1.1. For purposes of these terms and conditions, unless otherwise indicated by the context of the sentence or clause, the following terms will have these meanings:
1.1.1. Allan Gray/Administrator
Allan Gray Investment Services Proprietary Limited, a wholly owned subsidiary of Allan Gray Proprietary Limited and the administrator of the Fund, appointed in terms of section 13B of the Pension Funds Act, No. 24 of 1956.
1.1.2. Allan Gray Group
Allan Gray, Allan Gray Proprietary Limited and all of their subsidiaries and associate companies addressed as 'we', 'us' or 'our'. This includes Allan Gray’s directors, employees, agents, consultants and advisers.
1.1.3. Authorised User
Any person who has been authorised to use the Portal on behalf of a participating employer in order to administer the employer’s scheme in the Fund.
1.1.4. Business Day
Any day other than a Saturday, Sunday or public holiday in South Africa.
1.1.5. FAIS Act
The Financial Advisory and Intermediary Services Act of 2002.
1.1.6. FIC Act
The Financial Intelligence Centre Act of 2001.
The Allan Gray Umbrella Retirement Fund.
Includes all employer, Authorised User and Member personal and other confidential information.
A request submitted through the Portal by an Authorised User to change details, submit schedules or exit Members from the Fund.
1.1.10. Intellectual Property Rights
All patents, trademarks, service marks, logos, brand names, or other marks of the Allan Gray Group, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software, and other similar rights or obligations, whether or not registerable, registered or application for registration having been made, in any part of the world, and includes any changes or additions thereto.
1.1.11. Login Details
The unique user name and secret password required to access an Authorised User’s Account on the Portal.
All claims, demands, penalties, losses, damages, expenses and/or charges of whatsoever nature, including direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage.
The employees of the participating employer who have become Members of the Fund and whose retirement contributions are administered via the Portal.
The internet-based Allan Gray Group Savings Portal, currently found at https://secure.allangray.co.za/group-savings through which a participating employer can administer its employee benefits scheme.
1.1.15. User Account
The Authorised User’s account on the Portal, which encompasses the Authorised User’s Login Details, access rights and permissions.
The person who logs on to the Portal as an Authorised User.
1.2. We have inserted the clause headings for convenience only. The headings should not affect your interpretation of these terms and conditions.
1.3. Any reference to a person includes a natural and juristic person.
1.4. The rule of construction, that a contract must be interpreted against the party responsible for the drafting or preparation of the contract, does not apply.
1.5. All defined terms are used in title case. You should interpret the same terms appearing in lowercase according to their plain English meaning.
1.6. Whenever the words "including" or "include", or "excluding" or "exclude" are used, together with specific examples, these words will not limit the scope of the example referred to. This applies to all examples used in these terms and conditions.
1.7. References to any Act or enactment will be deemed to include references to the Act or enactment as re-enacted, amended, or extended from time to time.