These are our standard Terms & Conditions upon which we intend to rely.  For your own benefit and protection you should read these terms, brochures and any accompanying information supplied very carefully before signing.  If for any reason you do not understand any point please ask for clarification or further information.

1. Definitions

Application Form – The form that you must complete when applying for any Trade Solutions and or Risk Mitigation services and or other services or products.
Business Day – any day other than a Saturday, Sunday, bank holiday or other SA, UK or USA public holiday.
Service Provider – any individual or company proving a service or product that you have requested.

2. Your Application

• We may accept a fully and correctly completed Application Form from you. We have the right to reject or decline an application for any reason.
• When submitting a formal application you confirm that the information you have provided is both accurate and complete.
• By submitting any Application Form you instruct us to approach the relevant parties, institutions and their associates, to obtain the required facilities, services and products on your behalf.
• By submitting any application you confirm that you are in a proper position to qualify for the required services & products.
• By submitting any application you do so on the basis that you accept and agree to all Terms & Conditions.

3. Client Classification

• All clients submitting a formal application form confirm that they are experienced, knowledgeable, and have spoken to a qualified and authorized Financial Adviser before applying.

4. Conflicts of Interest

• We take all reasonable steps to identify direct conflicts of interests.
• Our aim is to manage any such conflicts of interest that do arise and ensure that all customers are treated fairly.

5. Your right to change your mind

• You are not obligated to take up any offer.
• Should you wish not to proceed with an offer received, then you may cancel your application within 21 (twenty one) days of receipt of the offer. Failure to cancel in writing within this period will be construed as acceptance of the offer.

6. Charges

• A submission of application, compliance and administration fee is payable on formal application.
• Any issuing fees are payable to attorneys under signed agreement prior to the issuance of the agreed financial instrument.  Alternatively a suitable payment guarantee for the issuing fees can be provided, this is not available on all services and products, only on prior negotiation and mutual acceptance.
• You will be advised of any other charges that may arise, and your confirmation of acceptance obtained prior to proceeding.

7. Regulatory compliance 

• We may carry out electronic checks on your identity before we accept an application from you, or prior to the issuing of any services or products. This is so that we can be sure that we are taking instructions only from the correct person and complying with the various international regulatory requirements.
• This enables us to comply with any regulatory, diligence and compliance requirements and is for our mutual protection.  When submitting submitting any enquiry or request you give full permission to obtain such information.  It might be necessary for us to ask you for, and for you to provide, more information as part of this process.

8. Communications and unwanted calls

• We will usually only communicate with, update and report to you in writing.
• You give us permission to communicate by email or to phone you if we need to do so but only at a reasonable hour.

9. Corporate and Trustees

• If you are a company or corporate trustee you confirm that:
  • You have the corporate authority to make an application.
  • By making an application you do not breach any of your constitutional documents.
  • You have provided an up-to-date list of signatories.
• You agree to give us any documents and information that we ask for in support of your application.
• If you are a trustee you confirm that:
  • You are an authorised trustee of the relevant trust.
  • You have the authority and consent to make an application.
  • By making an application you do not breach the constituting trust documents.
  • You have provided an up to date list of trustees and signatories.
• You agree to give us any documents and information that we ask for in support of your application.

10. Liability

• We will use reasonable care to carry out the obligations set out in these Terms and Conditions and will be liable to you only for any negligence or deliberate fraud on our part.  We will not be liable to you or have any responsibility for any loss or damage you suffer as a result of any event or circumstance that is not reasonably within our full control.  We will not be liable to you for any act or fraud by any person, firm or company through or with whom transactions are carried out on your behalf.
• We will not be liable or have any responsibility of any kind for any loss or damage you suffer as a result of any failure, interruption or delay in carrying out our obligations resulting from:
  • Breakdown or failure of any telecommunications or computer service;
  • Industrial disputes;
  • Failure of other people to carry out their obligations;
  • Acts of governments or international authorities;
  • Any other event or circumstance that is not reasonably within our full control.
• Nothing in these Terms and Conditions of business will exclude any obligations we may have in common law.

11. Complaint Handling

• You will not have any referral rights to any Ombud for Financial Services Providers or similar bodies in respect of activities of Robin Grobler.
• You may complain, directly to us, about any aspect of your dealings with us.
• If you ask us to we will send you written details of how we will deal with your specific complaint.
• Making a complaint will not affect your right to take legal action.

12. Access to any compensation scheme

• You will not be entitled to compensation under any compensation scheme if Robin Grobler is unable to meet any obligations.
• If the performance of the service or product does not match your requirements, you will not, for that reason alone, be entitled to any compensation.

13. Governing Law & Jurisdiction 

• Agreements will be governed by South African law and will come into force when we receive your Formal Application, the Jurisdiction will be that or the Western Cape and more specifically the Stellenbosch Magistrate when applicable.

14. Enforcement

• If any of these Terms are held to be unenforceable this shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision will be replaced by an enforceable provision which comes closest to the intention underlying the unenforceable provision and which is of similar effect.
• If we fail, or choose not to, enforce any provision of these Terms and Conditions this will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms.
• None of our employees, officers or agents may verbally alter, modify or waive any provision of these Terms and Conditions.

15. Data Protection statement

• We may hold personal and financial information on computer and manual systems and use this to handle and service your application and to put together statistics for assessment and analysis.
• We may make your personal and financial information available:
  • To associated companies to process your application (we or they may contact you by mail, phone or e-mail with products or services that may interest you);
  • As we are obliged to under the requirements of any law, regulation or court order that we must follow;
  • To you if you ask;
  • To transfer the data to third party service providers and agents;
  • To transfer the data outside of South Africa;
  • To use the data for the prevention of fraud and money laundering.
• You should notify us of changes in your data.
• If you require a copy of the information we hold on you, you should write to our Data Protection Officer.

16. Amendment to these Terms and Conditions

• We may vary these Terms and Conditions from time to time without giving notice of such change. We will only make changes for good reason including but not limited to:
  • Making them clearer;
  • Reflecting legitimate increases or reductions in the cost of providing the service to you;
  • Providing for the introduction of new systems, services, changes in technology and products;
  • Rectifying any mistakes that may be discovered in due course;
  • Reflecting a change of applicable law or regulation;
• Any amendment which is made to reflect a change of applicable law or regulation may take effect immediately or otherwise as we may specify.