Terms and Conditions | Fedgroup Products, Services, and Platforms

Table of Contents

Introduction

If you love reading the fine print, you’ve come to the right place. Here you will find all the terms and conditions that govern your use of the Fedgroup website, app, portal or any of our products and services.

Digital channels and Financial Advisor Ts and Cs

FSP and representative Ts and Cs

Investments Ts and Cs

Do you always dot your i’s and cross your t’s? So do we! Here’s everything you need to know before making an investment decision.

Secured Investment Ts and 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.

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”).

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.

Investments in the Fund must remain invested for a period of no less than 5 years.

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.

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.

The early cancellation fee shall be calculated as the specified percentage of the capital amount repurchased or transferred.

The early cancellation fee may be varied by the Manager from time to time.

No Manager Repurchase fee shall be charged in respect of any participatory investment interest that has been earned and reinvested by the Investor.

The Manager does not charge any fees for withdrawal from the Tax-Free Investment Option.

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.

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.

Re-invested participatory interest will be regarded as a separate (new) investment made at the current prevailing rate at the time of the reinvestment.

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.

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:

the Manager has been informed in writing thereof; and
such fees and charges, as may be determined by the Manager, have been paid in full.

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.

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.

Interest and capital will only be paid into a bank account in the name of the Investor. Third party payments are not allowed.

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.

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.

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.

Investments greater than R25 million are subject to additional Terms and Conditions. Please contact the Manager to obtain further information in this regard.

Both the Manager and the Nominee Company hold professional indemnity insurance and fidelity cover.

All Employees or subsidiaries of Fedgroup may invest in the Fund.

Complaints may be lodged as per the Complaints Resolution Policy published on our website. Visit our Complaints page for more information.

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.

The Manager subscribes to the principles and standards set by the Association for Savings and Investment South Africa (ASISA). The standard regarding unclaimed funds is followed, including the tracing of investors of unclaimed funds and the passing on of administrative, management and tracing fees directly to the investments.

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.

The investor warrants that the investment as per Section 2 of this application form is obtained from legitimate sources, and that the investor has complied with and will continue to comply with all legislation, including but not limited to money laundering and income tax legislation.

The Manager reserves the right to update these terms and conditions.

Tax-Free Savings Account Ts and Cs

EFFECTIVE DATE: 26 JULY 2022

The Fedgroup Tax-Free Savings Account (TFSA) 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.

You can invest up to the prescribed maximum amount per tax year and lifetime total in 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.

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.

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.

A product provider may refuse to accept any transfer of any amount in respect of a tax-free investment.

A product provider that transfers any amount in respect of a tax-free investment must issue a certificate as prescribed in the regulations.

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.

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.

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.

Complaints may be lodged as per the Complaints Resolution Policy published on our website. Visit our Complaints page for more information.

You are responsible for providing Fedgroup with correct and up-to-date information.

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.

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.

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.

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 warrant 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.

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.

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 Investment Ts and Cs

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

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).

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.

Terms and conditions specific to Participation Bonds:

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.

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.

Upon the Manager’s consent, the Investor may cede, transfer or encumber his or her investment, subject to the following:

The investor must make a request to the Manager in writing
The request will not be enforceable against the Manager unless the Manager has confirmed same in writing

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.

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.

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.

Interest and capital will only be paid into a bank account in the name of the Investor. Third-party payments are not permitted.

Terms and conditions specific to Tax-Free Savings:

Tax-Free Savings is only available to South African taxpayers
There is no set term for the investment in Tax-Free Savings

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.

Tax-Free Investment is only available to SA taxpayers.

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.

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.

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.

Interest payable by the bondholders may fluctuate and therefore interest payable to investors in Tax-Free Savings may also fluctuate.

Both the Manager and the Nominee Company hold adequate levels of professional indemnity insurance and fidelity cover.

All employees or subsidiaries of Fedgroup may invest in the Fund.

Complaints may be lodged as per the Complaints Resolution Policy published on our website. Visit our Complaints page for more information.

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.

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.

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.

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.

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

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.

Unit Trust Ts and Cs

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.

Unit Trust Ts & Cs

Disclaimer and statutory disclosures

The investor acknowledges and understands that Fedgroup cannot provide the investor with advice. Any information and opinions that may be provided by Fedgroup is 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.

In order to offer you this product, we have to process your personal information. We will share your information with other service providers. This includes information about your product and payments. We do this to manage your investment. We will treat your personal information with caution and have put reasonable security measures in place to protect it. By signing this application, you agree to the processing and sharing of your personal information.

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 that 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 fees, 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 fees and custodian fees. Fedgroup is a member of the Association for Savings and Investment SA (ASISA).

I/We have read and understand the MDD and complaints process were disclosed and are available at www.fedgroup.co.za.

Declaration

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 wording or process will apply.

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 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

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 resulting 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.

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 application form, 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 indemnifies Fedgroup accordingly.

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.

View Unit Trusts documentation

Money Market Ts and Cs

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

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.

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.

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.

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.

View Unit Trusts documentation

Endowment Ts and 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.

2. 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.

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.

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.

Proceeds: The proceeds payable is the investment account on the date of death less any charges and/or fees subject to legislative limits.

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 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’s ability 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. 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 upon maturity or to the nominated beneficiaries in the event of death of the life insured.

Beneficiary nominations are made according to the rules governing each product and its category. Where the policy matures, it will always pay out to the policyholder. The beneficiary nomination will only be relevant when the life insured passes away.

The appointment or removal of a beneficiary will not be binding on Fedgroup unless it is recorded by Fedgroup. Therefore, policyholders must ensure that their nominated beneficiaries are up to date at all times. The table below summarises the information noted above and outlines the beneficiary appointment scenarios available.

Policyholder

Life Insured

Beneficiaries

Individual

Policyholder is the only life insured. No other nominations can be made.

One beneficiary for ownership allowed OR many beneficiaries for proceeds.

Trust

All beneficiaries of the trust will be the lives insured.

Applicable to listed beneficiaries of the trust.

8. Nomination types of beneficiaries on Endowment product:

Only applicable to individuals:

For individual investors, the policyholder will be the only life insured. No other nominations can be made.
Only the policyholder can appoint beneficiaries.
The insured may not be a beneficiary.
The policyholder can appoint ONE beneficiary for ownership OR multiple beneficiaries for proceeds.
A nomination may me added, cancelled or changed at any time, and it must be in writing and signed by the policyholder.
If no beneficiaries have been nominated, proceeds will go to the estate.

The policyholder nominates a beneficiary for ownership:

The beneficiary for ownership will become the new policyholder/owner of the policy if the policyholder passes away.
The product will continue to run full term in its current state.

The policyholder nominates beneficiaries for proceeds:

When the life insured passes away 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 beneficiary does not accept the proceeds, it will be paid to the deceased estate of the policyholder.
The policy will terminate, and the total investment balance will be paid to the nominated beneficiaries.
Beneficiaries can take up any new product of their choice or take the cash payout.

Only applicable to trusts:

Since the policyholder is a trust, all beneficiaries of the trust will be the lives insured under the endowment.

9. 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 between three years and ten 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.

10. 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.

11. 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.

12. 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.

13. Contributions

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.

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.

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.

14. Withdrawals from the policy

A single withdrawal is allowed in the restricted period subject to liquidity within the investment portfolios and to the maximum percentage and applicable notice period as specified in your signed quote.

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.

Loans and cession of the policy

Loans

The policy may not be used as security for any loan from Fedgroup, and Fedgroup does not permit or provide loans secured by the policy.

Cession of the Policy

The rights and benefits under this policy may be ceded or pledged as security to a third party, subject to the following conditions:

Any cession must be in writing, duly executed in accordance with South African law, and must be formally notified to Fedgroup in a manner prescribed by Fedgroup.

A cession does not transfer ownership of the policy but grants the cessionary limited security rights, enforceable only upon the cedent's proven default on the underlying obligation.

The rights of the cessionary are strictly subject to all existing policy terms and conditions, including but not limited to:

The five-year restriction period;
Surrender and withdrawal limitations;
Maturity provisions.

A cession does not create any additional right to access or accelerate payment under the policy and may not override or vary the product rules or terms of the policy in any way.

Fedgroup reserves the right to decline or delay payment where:

The cession has not been properly notified and recorded;
There is a dispute between the cedent and cessionary;
The policy has not reached a permissible withdrawal stage in terms of its rules.
The cessionary is not a Locally Controlled Bank, as published by the South African Reserve Bank from time to time;

In the event of a conflicting claim or legal uncertainty, Fedgroup may, at its sole discretion, elect to:

Withhold payment until the dispute is resolved by agreement or court order, or
Pay the benefit into court (interpleader) to avoid liability.

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.

16. Income tax consequences

A payment from an annuity 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 annuity 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

27%

Effective CGT

22.4%

Company Policyholder Fund

Policyholder

Company or CC

Income Tax

27%

Effective CGT

22.4%

Untaxed Policyholder Fund

Policyholder

Tax exempt entities and all retirement funds

Income Tax

Nil

Effective CGT

Nil

Corporate Fund (insurance company’s funds)

Income Tax

27%

Effective CGT

22.4%

Capital gains tax consequences

An endowment policy’s payout to the policyholder is a capital amount. Paragraph 55 of the Eighth 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 this 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.

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 annuity 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.

17. 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 their 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.

18. 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 annuity 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:

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.

Restriction on premium increases

You can make a minimum lump-sum investment of R100 000 or a minimum monthly recurring investment of R3 000. 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

Period 1

Period 2

Period 3

Premium period (12 months from date of first premium)

Year

Jan 2020 – Jan 2021

Jan 2021 – Jan 2022

Jan 2022 – Jan 2023

Contractual premium

R10 000 pm

Total annual premium

R120 000 pa

Ad hoc premium

R50 000

R100 000

Date

1 June 2015

1 May 2016

1 April 2017

Total annual premium paid

R 170 000 pa

R 220 000 pa

Impact of the 20% Rule

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%.

Previous premium period against which to measure the restriction.

Years’ premium + 20% (in this case only year 1): R170 000 + 20% = R204 000 max. Premiums permitted in year 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

19. 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

20. Undertakings

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’).

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.

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.

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 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 for electronic communication and transactions. Where Fedgroup 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.

Consent to debit bank account

The policyholder consents to the debiting of their bank account, in the event that any lump-sum needs to be recovered from their 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 they have the necessary authority to do so.

21. 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.

Responsibilities of Fedgroup:

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 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. The latest terms and conditions, as well as additional information, can be obtained free of charge.

Impact Farming Ts and Cs

Roll up your sleeves and dig into the inner workings of making money while doing something big. Here are all the terms and conditions related to our Impact Farming product.

EFFECTIVE DATE: 25 SEPTEMBER 2020

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”).
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.
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.
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.
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.
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.
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.
Fedgroup platform data
1. 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.
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.
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.
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.
Asset end of life
1. 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.
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).
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.
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.
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.
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.
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.
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.
Waiver
1. 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.
Limitation of liability and damages
1. 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.
Export control laws and exchange control regulations
1. 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.

Impact Farming refer and earn rules

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.
How to earn a referral bonus
1. 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.
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.
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.
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.
Monitoring of referral programme
1. 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.
Privacy
1. 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.
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.
Tax
1. Referrers/Referees are responsible for any Tax consequences, if any, resulting from Referral Bonuses.
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.
Waiver
1. 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.
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.

Fedgroup Donations Ts and Cs

EFFECTIVE DATE: 4 NOVEMBER 2022

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”).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Private Capital Ts and Cs

Employee Benefits Ts and Cs

Do you always dot your i’s and cross your t’s? So do we! Here’s everything you need to know before completing a group benefits application.

Group Risk Ts & Cs

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
"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.
"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.
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.
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.
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.
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 Retirement Savings Ts & Cs

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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
I/we are aware that Fedgroup Employee Benefits has established a default regulation policy, as is legislated through the pension fund regulations.
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

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.
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.
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

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
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?
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
I hereby authorise my FSP to submit instructions on my behalf.

Declaration by employer

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.
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.
I/we confirm that the information contained in the application is, to the best of my/our knowledge, true and correct.
By signing this, I/we understand that telephonic and electronic communication may be monitored and recorded by Fedgroup.
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.
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.
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

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.
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.
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.
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.
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.
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.
I/we understand that termination of participation is subject to 60 days’ written notice from the participating employer.
The benefits and basis upon which the fund administrators will operate are taken from information set out in this application.
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.
I/we confirm that the information contained in this application is, to the best of my knowledge, true and correct.
I/we hereby warrant that I/we have been duly authorised by the participating employer to sign this application on its behalf.
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.
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.

Beneficiary Care Ts and Cs

Do you want to ensure your loved ones are taken care of, down to the last detail? So do we. Here’s everything you need to know about our Beneficiary Care.

Beneficiary Fund Ts and Cs

The Fedtrust Beneficiary Fund is managed by Fedgroup Employee Benefits (Pty) Ltd, an authorised administrator. Our role is to oversee beneficiary funds and ensure they are managed responsibly and in your best interest. This is done in accordance with the rules of the Fedtrust Beneficiary Fund and is regulated by the FSCA (Financial Sector Conduct Authority), which ensures that everything is handled properly.
For the latest information and rules of the Fedtrust Beneficiary Fund, please visit: www.fedgroup.co.za.

Investment Control Trust Ts and Cs

The Fedtrust Investment Control Trust is registered with the Master of the High Court and managed by appointed Trustees. Fedgroup administers the Trust in line with the Beneficiary Care Umbrella Trust Deed, ensuring that funds are responsibly managed in the best interest of the beneficiary.
For the latest information and Trust rules, please visit: https://www.fedgroup.co.za/wealth/beneficiary-care/legal-and-governanc.

Fedgroup Trails Ts and Cs

Preparation requires discipline, endurance and knowledge. Before you hit the hills be sure to read the fine print.

Conditions of entry

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.

Indemnity

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.

Ts and Cs

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 includ3 the following operating entities:

Fedgroup (Pty) Ltd
Avianto (Pty) Ltd
Ilumin8 events (Pty) Ltd
Collectively “the coordinators”

Transfers, refunds and cancellation policy

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 TNT and Ride Joburg Ts and Cs

Competition Ts and Cs

Terms and conditions govern the awarding and utilisation of the prizes in various competitions.

Impact Farming survey competition Ts and Cs

Card sorting exercise competition Ts and Cs

Fedgroup Golf Day Hole-In-One Policy

Fedgroup Golf Day Raffle Ts and Cs

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:

The winner must download the Fedgroup App to access their Impact Farming investment.
Once the Fedgroup App is downloaded, the winner will supply their unique FG number to gain access to their prize.
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:

All returns and performance information for the Impact Farming investments can be found on the Fedgroup Website and the Fedgroup App.
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:

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

Introduction

Digital channels and Financial Advisor Ts and Cs

Investments Ts and Cs

Secured Investment Ts and Cs

Tax-Free Savings Account Ts and Cs

Tax-Free Savings Investment Ts and Cs

Unit Trust Ts and Cs

Unit Trust funds overview

Unit Trust Ts & Cs

Disclaimer and statutory disclosures

Declaration

Money Market Ts and Cs

Money Market overview

Money Market Ts & Cs

Disclaimer and statutory disclosures

Declaration

Endowment Ts and Cs

1. Documents that form the basis of the policy

2. The following definitions apply to this policy:

3. The Fedgroup Endowment Policy

4. Investment Portfolio

5. Policy suitability

6. The term of the policy

7. Benefits and beneficiary nominations

8. Nomination types of beneficiaries on Endowment product:

9. What if the benefit payable at death is not claimed after the death notification?

10. Unit pricing

11. Investment account

12. Fees and charges

13. Contributions

14. Withdrawals from the policy

Loans and cession of the policy

Changing recurring contributions

16. Income tax consequences

Capital gains tax consequences

Estate duty and endowment policies

17. Section 63 of the Long-Term Insurance Act – policy protection

18. Section 54 of the Long-Term Insurance Act

Restriction on investment term

Restriction on premium increases

20. Undertakings

Processing of personal information

Confirmation that all information is correct

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

Consent to disclosure of information

Consent to debit bank account

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

Impact Farming Ts and Cs

Fedgroup Donations Ts and Cs

Private Capital Ts and Cs

Employee Benefits Ts and Cs

Group Risk Ts & Cs

Group Retirement Savings Ts & Cs

Beneficiary Care Ts and Cs

Fedgroup Trails Ts and Cs

Conditions of entry

Indemnity

Ts and Cs

Transfers, refunds and cancellation policy

Fedgroup TNT and Ride Joburg Ts and Cs

Competition Ts and Cs

Fedgroup Golf Day Raffle Ts and Cs

Beneficiary Care Ts and Cs