These Terms of Service (the “Terms”) are between you, the user, and Investec Bank Limited (registration number: 1969/004763/06), a company registered in accordance with the laws of the Republic of South Africa (“Investec”, “we” or “us”).
By accessing and using Spreadsheet Banking (the “Services”), You agree to be bound by these terms. If you do not agree to be bound by all of these Terms, do not access or use the Service.
Please read these terms carefully before using the Services as they will need to be understood by you and affect your legal rights and obligations.
We may revise and update these Terms at our sole discretion. All changes made to these Terms will be effective immediately upon publication. Your continued use of the Services following the revision will be deemed an acceptance of the changes. It is your responsibility to check these Terms for changes from time to time, as they are binding on you. If we make material changes to these Terms, we will notify you. If you do not agree to these Terms or any changes to these Terms, you must discontinue your use of the Services.
The Services include:
Spreadsheet Banking is a tool that provides users with access to API's and your financial data. The Service enables users to automate, aggregate and manage their finances in one place. Users are required to set up an account via Microsoft and connect their bank accounts via publicly accessible APIs. Spreadsheet Banking is not a payment processor. Users of Spreadsheet Banking may include any person or entity with a Programmable Banking enabled bank account.
Spreadsheet Banking does not include any payment services. Payment services may include services like: processing payment transactions, transfers of funds; receipt of funds; issuing of payment instruments or acquiring payment transactions.
Support Services: If you experience any errors in the Spreadsheet Banking functionality please contact API team team on developer@investec.co.za
We will not be able to assist you if the error is caused by your improper use, or unauthorised change of any software; or the combining of Software with hardware or other software not supplied or identified as compatible by us.
In order to access and use the Services you are required to register and create a user account with Microsoft and Investec will have access to your account details (see Account Registration below). By registering to access and use the Services you confirm that you:
If you do not meet all these requirements, you must discontinue your use of the Services.
You will need a Microsoft account to use Spreadsheet Banking. Your use of Microsoft's software and services is governed by Microsoft's own terms of service and privacy policies. To protect your Microsoft account details and related data provided by Investec, keep your password to this account confidential. You agree that you are responsible for all activity that occurs with relation to your Microsoft account.
As noted above, you are required to create an account with Microsoft to use the Services. Creating this account will require you to submit certain personal data, such as your name and email address. By submitting personal data to Microsoft, you warrant that the personal data you submit is accurate, complete and up-to-date and that you will maintain this accuracy by updating your data when the need arises.
You must maintain the confidentiality of your account. Your login credentials must be available only to you or any other authorised representative of your company. Investec will not be liable for any loss, damage, access or alteration that occur from your inability to keep your login credentials confidential. You should also notify us immediately if you think unauthorised persons have access to your account.
If you are creating a user account as a representative of a company, you warrant that you have the authority to act on behalf of that company when using our Service. We reserve the right to terminate your use of our Services if we find you to be in violation of this section. We also have the right to, at any time, verify your affiliation with such a company.
As a functionality of the Services, and for better user experience, Investec provides you with the ability to sign up or log in to your created or existing Microsoft account. When you connect Microsoft products eg. Excel, to our Service, you automatically authorise Investec to process your personal and other financial data attached to such accounts and products to provide you with the Service.
You are responsible for your own account. You warrant to us that, when using the Service:
Spreadsheet Banking facilitates the updating of your financial data to your Microsoft Excel. This data is retrieved from your Investec bank account. You acknowledge and agree that Investec may access this financial data for the legitimate purpose of providing the Service to you
You acknowledge and agree that when Investec, either directly or through Investec's data aggregator, accesses, and retrieves information from third party sites, Investec is acting as your agent, and not the agent or on behalf of a third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you to allow Investec or our data aggregator to access such information.
You agree to not interfere with Investec's Services and to not access or attempt to access them using a method or purpose other than the intended use. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
We can suspend or cease to provide the Services at any time. If we do this, we will give you at least 30 days' notice.
In some cases, we may need to suspend or terminate your use of the Services service immediately, without notice. We can do this for any of the following reasons:
Please note that 30 days after we terminate your use of the Services, all your Spreadsheet banking registration and set up information will be permanently deleted.
If we suspend the Services or terminate your use of the Services, we will email you to tell you, unless there are legal reasons why we can't.
If you no longer hold an account with either Investec Bank Limited, you will no longer be able to access the services, and all your financial data will be permanently deleted from Spreadsheet Banking .
You acknowledge and agree that using our products and services does not give you ownership of any intellectual property rights in or associated with our products or services. You acknowledge and agree that using our products and Services does not give you a licence or right to use any intellectual property rights in or associated with our products or services outside of the scope of the intended use. You acknowledge and agree that neither these terms nor your use of Investec products and services grant you the right to use any trademarks, branding, or logos shown, used, or otherwise incorporated in our products and Services. You acknowledge and agree to not remove, obscure, or alter any legal notices displayed in or along with our services. You acknowledge and agree to not reverse engineer or reverse compile any of the service's technology, including but not limited to, any Java applets associated with the services.
We may require you to provide certain information and may collect information from your Investec Bank Account.
You agree that in order to enable us to provide the Service, we can share financial data with the Investec Group, our Affiliates and trusted third parties we work with in providing the Service. Beyond this, we will not share financial data without your consent, unless we are obliged to do so to comply with legislation, a court order, or the instructions of a government agency, regulator or Ombudsman
You understand and represent that all information provided by you pursuant to these Terms is accurate, complete and not misleading in any material respect.
We may access, store, host, modify, analyze, process, transmit and otherwise use aggregated, anonymized data generated from or based on the data provided to us by you and/or your use of the Service in order to improve the Service and for commercial and other business purposes.
We will only use personal information and transaction data as required to provide the services and access to the platform to you, to fulfil our obligations to regulatory authorities, or as otherwise disclosed in our Data Protection Notice. Protection of personal information and transaction data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information and transaction data You provide to us or that arises from your use of the services. You agree to review the terms of our Privacy Policy, which we update from time to time, and which forms part of these Terms.
Our customers and partners sometimes may provide suggestions, comments, bug reports, requests for design changes, feature requests and other feedback relating to the Service (“Feedback”). While we welcome Feedback we cannot guarantee that we will fulfil any request. If you provide Feedback or comments relating to use of the Service then all the information and materials, reports, or similar documents you provide, will be deemed Feedback for purposes of these Terms. You agree that we will have, and you hereby assign to us, all right, title and interest in and to the Feedback, without any additional consideration, and we will have the right to use, in any manner and for any purpose, any Feedback and materials provided by you or your employees or consultants to us. We will be the sole and exclusive owner of all improvements, updates, modifications and enhancements made to the Service, whether or not conceived or made in the course of or as a result of Feedback received from you, and of all the intellectual property rights therein.
You acknowledge and agree that Investec regularly changes and improves our products and Services, that we may add or remove functionalities or features, that we may suspend or stop a service altogether, and that we may also stop providing services to you or add or create new limits to our services at any time. You can stop using our Services at any time.
Investec is not an authorised Financial Services Provider in terms of the Financial Advisory and Intermediary Services Act 37 and makes no warranties in this regard. Investec is not a financial planner, advisor, broker or asset manager. The Services or the use thereof do not constitute financial or other expert advice. The Services are provided as tools to augment your personal financial planning and decision-making. You are solely responsible for your financial and banking decisions and assume full responsibility for the risk or loss resulting from your use of the Services.
The Services are provided on an “as is” and “as available” basis. Investec and its service providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights.
You undertake and warrant that you will: not (i) breach or attempt to breach the security of the Service and related systems including, without limitation, accessing or attempting to access any data not intended for you; (ii) refrain from interfering with the proper operation of the platform or take any action which is likely to cause any Services to be interrupted or degraded; (iii) not use the Service, other than for lawful purposes.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Investec makes no warranty (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure, or error-free; (iii) that the results that may be obtained from the use of the Services will be accurate or reliable; (iv) that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (v) that any errors in the technology will be corrected.
No advice or information, whether oral or written, obtained by you from Investec will create any warranty not expressly stated in these terms.
You understand and agree that: (i) the Service may not suit your personal purposes and; (ii) it is difficult to determine what portion, if any, of any loss, injury or death would be proximately caused by a breach by us of these Terms, by any failure or inaccuracy of the Service, or by our negligence.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INVESTEC OR ANY OF ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES OR CONTRACTORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR HARMS OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THESE TERMS (AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), resulting from: (i) the use or the inability to use the Services; (ii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of anyone using the Services; (v) the use, in ability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously on the possibility of such damages; or (vi) any other matter relating to the Services.
No data provided by our Services is an official record of any of your accounts or financial transactions.
You agree to indemnify, defend, and otherwise hold harmless Investec and their affiliates and each of their respective officers, directors, employees, agents, partners and representatives from and against claims, liability, damages, expenses, judgements, awards, losses, and costs (including, but not limited to, reasonable attorney's fees) caused by or arising from: (i) your use of the Services or the use of the Service by any person using your user name and/ or password; (ii) your violation of these Terms, including but not limited to, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone and your user content, other than as expressly authorised in these terms; (iii) the entry, sufficiency, adequacy, accuracy, or timeliness of the Service content or data which forms the basis for making any financial decisions; or (iv) relating to any failure by you to comply with any applicable laws or regulations.
You agree that your relationship with Investec under these terms shall be governed by and construed in accordance with the laws of the Republic South Africa without regard to any choice or conflict of laws, rules or provisions. All claims arising out of or relating to these terms, the products, or the services will be instituted exclusively in the courts of South Africa and you and Investec consent to jurisdiction in those courts. You further agree to attempt informal resolution prior to instituting any legal action, mediation, or arbitration.
You acknowledge and agree that if Investec does not exercise or enforce any legal right or remedy contained in these Terms, such will not be a waiver of Investec's rights and such rights and remedies will remain available to Investec.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
All covenants, agreements, representations, and warranties made in these Terms will survive your acceptance of these Terms and the termination of these Terms.
These Terms represent the entire understanding and agreement between you and Investec regarding the Services and will supersede all other previous agreements, including any prior version of these Terms.