Aimvest: Ashfield Terms & Conditions
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These Terms and Conditions Are Effective 1st June 2023
When you access the Aimvest mobile application and any other services or websites including www.ashfieldinvest.com or https://www.aimvest.ai/ you are agreeing to be bound by the following Terms and Conditions as well as the Ashfield Client Agreement and Ashfield Privacy Policy which may be updated by us from time to time. Please review them carefully.
General Information
Aimvest is a digital wealth advisory platform currently available through mobile applications (web application to be released soon).
Investment Advisory and fund management services on the platform are provided by Ashfield investment Managers LTD (“Ashfield or AIM”), a company incorporated under the laws of Ghana with company registration number CS074702016.
Ashfield is licensed as an Asset Management Company by the Securities and Exchange Commission (SEC) of Ghana.
For purposes of these Terms and Conditions, references to “Aimvest” or the “Platform” refers to the full service offered on the mobile applications collectively by Ashfield as well as their affiliates, partners, agents, and employees.
The provision of investment advisory and fund management services to Aimvest users are governed by these Terms and Condition and the Client Agreements effective 1st June 2023. You should read any applicable Client Agreement carefully before determining whether to engage Ashfield to provide you with, investment advisory and fund management services.
Use of The Platform
Aimvest is intended solely for use by individuals who are aged 18 or older or licensed corporates. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Platform is only intended for use by persons resident in Ghana or any other jurisdiction whose laws permit them to invest in Ghanaian securities. Similarly, we make no representations that accessing Aimvest from locations outside Ghana is legal or permissible by local law. If you access Aimvest outside Ghana, you do so at your own risk and are yourself responsible for compliance with your local laws.
In order to access certain features of Aimvest, you must register or sign-up to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Aimvest has physical, electronic, and procedural safeguards that comply with regulatory standards to guard Users' non-public personal information. You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party, and you will notify Ashfield immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account.
As a User, you agree that you shall be solely responsible for any activities and transactions under your User Account, whether or not you have authorized such activities or actions. You agree that the information you provide to us on account registration through our mobile applications will be true, accurate, current, and complete.
Alerts, Notifications, and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a User. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing-oriented emails at any time.
Publicly Available Portions of Platform
The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not a party to a (Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice.
In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, Ashfield will not be liable for any actions you take based on the information you receive via the publicly available portions of the Platform.
Access to The Platform
Ashfield reserves the right, in its sole discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms and Conditions, and the provision of any investment advisory services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall supersede all other agreements.
Investment Tools and Model Predictions
Aimvest makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner.
Any historical return information on the Platform does not represent the actual performance of any specific investor’s account and may not reflect all factors that could impact such performance for an individual investor.
Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments on Aimvest may lose value.
The return, composite, and performance information shown on the Platform, uses or includes information compiled from third-party sources, including independent market quotations and index information. Ashfield believes the third-party information comes from reliable sources but does not guarantee its accuracy.
Changes or Delays in Security Information
Any price quotes, interest rates, or displayed information about any security may be delayed for 24 hours or longer. Price quotes, interest rates, or displayed information about any security are subject to change without notice. Neither Ashfield nor any Third-Party Providers make any representations, warranties, or other guarantees as to the accuracy or timeliness of any price quotes, interest rates, or displayed information involving any security.
External Links
The Platform links to certain content created by third parties that are not affiliated with Ashfield. Ashfield is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. Ashfield assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.
Conditions of Use
You agree that you will comply with all applicable laws, including, without limitation privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.
Access and Interference
You agree not to engage in any of the following:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Ashfield’s express written consent, which may be withheld in Ashfield’s sole discretion.
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Explorer).
Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
Access and Interference
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the mobile application or website may be subject to legal action.
Communications with Ashfield
Authorised employees or agents of Ashfield may monitor and record all or portions of your telephone calls, emails, text messages, chats, and other communications with Ashfield for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. Ashfield may also archive your communications on the Aimvest mobile applications for regulatory and other purposes.
Limited Liability
NEITHER ASHFIELD, OTHER PARTNER FINANCIAL INSTITUTIONS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANYWAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER ASHFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL ASHIELD’S CUMULATIVE LIABILITY TO YOU EXCEED GHS 100.00.
No Warranties
All products, services, and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. Ashfield specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform. Ashfield does not guarantee that the Platform will operate error-free or that the platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.
Indemnification and Hold Harmless
You agree to indemnify, defend, and hold Ashfield harmless from any liability, loss, claim, and expense, including attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. Ashfield reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Ashfield’s defense of such matter.
Choice of Law
All Website activity or use and these Terms and Conditions are governed by the laws of Ghana.
If there is a legal dispute, it shall be referred to, and finally resolved by, arbitration. Disputes submitted to arbitration shall be resolved in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798).
Arbitral tribunal shall consist of a sole arbitrator who shall, in the absence of agreement between the Parties, be appointed by the Ghana Arbitration Centre.
The rules of the Ghana Arbitration Centre in force at the date of this Agreement shall apply. The place of arbitration shall be Accra, Ghana and the language of the arbitration shall be English.
The arbitral tribunal shall give a written record of the award and the reasons for it and the award shall be final and binding. The Parties hereby undertake to carry out the award immediately and without delay.
Each Party shall bear its own costs and expenses, including legal and any other professional and advisory fees, incurred in connection with the arbitration contemplated herein notwithstanding the outcome of the arbitration.
You agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of Ghana.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Waiver and Severability
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Assignment
You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of Ashfield, and any prohibited assignment will be null and void. Ashfield may assign these Terms and Conditions or any rights hereunder without your consent.
Platform and Terms Subject to Change
We reserve the right to change these Terms and Conditions by posting a revised agreement. If you don't agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.
Last Updated 1st June 2023