

   Data collected and presented on the Fedgroup Platform is indicative only and it is the purchase price received from the sale of the Products that is used as the basis for calculating all Returns payable to you.

9. Payment of returns
   1. Shortly after the end of each calendar month from the date on which the Works have been completed, a statement will be sent to you summarising the performance of the Assets, any Returns payable and the date of credit of Returns to your Fedgroup Account which will be paid into your Fedgroup Wallet.
   2. Should you so elect, credit balances on your Fedgroup Wallet will accrue interest at the same corporate base rate as is afforded to us by our bankers from time to time, calculated on an annual basis.
   3. Once your Fedgroup Wallet reflects a minimum credit balance of R300.00 (three hundred Rand), the Managing Agent will, on your written request and provision of any documentation required in terms of the Financial Intelligence Centre Act, 38 of 2001, transfer the credit balance to you.
10. Pricing policy
    1. We will, at all times, do our utmost to ensure that the purchase price for the Assets given in the Information Manual is accurate, but it may need to be validated by us as part of our acceptance procedure. If the price for your Assets changes before we process your Order, we will contact you and ask you to confirm whether you wish to proceed at the new price or whether you wish us to effect a full refund of any amount already paid by you, subject to the provisions of Clause
    2. above. Except as provided for in clause 6.4 above, the provisions of this clause
    3. will not apply in respect of the purchase of Assets using Vouchers.
    4. As a consumer, you have the right which allows you to cancel the contract, with no consequence, within a period of 5 days from date of concluding the contract. This right is known as the cooling-off period. You have a cooling-off period of 5 days.
11. Termination by you
    1. Impact Farming Assets were created to be a medium to long-term investment and the full value of your Asset may only be realised if you stay invested for the whole term. It will, therefore, be assumed that Investors would only make the decision to sell their Impact Farming Assets after due consideration of the long-term financial impacts of such a decision. If after due consideration, you wish to terminate the agreement constituted by these Impact Farming Terms in respect of any Asset, you may do so by giving the Managing Agent written notice of termination. Subject to the following provisions:
       1. The Asset Owner must elect to find a willing buyer themselves at a price that is agreed upon by the two parties.
       2. A sale of your Asset can only be effected if a willing buyer is found.
       3. The willing buyer communicates the price they are willing to pay for the Impact Farming Asset and the Asset Owner must decide whether to accept or reject this price.
       4. The Managing Agent may charge a fee on the transfer of Assets at its discretion.
12. Asset end of life

    We will, when the productive lifetime of an Asset or Third-Party Asset has been reached (as indicated in the Information Manual), at our election and depending on the nature of the Asset:

    1. purchase the Asset for the price specified in the Information Manual and pay the relevant amount to your Fedgroup Account within 30 (thirty) days; or
    2. dispose of the Asset subject to payment of a disposal fee, which will be used to defray the costs associated with disposing of the Asset.
13. Cancellation by the site owner
    1. Should the Site Owner cancel the agreement concluded with it by the Managing Agent, you will be entitled to:
       1. a full refund of the Asset Purchase Price or, in the case of redeemed Vouchers, the Voucher Value, subject to deduction of reasonable banking and transaction charges actually incurred by us; or
       2. depending on the nature of the Assets, relocation of the Assets or the production of Products to an alternative Site which, in the reasonable opinion and sole discretion of the Managing Agent, will achieve similar Returns.
    2. You agree that any damages occasioned because of the Site Owner cancelling the agreement concluded with it by the Managing Agent, will lie against the Site Owner and not the Managing Agent (or us).
14. Returns
    1. While every reasonable effort is made to ensure that the Returns are met, they are not guaranteed.
    2. All risks associated with the Returns always remain with you.
15. Tax
    1. You are responsible for claiming any tax relief including (without limitation) any allowances contemplated in Section 12B or Section 11E of the Income Tax Act 58 of 1962.
    2. All prices quoted on the Fedgroup Platform are stated exclusive of Value Added Tax.
16. Insurance
    1. The Managing Agent, as a material term of the Third-Party Supplier and other agreements referred to in these Impact Farming Terms, ensures that the Assets, Third-Party Assets and Products are adequately and appropriately insured against all risks for the duration of those agreements and will ensure that all premiums are paid and that all insurance policies effected will have the full force of law.
    2. In terms of the aforementioned agreements, the Managing Agent is entitled to:
       1. inspect, at any time, any related insurance document and to arrange any additional insurance cover which the Managing Agent may, at its sole and exclusive discretion, deem appropriate for the adequate protection and insurance of the Assets, Third-Party Assets and Products; and
       2. take out insurance cover, where the relevant Third-Party Supplier is unable to obtain any or adequate insurance, or an insurer withdraws any cover during the currency of these Impact Farming Terms.
17. Transfer of rights and obligations
    1. We are entitled to cede, assign, delegate or otherwise transfer any of our rights or obligations under these Impact Farming Terms to any third party without your consent first being obtained.
    2. We are entitled to substitute the Managing Agent at any time without your consent first being had and, should we do so, you consent to the substituted party as the new Managing Agent.
    3. You are not entitled to cede, assign, delegate or otherwise transfer any of your rights or obligations under these Impact Farming Terms to any third party without our prior written consent, which will not be unreasonably withheld. You must notify the Managing Agent of any intended cession, assignment, delegation, or transfer in writing.
18. Disputes
    1. Any dispute that may arise between you and us will be referred for consideration and resolution to our respective chief executive officers (if you are not a juristic person, then you personally will be involved) or their duly appointed representatives.
    2. Should our respective chief executive officers (if you are not a juristic person, with your personal involvement) or their duly appointed representatives be unable to resolve the dispute within 14 (fourteen) days of referral, then the party who wishes to persist in the dispute may, at its option, either institute Court proceedings or refer the dispute for arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”), or if AFSA is not in existence, in accordance with the provisions of the Arbitration Act 42 of 1965.
    3. Should the dispute be referred to arbitration, the arbitrator will be appointed by the parties, and failing agreement within 14 (fourteen) days, will be nominated by AFSA. Should AFSA not be in existence, the nomination of the arbitrator will be by the Chairman of the Johannesburg Bar Council or its successor in title. The arbitration will be held in Johannesburg, conducted in English, and concluded as expeditiously as possible after it has been demanded.
    4. Nothing contained in this clause 18 will be deemed to prevent or prohibit a party from applying to the appropriate Court for urgent relief.
19. Warranties
    1. To the fullest extent permissible under applicable law and except as otherwise stated in these Impact Farming Terms, we make no warranty, express, implied, statutory, or otherwise, with respect to the Assets, the Third-Party Assets, the Products or any of our Services, and expressly disclaim, without limitation, any warranties of merchantability, fitness for any particular purpose, results or title, and any warranties implied by a course of dealing or performance.
    2. We do not warrant the data, content, features information or quotations provided through the Fedgroup Platform, to be uninterrupted or accurate or free of errors, viruses, or other harmful components.
    3. You are solely responsible for any damage to your equipment, loss of data, or other harm which may result from your use of our Services or the Fedgroup Platform.
    4. We make no warranties and provide no assurances to you regarding the performance of any Sites, Assets, Third Party Assets, Products or Returns. Any information published on the Fedgroup Platform is indicative only and is the product of a computer simulation.
    5. You release us from any liability in relation to or arising from your use of the Fedgroup Platform or our Services, for any reason, including (without limitation) in relation to the Assets, the Third-Party Assets, the Products or any failure on our part in rendering Services, regardless of the degree of our negligence. To the extent that applicable law places any restriction on any release of liability, you agree that we are liable for the minimum amount of damages which the law restricts, should a minimum exist.
    6. Any promotional material utilised by us should not be construed as a representation or warranty of any particular standards, the Assets, the Third-Party Assets, the Products, the Returns, or your expectations or service specifications and should only be regarded as promotional and educational in nature.
20. Waiver

    Failure of a party to insist upon strict performance of any provision of these Impact Farming Terms or associated agreements, or the failure of a party to exercise any rights or remedies to which it is entitled under these Impact

    Farming Terms will not constitute a waiver of any of them and will not cause a diminution of the obligations under these Impact Farming Terms or any associated agreement. No waiver of any of the provisions of these Impact Farming Terms or any associated agreement will be effective unless it is expressly stated to be waived and signed by the parties affected by the waiver.

21. Limitation of liability and damages

    We will not, regardless of the circumstances or causes, be liable under these Impact Farming Terms for any consequential, special, indirect or other damages (including, without limitation, lost profits or punitive damages), whether based in contract, delict or otherwise, even if we have been advised of the possibility of such damages. This limitation will apply to the maximum extent permitted by applicable law. You expressly agree that if we are found liable to you, regardless of the foregoing limitations, our maximum aggregate liability to you, whether arising from breach of warranty, breach of contract, negligence, or on any other legal basis, will not exceed the Asset Purchase Price paid by you to us or, in the case of a redeemed Voucher, the Voucher Value.

22. Export control laws and exchange control regulations

    By using the Fedgroup Platform you expressly undertake to abide by any exchange control regulations which may be applicable to the purchase of any Assets or the payment of any interest or Returns and you undertake to comply with the relevant exchange control regulations.

1. Introduction, terminology and interpretation
   1. In these terms and conditions (“Referral Programme Terms”), any capitalised words not expressly defined herein have the same meaning as those defined in the Fedgroup Asset Terms and Conditions of Sale (“Impact Farming Terms”).
   2. “Us”, “we” or “our” means Fedgroup Financial Holdings (Pty) Ltd in association with Fedgroup Ventures (Pty) Ltd and “Referrer” means any person who has purchased an Asset or uses our Services and has successfully invited a third party (“Referee”) to purchase an Asset through the Fedgroup Platform.
   3. Under our Referral Programme, a Referrer will earn a referral bonus of R100 (one hundred rands) (“Referral Bonus”) credited to the Referrer’s Fedgroup Account for each Referee successfully invited to purchase an Asset, and a Referee who purchases an Asset on the Fedgroup Platform using the unique referral code sent by the Referrer to the Referee through the Fedgroup Platform (“Referral Code” and “Referral” and “Referral Link” have corresponding meanings).
   4. The Referrer, by referring a Referee to us, and the Referee, by accepting the Referral and purchasing an Asset, agree to these Referral Programme Terms.
   5. By using the Referral Programme, the Referrer and Referee also agree to the Impact Farming Terms.
   6. Any reference in these Referral Programme Terms to any legislation will be to that legislation as amended from time to time.
2. How to earn a referral bonus

   In order to qualify for a Referral Bonus, the Referrer must have a Fedgroup Account and own at least 1 (one) Asset. Subject to the other terms and conditions of these Referral Programme Terms, the Referrer will earn a Referral Bonus if:

   1. a Referee clicks on the Referral Link to create a valid Fedgroup Account complying with the Impact Farming Terms; and
   2. the Referee purchases an Asset through the Fedgroup Platform.
3. Qualifying purchase
   1. The Referral Bonus will be credited to the Referrer’s Fedgroup Wallet within 10 (ten) days after we have received payment of the full Asset Purchase Price from the Referee.
   2. Should a Referee’s purchase of an Asset be rejected or the Asset Purchase Price payment be reversed for any reason before expiry of the period referred to in clause 3.1 above, the Referrer will not be entitled to the Referral Bonus.
   3. Should a Referee’s Order be cancelled or a Referee’s Assets be sold within 3 (three) months of us allocating the Assets to the Referee, the Referrer will not be entitled to a Referral Bonus in respect of the associated Assets and, if the Referral Bonus has already been credited to the Referrer’s Fedgroup Wallet, it will be reversed in that account.
4. Multiple referrals
   1. You are entitled to multiple Referral Bonuses, but Referral Bonuses may not be earned and will not be given, by you or the same Referee creating multiple Fedgroup Accounts. In addition, Referral Bonuses accrued in separate Fedgroup Accounts may not be combined into one Fedgroup Account.
   2. A Referee may only use one Referral Link. If a Referee receives Referral Links from multiple Fedgroup Account holders, only the corresponding Fedgroup Account holder of the Referral Link first used by the Referee will receive the Referral Bonus.
5. Termination or suspension of referral programme
   1. We may suspend or terminate the Referral Programme or the Referrer’s or Referee’s ability to participate in the Referral Programme at any time for any reason.
   2. We reserve the right in our sole and unfettered discretion and as we deem appropriate and fair to review, investigate and suspend Fedgroup Accounts or reverse Referral Bonuses if we notice any activity that we believe is abusive, fraudulent or in breach of these Referral Programme Terms or the Impact Farming Terms.
6. Monitoring of referral programme

   We may monitor and record Referral Programme communications or traffic in order to maintain the proper functioning and to prevent unauthorised use of the Referral Programme, and whenever the law requires us to do so.

7. Privacy

   Any information obtained by us, a Referrer or a Referee through the Referral Programme is subject to our Privacy Policy, the terms and conditions of which are contained on the Fedgroup Platform.

8. Your agreement to these terms and any updates or amendments
   1. These Referral Programme Terms may be updated or amended by us at any time in our sole discretion and with prospective effect without prior notice to Referrers or Referees and any updates or amendments will take effect when posted on the Fedgroup Platform unless a later date is stated in the update or amendment. Each time a Referrer/Referee uses the Fedgroup Platform or our Services, it is the Referrer’s/Referee’s responsibility to review the Referral Programme Terms in case of any updates or amendments. If the Referrer/Referee does not agree to our updates or amendments, the Referrer/Referee must discontinue the Referrer’s/Referee’s use of the Fedgroup Platform and our Services and notify us of the discontinuation in writing (to the support team email address specified in the Information Manual).
   2. The limited, revocable, non-transferable license granted to the Referrer and Referee to access and use the Fedgroup Platform is subject to these Referral Programme Terms and the various policies and agreements which may govern such use and access, as indicated on the Fedgroup Platform.
   3. Referrers and Referees may print copies of these Referral Programme Terms and any updates or amendments - any difficulty in printing any of them or assistance required in obtaining hard or electronic copies, should be addressed to our support team by email to the address specified in the Information Manual.
9. Tax

   Referrers/Referees are responsible for any Tax consequences, if any, resulting from Referral Bonuses.

10. Transfer of rights and obligations
    1. We are entitled to cede, assign, delegate or otherwise transfer any of our rights or obligations under these Referral Programme Terms to any third party without Referrers’ and Referees consent first being obtained.
    2. Referrers and Referees are not entitled to cede, assign, delegate or otherwise transfer any of their rights or obligations under these Referral Programme Terms to any third party without our prior written consent, which will not be unreasonably withheld.
11. Waiver

    Failure of a party to insist upon strict performance of any provision of these Referral Programme Terms or any associated agreement, or the failure of a party to exercise any rights or remedies to which it is entitled under these Referral Programme Terms will not constitute a waiver of any of them and will not cause a diminution of the obligations under these Referral Programme Terms or any associated agreement. No waiver of any of the provisions of these Referral Programme Terms or any associated agreement will be effective unless it is expressly stated to be waived and signed by the parties affected by the waiver.

12. Limitation of liability and damages

    We will not, regardless of the circumstances or causes, be liable under these Referral Programme Terms for any consequential, special, indirect or other damages (including, without limitation, lost profits or punitive damages), whether based in contract, delict or otherwise, even if we have been advised of the possibility of such damages. This limitation will apply to the maximum extent permitted by applicable law. The Referrer/Referee expressly agrees that if we are found liable to the Referrer/Referee, regardless of the foregoing limitations, our maximum aggregate liability to the Referrer/Referee, whether arising from breach of warranty, breach of contract, negligence, or on any other legal basis, will not exceed the Referral Bonus.

Impact Farming Information Manuals

Group Risk Ts & Cs

1. I/we in our capacity as an employer and or in our capacity as a management board representative(s)/trustee(s) acting on behalf of the retirement fund hereby apply for membership for my/our employees and or our members to the Fedgroup Life Group Risk policy underwritten by Fedgroup Life.
2. I/we accept the terms and conditions that Fedgroup Life applies to its benefits as stated in the quotation document. On behalf of our employees/members.
3. I/we warrant the correctness of the statements and information contained in the application and acknowledge the correctness thereof and of all other documents submitted now or in the future by any officer, member or intermediary of or on behalf of the employer/retirement fund will constitute a condition precedent to the payment of the benefits provided in accordance with the terms and conditions of the Fedgroup Group Risk policy.
4. I/we consent to our employees/members and their listed dependants participating in the policy to which the proposal relates being called upon to submit to such medical examinations and tests as Fedgroup Life deems necessary, during the currency of the said policy and of Fedgroup Life addressing such requests directly to our employees/members or their dependants, with the same legal consequences as if such requests had been addressed to us.
5. I/we acknowledge that Fedgroup Life reserves the right to cancel membership to the policy if any contribution is not paid on the agreed due date.
6. I/we understand that Fedgroup Life assumes no liability for any employee/member until such time as written notice of acceptance of the benefits is given by Fedgroup Life.
7. I/we undertake to give Fedgroup Life immediate written notice should any changes material to the assessment of the application occur before the date upon which Fedgroup Life grants written acceptance. This will enable Fedgroup Life to reconsider the terms of acceptance.
8. I/we acknowledge that should the application be submitted electronically it is solely for the purpose of convenience and neither our employees/members nor Fedgroup Life (subject to its sole and absolute discretion) will rely on the information herein contained without first providing Fedgroup Life with a signed hard copy of this application.
9. With regards to Capital Disability Cover, Critical Illness Cover and Income Disability Cover, Fedgroup Life will not pay a claim during the first 12 months of the employee/member joining the Fedgroup Group Risk policy, should it be the opinion of Fedgroup Life that the claim is directly or indirectly attributable to an injury or illness, which the employee/member sought medical advice for, or knew about (or could reasonably be expected to have known of), during the six months prior to joining the Fedgroup Group Risk policy.
10. The pre-existing conditions clause will be waived by Fedgroup Life in cases where the employee/member is Actively Working and has previously satisfied these provisions under a policy issued by an insurer who was insuring the same benefits immediately prior to the commencement date of the Fedgroup Group Risk policy. This is only allowed for conditions covered by the previous insurer and is a partial waiver.
11. “Eligible Employee” means a person for whom cover commences by virtue of being an employee, and member means members admitted to a retirement fund in terms of its rules, and for which employee or member a premium is paid.
12. Any employee who becomes eligible for membership of a retirement fund after the commencement date shall be covered as a member on the first day of the month on which he or she first became eligible for membership.
13. All Eligible Employees/members must be insured as participants under the policy. The cover in respect of a participant will be subject to compliance with the “Actively Working” and “Temporary Absence” clauses. Where an employee becomes a participant by the waiving of any eligibility condition, the cover for such participant will not commence until Fedgroup Life agrees to it in writing.
14. "Actively Working"
    1. Employees must be actively working for the policyholder, attending to and capable of fulfilling their normal daily duties on the first working day on which their cover commences and remain actively working for the duration of cover. If not so actively working, the employees’ entry for cover will be deferred until such time as eight consecutive weeks of uninterrupted service is completed.
    2. Employees who are on annual leave, maternity leave, parental leave, adoption leave, family responsibility leave and study leave at the commencement date will have this clause waived, if they did not receive medical treatment prior to the date on which cover would have commenced for a condition that led to their disability or critical illness occurring within eight weeks of their intended date of return to work.
    3. The actively working clause may be waived where the employee has complied with the provisions of the clause under a previous group risk policy, if there has been no break between the policies. Fedgroup Life will provide written confirmation of the waiver of the actively at work clause in the benefit schedule.
15. "Temporary Absence"
    If an employee is temporarily absent from the service of the employer other than by reason of disability covered by this policy, the following provisions shall apply:
    1. Provided that payment of premiums continues, the cover will be provided for a period of six months.
    2. By application from the policyholder and approval by Fedgroup Life, the period of absence can be extended to 24 months, with cover ceasing thereafter.
    3. If the employee resumes active employment after cover has terminated, he or she will be treated by Fedgroup Life as a new employee.
16. To facilitate the consideration of this application and of any claim for benefits under the policy, I/we, on behalf of our employees/members and their listed dependant(s) participating in the policy irrevocably authorise Fedgroup Life to:
    1. Obtain from any person any information that Fedgroup Life deems necessary (including any private medical information of any nature and without limiting information about HIV status) relating to an employee/member or listed dependants that are part of the application or that submit any claim under the policy.
    2. Share with other assurers that information and any other information contained in any related policy or other documents, either directly or through a database operated by or for assurers as a group, at any time (even after the death of the member/employee/dependant) in any form whatsoever.
    3. Give such consent and to make such undertakings, warranties, representations and authorisations in terms of this clause because we warrant that we have authority to act for and on behalf of the member/employees and listed dependants.
    4. Provide such information and indemnify Fedgroup Life, any of its directors, board trustees, employees, consultants, agents or representatives against any claim arising from the provisions and disclosures of such information.
    5. Disclose the said information, provided that nothing in this clause limits or affects the obligation of any person to disclose all material information relating to any application or affirmation in any way whatsoever.
17. Medical evidence will be required for cover that is in excess of the free cover limit (FCL). The cover in excess of the FCL will be granted once the required medical evidence has been submitted to the satisfaction of Fedgroup Life. Fedgroup Life will meet the costs of all medical underwriting required.
18. A policy will not commence and no liability whatsoever will be attached to Fedgroup Life as a result of this policy unless and until all outstanding premiums have been paid and written notice of acceptance of the risk has been given by Fedgroup Life.
19. The cooling-off period enables the employer/retirement fund to reevaluate the policy purchased and cancel the policy by sending a written cancellation notice to Fedgroup Life within 30 days of the policy having been issued. The cooling-off period only applies if no benefits have been paid or an event insured against has not yet occurred. Any premiums paid will be refunded after the deduction of any costs incurred.

Group Savings Ts & Cs

1. As an employer acting on behalf of the company, we hereby apply for membership for our employees into the Fedgroup Group Retirement Savings benefit administered by Fedgroup Employee Benefits.
2. As a management board representative/employer we hereby apply for membership for our members on the Fedgroup Group Retirement Savings benefit administered by Fedgroup Employee Benefits.
3. On behalf of our employees/members, I/we accept the terms and conditions that Fedgroup Employee benefits applies to their benefits as stated in the quotation document.
4. I/we warrant the correctness of the statement and information contained in this application and acknowledge that the correctness thereof and of all other documents submitted now or in the future by any officer, member or intermediary of or on behalf of the employer will constitute a condition precedent to the payment of the benefits provided, in accordance with the terms and conditions of the Fedgroup Group Retirement Savings benefit.
5. I/we consent to our employees/members and their listed dependants participating in the fund to which this proposal relates, being called upon to submit to such medical examinations and tests as Fedgroup Employee Benefits deems necessary, during the currency of the said policy and of Fedgroup Employee Benefits addressing such requests directly to our employees/members and their dependants, with the same legal consequences as if such requests had been addressed to us.
6. I/we acknowledge that Fedgroup Employee Benefits reserves the right to cancel membership to the fund if any contribution is not paid on the agreed due date, as well as report to the Financial Sector Conduct Authority as stipulated in the Pension Funds Act.
7. I/we understand that Fedgroup Employee Benefits assumes no liability for any employee/member until such time as written notice of acceptance of the benefits is given by Fedgroup Employee Benefits.
8. I/we undertake to give Fedgroup Employee Benefits immediate written notice should any changes material to the assessment of this application occur before the date upon which Fedgroup Employee Benefits grants written acceptance. This will enable Fedgroup Employee Benefits to reconsider the terms of acceptance.
9. I/we acknowledge that, should this application be submitted via the Internet, it is solely for the purpose of convenience and neither our employees/members nor Fedgroup Employee Benefits (subject to its sole and absolute discretion) will rely on the information herein without first receiving a signed hard copy of this application.
10. “Eligible Employee” means a person for whom cover commences by virtue of being an employee, and member means members admitted to a retirement fund in terms of its rules, and for which employee or member a premium is paid. Any employee who becomes eligible for membership of a retirement fund after the commencement date shall be covered as a member on the first day of the month on which he or she first became eligible for membership.
11. The cooling-off period enables you to re-evaluate the policy purchased and cancel the policy by sending a written cancellation notice to Fedgroup Life within 30 days of the policy having been issued. The cooling-off period only applies if no benefits have been paid or an event insured against has not yet occurred. Any premiums paid will be refunded after the deduction of any costs incurred.
12. I/we are aware that Fedgroup Employee Benefits has established a default regulation policy, as is legislated through the pension fund regulations.
13. I/we are aware that and have informed our members that they are legally entitled to receive retirement fund counselling, as defined in the pension fund regulations.

Updating an authorised signatory

1. As soon as I/we become aware of a change in the key contact people, I/we will notify the administrator of the details of the authorised signatory(ies) who need to be added or removed.
2. I/we acknowledge that the administrator will only accept instructions signed by an authorised signatory, employer representative or responsible person and that both the primary and secondary signatory sections must be completed.
3. I/we accept full and complete responsibility for the accuracy and integrity of all instructions to the administrator and the administrator is entitled to assume all instructions are valid.

Provide authorisation for your financial advisor to submit instructions on your behalf

1. I/we may authorise a financial services provider (FSP) to submit instructions for the investment on our behalf. If your advisor holds a ‘Category II’ licence with the Financial sector Conduct Authority (FSCA), it is licensed to exercise discretion and submit instructions on your behalf. To do this for all your investments the FSP
2. will need a mandate (instruction) from you. Have you entered into a discretionary agreement with your advisor to exercise discretion and submit instructions on your behalf?
3. Alternatively, if your financial advisor only holds a ‘Category I’ licence, they are not licensed to exercise discretion and submit instructions on your behalf. However, you may authorise them to submit online instructions for this investment only on your behalf
4. I hereby authorise my FSP to submit instructions on my behalf.

Declaration by employer

1. I/We shall seek professional independent tax advice and understand that any reference to tax treatment in the documentation provided to me/us does not constitute tax, legal or accounting advice.
2. I/we confirm that the financial planner whose details are recorded as part of the application has made such disclosures as are required in the terms of the FAIS Act and by Fedgroup Fund Administrators to allow me/us to make an informed decision in terms of the application.
3. I/we confirm that the information contained in the application is, to the best of my/our knowledge, true and correct.
4. By signing this, I/we understand that telephonic and electronic communication may be monitored and recorded by Fedgroup.
5. I/we confirm that the financial planner whose details are recorded as part of the application has made such disclosures as are required in the terms of the FAIS Act and by the fund administrators to allow the participating employer to make an informed decision in terms of the application.
6. The personal information provided about myself/ourselves or any other person will be used to process the application for participation in the Group Retirement Savings and/or Group Risk Cover, and will be used by the administrator to administer this retirement savings benefit. I/we consent to the administrator passing this information to a third party to provide services that are related to the investment, management and administration of this retirement savings benefit.
7. I/we declare that I/we am/are the beneficial owner of the contracting entity, as defined in the FIC Amendment Act and I/we have express authority to act on behalf of the beneficial owner of the contracting entity.

Declaration by participating employer

1. I/,we the duly authorised representative of the participating employer, make application on behalf of the participating employer to the trustees for participation in the Distinction Umbrella Pension Fund or Distinction Umbrella Provident Fund administered.
2. I understand and agree to undertake and to discharge all obligations and duties of the participating employer as specified in the rules of the fund and in terms of the insurance policies.
3. I/We shall seek professional independent tax advice and understand that any reference to tax treatment in the documentation provided to me/us does not constitute tax, legal or accounting advice.
4. I/we understand that participation in the Distinction Umbrella Pension Fund or the Distinction Umbrella Provident Fund is governed by the fund’s general rules and the special rules and regulated by the FSCA.
5. I/we understand that it is compulsory for all new eligible employees to participate from the 1st of the month coincident with or following the date they become eligible.
6. I/we understand that it is a criminal offence to fail to pay contributions deducted from employees’ salaries, in accordance with the Pension Funds Act and that any employee or director responsible for such non-payment may face criminal charges.
7. I/we understand that termination of participation is subject to 60 days’ written notice from the participating employer.
8. The benefits and basis upon which the fund administrators will operate are taken from information set out in this application.
9. I/we confirm that the financial planner whose details are recorded as part of this application has made such disclosures as are required in the terms of the FAIS Act and by the fund administrators to allow the participating employer to make an informed decision in terms of this application.
10. I/we confirm that the information contained in this application is, to the best of my knowledge, true and correct.
11. I/we hereby warrant that I/we have been duly authorised by the participating employer to sign this application on its behalf.
12. The personal information provided about myself or any other person will be used to process my application for participation in the Umbrella Funds and/or Group Risk Benefit and will be used by the administrator to administer this retirement savings benefit. I/we consent to the administrator passing this information to a third party to provide services that are related to the investment, management and administration of this retirement savings benefit.
13. I/we declare that I/we am the beneficial owner of the contracting entity, as defined in the FIC Amendment Act and I/we have express authority to act on behalf of the beneficial owner of the contracting entity.

1. The following terms and conditions ('Terms of Use'') govern your use of the Fedgroup Wallet or related features or services collectively. These Terms of Use are a legal agreement between You and Fedgroup. The Terms of Use apply to You and anyone else you authorise to use the Fedgroup App.
2. You are solely responsible for the completeness and accuracy of the transactions processed on the Wallet.
3. Only You should enter into any transactions on the Wallet.
4. The Fedgroup Wallet is used to purchase products and services from Third-party service providers.
5. You understand that while Fedgroup does not currently charge any fees when you use the Wallet, fees may be charged by Third-party service providers. Please refer to the terms and conditions of Third-party service providers.
6. You understand that your wireless carrier may impose fees. You are responsible for all such fees.
7. You are responsible for maintaining the confidentiality of your login and credentials, and any other means that you may from time to time have to access your Wallet.
8. If your device is lost or stolen, or your login and credentials are compromised, you must immediately notify Fedgroup.
9. You must have the authority and capacity to accept these Terms of Use. If you are a minor under the laws of the jurisdiction in which you enter into this agreement (under 18), you must provide the written consent of an authorised competent person.
10. These Terms of Use only address the terms and conditions that apply to your use of the Wallet. Your device manufacturer, your wireless carrier, and Third-party service provider have their own terms and conditions. You are subject to those Third-party service provider agreements when you give them your personal information, use their products and services or visit their websites. Fedgroup is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of your device manufacturer or any Third-party service provider products or services.
11. It is your responsibility to read and understand the Third-party service provider agreements before creating, activating or using their products or services. We are not responsible for, and do not provide, any support or assistance for any Third-party service provider hardware, software, products or services. If you have any questions or issues with a Third-party service provider, including issues pertaining to the operation of your device, please contact the Third-party service provider for support and assistance.
12. We protect your personal information in accordance with the Fedgroup Privacy Policy for more information on the policy go to www.fedgroup.co.za/privacy
13. By using the Wallet, you agree to and accept these Terms of Use. If you do not accept the Terms of Use or agree with anything in it, then you may not use the Wallet.

1. Users of the Fedgroup Wallet service agree to use the service at their own risk, and Fedgroup will not be held liable for any loss or damage arising out of such use, unless the loss or damage is the fault of Fedgroup’s gross negligence or intentional misconduct.
2. You will be liable for any unauthorised transaction that has been debited to the Fedgroup Wallet by any person other than You, unless it can be proved that such transaction was because of Fedgroup’s gross negligence or an act of fraud on Fedgroup.
3. You indemnify Fedgroup against any claims by third parties or loss suffered by You arising from the use of Fedgroup Wallet services.
4. Products bought using Fedgroup Wallet are sold under the product rules of the Third-party service provider.
5. You use the Fedgroup Wallet service with the knowledge that the Fedgroup Wallet service may be unavailable from time to time because of Third-party service provider or because the system is down or due to maintenance of the system. Fedgroup does not accept any liability for any losses or damages to anyone if this happens; this includes any indirect loss to you.
6. Fedgroup will not be responsible for any losses suffered by you in the event that you lose or accidentally disclose any Fedgroup Wallet information to third parties.
7. Fedgroup will not be responsible to you in the event that the funds in a Fedgroup Wallet are accessed by someone other than you.
8. Fedgroup will not get involved in any dispute between You and Third-party service providers regarding any payments made using the Fedgroup Wallet.
9. Should Fedgroup be prevented from fulfilling any of its obligations due to an event or circumstance, whether natural or man-made beyond the reasonable control of Fedgroup, these obligations will be suspended to the extent that and for as long as Fedgroup is prevented from fulfilling them. An event shall be considered as beyond the reasonable control of Fedgroup, when Fedgroup could not reasonably foresee, prevent, overcome or provide measures against the event.
10. These guidelines may be change from time to time and will be updated on www.fedgroup.co.za
11. You must read these guidelines together with Fedgroup’s Wallet Terms of Use.
12. Are the funds in the Fedgroup Wallet safe?
13. You should treat the Wallet as cash and must keep the Wallet safe.
14. Do I have to pay to use the Fedgroup Wallet Service?
15. You don’t pay for the Wallet.
16. Fedgroup will pay bank interest on positive balances in the Wallet.
17. Fedgroup may suspend the Fedgroup Wallet service:
18. If the service is used fraudulently, illegally or outside the specification of these guidelines;
19. If the Wallet service is compromised in any way;
20. If Fedgroup is required to do so by law;
21. If it is necessary to protect Fedgroup, its customers or its systems.
22. Fedgroup will not be liable for any claims from Third-party service providers who have not received funds or if funds are received later than expected due to the implementation of this clause.
23. How can I make a complaint about the Fedgroup Wallet service?
24. All complaints must be sent to Fedgroup - for further information see www.fedgroup.co.za
25. What does Fedgroup do with any personal information?
26. Fedgroup will treat any personal information as confidential and will take all reasonable steps to protect this personal information.
    Fedgroup will only process personal information in the following circumstances:
    • Fedgroup has consent from the data subject;
    • the law requires Fedgroup to do so;
    • to detect, prevent and report theft, fraud, money laundering and other crimes;
    • it is in the public interest to do so;
    • Fedgroup’s interests require disclosure, for example default or breach of this agreement to manage the relationship with You;
    • Fedgroup’s internal marketing and product development require the information to process payment instructions.
27. Fedgroup may disclose some personal information to Third-party service providers, who are also obliged to keep the information secure and confidential. If Fedgroup does this Fedgroup will never disclose more information than it needs to.
28. For more information on the Fedgroup Privacy Policy visit www.fedgroup.co.za/privacy
29. What are Third-party service provider payments?
30. These are transfers or payments made to a Third-party service provider from the Fedgroup Wallet via a Fedgroup transactional account using Fedgroup Wallet instructions.

Fedgroup Donations Ts & Cs

EFFECTIVE DATE: 4 NOVEMBER 2022

1. Introduction
   1. The Fedgroup Donation application and micro-site web URL: Fedgroup Donations, which includes the electronic online e-Commerce platform (“Fedgroup Platform”) to which these terms and conditions (“Donation Terms”) relate, are made available, managed and owned by Fedgroup Ventures (Pty) Ltd (collectively, “we”, “our”, “us”).
   2. These Donations Terms apply to any person who uses our services, refers to, views or downloads any information made available on the Fedgroup Platform for any purpose (“you”, “your”).
2. Additional terminology and interpretation
   1. The following terminology applies to these Donations Terms:
      1. “Agency Agreement” means the agency agreement concluded between you and the Managing Agent, automatically entered into as a condition of donation under these Terms, the terms and conditions of which are set out in clause 6 below.
      2. “Donations” means any gratuitous disposal of property including any gratuitous waiver or renunciation of a right.
      3. “Donation amount” means the amount paid by you in donation (by electronic funds transfer, once-off debit against or collection from your cheque or current account, or redemption of a Voucher).
      4. “Information Manual” means the electronic document, containing relevant detail and information relating to these Donation Terms and published on the Fedgroup Platform.
      5. “Managing Agent” means Fedgroup Ventures (Pty) Ltd (Registration Number 2012/167478/07), a private company duly incorporated in accordance with the company laws of the Republic of South Africa, situated at 89 Bute Lane, Sandton, Johannesburg, South Africa.
      6. “Fedgroup Account” means your unique account created on the Fedgroup Platform and detailing all fees, charges, interest, and returns applying to you. The opening of a Fedgroup account will automatically result in a “Wallet” being created that is linked to the Fedgroup account. All transactions will take place in the wallet.
      7. “Site” means the property on which the Works will be executed, as detailed in the Information Manual.
      8. “Site Owner” means the owner or operator of a Site, as detailed in the Information Manual.
      9. “Services” means the services rendered by us, the Managing Agent or any Third-Party Suppliers under or in connection with these Donation Terms, or the Sites.
      10. “Third-Party Agreements” means the agreements concluded between us or the Managing Agent and Third-Party in connection with the Donations.
      11. “Third-Party” means any third-party supplier of goods, data or services to us or the Managing Agent or any of our or the Managing Agent’s designated and duly authorised sub-contractors.
      12. “Works” means the works carried or to be carried out at a Site for the operation, as detailed in the Information Manual.
   2. The provisions of clause 1 above and any substantive provisions contained in any definition in this clause 2 (or any other clause of these Donation Terms) form part of these Donation Terms, and effect will be given to them.
   3. Any reference in these Donation Terms to any legislation will be to that legislation as amended from time to time.
3. Your agreement to these Donation terms and any updates or amendments
   1. By continuing to access the Fedgroup Platform or using our Services in any way after Donation, you agree that you have entered into a legally binding agreement with us on the terms and in the conditions contained in these Donation Terms and agree that the Managing Agent is authorised to act on your behalf in the limited circumstances provided for in the Agency Agreement.
   2. These Donation Terms, the Information Manual and any additional agreements, third-party agreements (if applicable) and documents referred to in these Donation Terms, constitute the complete and sole record of the agreement between you, us, and the Managing Agent.
   3. If you do not agree with any term or condition of these Donation Terms and the other agreements and documents referred to in clause 3.2 above or you become dissatisfied with us or the Fedgroup Platform, you must discontinue your use of the Fedgroup Platform and the Services and notify us of the discontinuation in writing (to the support team email specified in the Information Manual). In the absence of notification, your continued use of the Fedgroup Platform or the Services will be construed as your consent to these Donation Terms and the other agreements and documents referred to in clause 3.2 above.
   4. These Donation Terms may be updated or amended by us at any time at our sole discretion and with prospective effect without prior notice to you and any updates or amendments will take effect when posted on the Fedgroup Platform unless a later date is stated in the update or amendment. Each time you use the Fedgroup Platform or our Services, it is your responsibility to review the Donation Terms in case of any updates or amendments. If you do not agree to our updates or amendments, you must discontinue your use of the Fedgroup Platform and our Services and notify us of the discontinuation in writing (to the support team email address specified in the Information Manual).
   5. The limited, revocable, non-transferable license granted to you to access and use the Fedgroup Platform is subject to these Donation Terms and the various policies and agreements that may govern such use and access, as indicated on the Fedgroup Platform.
   6. You may print a copy of these Donation Terms and any updates or amendments - if you have any difficulty printing any of them or require assistance in obtaining hard or electronic copies, you should contact our support team by email to the address specified in the Information Manual.
4. Fedgroup platform generally
   1. The Fedgroup Platform offers parties a platform to donate to Third Parties who are registered Non-Profit and/or tax-exempt organisations.
   2. We conduct a review of each potential Third Party to determine its suitability, utilising all reasonable care and due diligence and compile the Information Manual.
   3. Once we have determined suitability, we populate an Information Manual, which includes information and data relevant to the Third Party, to assist potential Donors to determine whether the cause is suitable for them.
   4. While all reasonable care is taken in ensuring the accuracy of the information contained in the Information Manual, the information is based on information supplied to us by the Third-Party. Accordingly, we cannot and do not provide any guarantee as to the accuracy and completeness of all or any part of the information provided in the Information Manual, and all details are indicative and not guaranteed.
   5. We cannot be held responsible for any inaccuracies, errors, or misspellings or for impartial, inaccurate, or misleading information and are not liable for any damages flowing from them/it.
5. Making a donation and creating a Fedgroup account
   1. To make a donation on the Fedgroup Platform you will be required to create a Fedgroup Account which will in turn create a linked Wallet, which results in you having the rights and obligations detailed in these Donation Terms.
   2. Once you have reviewed the Information Manual and decided to Donate, you must select the number of Units you wish to Donate towards at the represented price and submit an order for them (“Order”).
   3. If you are paying by electronic funds transfer or once-off debit against or collection from your current account, the represented price referred to in clause 5.2 above must be transferred by you to the Managing Agent’s secure trust account (detailed on the Fedgroup Platform) within 48 (forty eight) hours of submission of your Order, where it will be held for your benefit until we have allocated your Donation.
6. Appointment of managing agent and agency agreement
   1. By Donating on the Fedgroup Platform, you agree and enter into the Agency Agreement constituted in this Clause 7.
   2. The Agency Agreement will be valid for the period specified in the Information Manual, commencing on the date on which the relevant Site is commissioned, unless these Donation Terms are terminated earlier.
   3. As a condition of the Donation, you hereby expressly appoint, allow, and authorise the Managing Agent as your special agent with authority to do all things as may be necessary on your behalf in respect of any Donation made by you, including:
      1. entering into agreements with appropriately qualified Third-Party to operate and maintain the operations and for any other purposes as, in the sole and absolute discretion of the Managing Agent, are necessary or prudent;
      2. retaining any funds paid in terms of the clauses above in a secure, annually audited trust account for your account and benefit until your Donation has been allocated.
      3. initiating and continuing with legal, recovery or execution proceedings against any Site Owner, Third-Party or insurer who does not honour its contractual obligations in terms of the relevant agreements; and
      4. varying any of the relevant agreements, only to the extent that the variation is communicated to you and that it is not, in the reasonable discretion of the Managing Agent, deemed to be material to you.
   4. The extent of the agency appointment constituted in this clause 6 is limited to the acts and activities referred to in this clause 6 and the performance of any acts necessary to render the Services.
7. Tax
   1. You are responsible for claiming any tax relief including (without limitation) any deduction contemplated in Section 18A of the Income Tax Act 58 of 1962.
   2. We will provide an official Section 18A certificate on behalf of the third party, once annually, which will be your receipt of Donation for tax purposes.
8. Transfer of rights and obligations
   1. We are entitled to cede, assign, delegate or otherwise transfer any of our rights or obligations under these Donation Terms to any third party without your consent first being obtained.
   2. We are entitled to substitute the Managing Agent at any time without your consent first being had and, should we do so, you consent to the substituted party as the new Managing Agent.
   3. You are not entitled to cede, assign, delegate or otherwise transfer any of your rights or obligations under these Donation Terms to any third party without our prior written consent, which will not be unreasonably withheld. You must notify the Managing Agent of any intended cession, assignment, delegation, or transfer in writing.
9. Disputes
   1. Any dispute that may arise between you and us will be referred for consideration and resolution to our respective chief executive officers (if you are not a juristic person, then you personally will be involved) or their duly appointed representatives.
   2. Should our respective chief executive officers (if you are not a juristic person, with your personal involvement) or their duly appointed representatives be unable to resolve the dispute within 14 (fourteen) days of referral, then the party who wishes to persist in the dispute may, at its option, either institute Court proceedings or refer the dispute for arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”), or if AFSA is not in existence, in accordance with the provisions of the Arbitration Act 42 of 1965.
   3. Should the dispute be referred to arbitration, the arbitrator will be appointed by the parties, and failing agreement within 14 (fourteen) days, will be nominated by AFSA. Should AFSA not be in existence, the nomination of the arbitrator will be by the Chairman of the Johannesburg Bar Council or its successor in title. The arbitration will be held in Johannesburg, conducted in English, and concluded as expeditiously as possible after it has been demanded.
   4. Nothing contained in this clause 18 will be deemed to prevent or prohibit a party from applying to the appropriate Court for urgent relief.
10. Warranties
    1. To the fullest extent permissible under applicable law and except as otherwise stated in these Donation Terms, we make no warranty, express, implied, statutory, or otherwise, with respect to the Third Parties, the Products or any of our Services, and expressly disclaim, without limitation, any warranties of merchantability, fitness for any particular purpose, results or title, and any warranties implied by a course of dealing or performance.
    2. We do not warrant the data, content, features information or quotations provided through the Fedgroup Platform, to be uninterrupted or accurate or free of errors, viruses, or other harmful components.
    3. You are solely responsible for any damage to your equipment, loss of data, or other harm which may result from your use of our Services or the Fedgroup Platform.
    4. We make no warranties and provide no assurances to you regarding the performance of any Sites, Third Parties.
    5. You release us from any liability in relation to or arising from your use of the Fedgroup Platform or our Services, for any reason, including (without limitation) in relation to the Third Party or any failure on our part in rendering Services, regardless of the degree of our negligence. To the extent that applicable law places any restriction on any release of liability, you agree that we are liable for the minimum amount of damages which the law restricts, should a minimum exist.
    6. Any promotional material utilised by us should not be construed as a representation or warranty of any particular standards or your expectations or service specifications and should only be regarded as promotional and educational in nature.
11. Waiver
    1. Failure of a party to insist upon strict performance of any provision of these Donation Terms or associated agreements, or the failure of a party to exercise any rights or remedies to which it is entitled under these Donation Terms will not constitute a waiver of any of them and will not cause a diminution of the obligations under these Donation Terms or any associated agreement.
    2. No waiver of any of the provisions of these Donation Terms or any associated agreement will be effective unless it is expressly stated to be waived and signed by the parties affected by the waiver.
12. Limitation of liability and damages
    1. We will not, regardless of the circumstances or causes, be liable under these Donation Terms for any consequential, special, indirect or other damages (including, without limitation, lost profits or punitive damages), whether based in contract, delict or otherwise, even if we have been advised of the possibility of such damages. This limitation will apply to the maximum extent permitted by applicable law. You expressly agree that if we are found liable to you, regardless of the foregoing limitations, our maximum aggregate liability to you, whether arising from breach of warranty, breach of contract, negligence, or on any other legal basis, will not exceed the Price paid by you to us or, in the case of a redeemed Voucher, the Voucher Value.

The following conditions of entry apply to all entering the Fedgroup Trails.

All participants are required to read and acknowledge the indemnity board and complete the event indemnity form before entering the venue.

You agree to exhibit appropriate behaviour at all times, including obeying all laws, event rules and you understand that your entry may be voided if through your actions or behaviour, in the opinions of the organisers, you have broken these rules or brought the venue into disrepute. You further understand that the trail owners, sponsors and associated entities and its affiliates or contractors reserve the right to reject any entry without having to justify their actions.

All trail users under the age of 18 must have a parent or legal guardian read and accept the participant’s waiver on their behalf. You represent that you are the parent or authorised guardian of any children aged 17 and under (minors) accompanying you and provide these acknowledgements and disclaimers on behalf of yourself and all such accompanying minors. All trail users agree to wear a helmet at all times on the trails.

All trail users agree to exhibit appropriate behaviour at all times, including obeying all laws, trail rules, signage and directions of officials and they understand that their usage may be voided if, through their actions or behaviour, in the opinions of the officials/owners, they have broken these rules or brought the venue into disrepute. They further understand that the officials/owners reserve the right to reject any entry without having to justify their actions.

Some parts of the venue are not open to participants and visitors as part of Fedgroup Trails for safety and other reasons. Fedgroup Trails visitors must not enter fenced- or marked-off or private areas, or areas to which access is denied.

You grant permission to the trail owners, sponsors and associated entities to use your photograph, video, multimedia and/or likenesses of you captured during the use of the venue by the trail owners, sponsors and associated entities and its affiliates or contractors without payment and/or compensation to you. These items become the sole property of the trail owners, sponsors and associated entities to use for any legitimate purpose, including but not limited to promoting advertising and marketing activities.

By entering this venue, you agree to the following disclaimer:

You are warned, acknowledge and accept that “Fedgroup Trails” is a recreational venue, which could be inherently dangerous and involves risks and dangers, both known and unknown, natural and man-made which may result in loss or damage to your property, personal injury or even death. Knowing this to be the case, if you choose to enter the venue, you do so entirely at your own risk and to the extent permitted by law, you release and indemnify the trail owners, sponsors and associated entities, (and its officers, employees, agents, sponsors and contractors) from and against any claim or liability of any nature in relation to injury or death, from you or any third party which might arise from entry to the “Fedgroup Trails” by you and any accompanying persons and/or minors regardless of how the damage, injury or death is sustained or caused.

You understand that the trail owners, sponsors and associated entities and its affiliates or contractors reserve the right to alter the advertised venue, to postpone, reschedule or cancel events and or entrance to the venue if conditions warrant it or otherwise at the trail owners, sponsors and associated entities and its affiliates or contractors’ sole discretion, including for the following reasons: if natural or man-made emergencies make administering the event unreasonable due to pandemics, weather conditions, natural disaster, acts of God, terrorism, war or any other reason (at the organiser’s sole discretion), and that your membership fee will be non-refundable.

You acknowledge that any property or equipment (without limitation) that you bring onto Fedgroup Trails is at your own risk and you release the Coordinators (and its officers, employees, agents, sponsors and contractors) from and against any claim or liability in relation to loss of or damage to such property, even where such loss or damage is caused by negligence, default or breach of contract by the Coordinators (or its officers, employees, agents, sponsors and contractors).

Vehicles parked on the property are done so entirely at your own risk.

In addition, you agree that the Coordinators and any sponsor of this event may use the information contained in this entry form for purposes connected with the event or in the case of the Event Directors any other event promoted or conducted by them, and to provide details of other products, services and events to you from time to time by post and direct email to the postal and email address provided in the entry form. You understand that you have rights under the Privacy Act 1993 to access and correct any information held about you. In addition, you may unsubscribe from this database at any time.

The participant unconditionally and irrevocably indemnifies and holds harmless the trail owners, sponsors and associated entities and its successors, employees, officers, suppliers, contractors, agents, consultants, directors and shareholders against all and any losses, claims, proceedings, actions, damages, (direct, consequential or otherwise), liability, demands, expenses, legal costs (on an attorney and own client basis), medical costs or other costs howsoever arising out of, based upon, or in connection with (directly or indirectly) the participants’ participation in the competition, to the maximum extent permitted by law.

If a participant contravenes these Ts & Cs or any event rules or conditions of entry, the participant’s membership may be cancelled in the discretion of the trail owners, sponsors and associated entities.

The laws of the Republic of South Africa govern the venue and all persons entering into it.

The trail owners, sponsors and associated entities and its affiliates or contractors reserve the right to cancel or alter any aspect of the venue at any time at its sole discretion without liability.

Members and visitors understand and agree that in order to offer the venue; the trail owners, sponsors and associated entities and its affiliates or contractors must collect and use personal information about the members and visitors. This is conducted under the terms of applicable privacy statements.

These terms and conditions are subject to change according to the trail owners, sponsors and associated entities and its affiliates or contractors’ discretion

Any reference to the organisers shall Including the following operating entities:

Fedgroup (pty) ltd

Avianto (pty) ltd

Ilumin8 events (pty) ltd

Collectively “the coordinators”

Please be advised that by activating your membership for ‘Fedgroup Trails’ you accept that you are subject to the cancellation terms below.

You hereby understand and acknowledge that all fees and associated costs (including optional product purchases and donations), paid for “The Fedgroup Trails” venue are NOT REFUNDABLE FOR ANY REASON, under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation.

If the venue is closed due to weather conditions, natural disaster, acts of God, terrorism, war or any other reason deemed reasonable by the trail owners, sponsors and associated entities and its affiliates or contractors, no refunds will be issued.

Fedgroup Golf Day Raffle Ts and Cs

Terms and Conditions for Fedgroup golf day raffle prize

These Terms and Conditions ("Ts and Cs") govern the awarding and utilisation of the prize awarded as part of the Fedgroup golf day raffle. By participating in this raffle and accepting the prize, you agree to comply with these Ts and Cs.

Prize description: The prize consists of an Impact Farming investment with a total value of R1750. This investment comprises 5 nursery saplings and 5 moringa trees. These investments will become part of the winner's portfolio and can only be accessed through the Fedgroup App.

Accessing your investment:

1. The winner must download the Fedgroup App to access their Impact Farming investment.
2. Once the Fedgroup App is downloaded, the winner will supply their unique FG number to gain access to their prize.
3. Once the investment has been loaded, the winner can log in and view their portfolio, which will include the nursery saplings and moringa trees.

Returns and information:

1. All returns and performance information for the Impact Farming investments can be found on the Fedgroup Website and the Fedgroup App.
2. Detailed terms and conditions pertaining to the Impact Farming investments can be found in the "Legal Stuff" section of the Fedgroup Website and the App.

General Terms and Conditions:

1. This prize is non-transferable, non-exchangeable, and has no cash value until maturation of the investments.
2. Each person is limited to 1 (one) entry.
3. The winner must comply with all applicable laws and regulations regarding the ownership and management of these investments.
4. The winner must adhere to any requirement by Fedgroup of its clients.
5. Fedgroup reserves the right to modify or terminate this prize or these Ts and Cs at any time, with or without notice.
6. Fedgroup shall not be liable for any losses, damages, or disputes arising from the winner's management of the Impact Farming investments.
7. Fedgroup shall not be liable for the performance of the investments and cannot make any guarantees thereon.

By entering this raffle, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Fedgroup reserves the right to assess and verify the eligibility of the winner and to disqualify any entrant or winner who breaches these Ts and Cs.

This competition shall run throughout the golf day held on 7 October 2023. The winner will be announced shortly thereafter and notified via email. The winner must redeem their prize by following the steps outlined in “Accessing your investment” hereinabove by no later than three months after receiving the prize. Failure to redeem your prize by this date will result in a forfeiture thereof and the draw will be taken again.

Fedgroup Golf Day Hole-In-One Policy Document

Documents:

Hole In One Policy