Abacas Home
Skip navigation links
About Abacas
Premier Series
Global Corporate Series
Latitude Series
Horizon Series
Contact Us
Print this page
Terms and Conditions of Use 

CONDITIONS OF ACCESS
The use of this site is subject to the terms and conditions of use as set out below. It is important that you read and understand the terms of use applicable to this site.

ACCEPTANCE 
These terms and conditions of use become effective when you access this site for the first time and constitute a binding agreement between Abacas (Proprietary) Limited or its co-subsidiaries or affiliates (“Abacas”), as the case may be, and you. The current version of these terms and conditions of use govern our respective rights and obligations each time the site is accessed by you.
We may amend these terms and conditions of use from time to time without notification to you. By accessing this site you are bound to the version of the terms and conditions published at the time of any visit to this site. You agree to view the current version each time that this site is visited.

INFORMATION ON THIS SITE

  • The offering circulars contain information as to the selling restrictions applicable to any particular product and you should read them carefully.
  • The site and all information provided herein are provided “as is”. The information supplied in connection with Abacas  does not constitute the rendering of financial investment  advice by Abacas or any other professional advisors and is not intended to provide the basis of any credit, financial or other evaluation. 
  • The information contained herein merely contains a description of certain facts as at the date thereof.  The information supplied in connection with Abacas should not be considered as a recommendation by Abacas or any other professional advisors to purchase any participatory interests. Each investor contemplating purchasing any participatory interests is to make its own independent investigation of the financial condition and affairs and its own appraisal of Abacas. Any pricing levels and/or valuations on this site are indicative and for information purposes only.
  • Information concerning past performance is not indicative of future results.
  • All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and Abacas disclaims any liability to you in this regard.
  • Abacas makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard.
  • Abacas does not warrant that the site will be error-free.

THIRD PARTY INFORMATION

  • Abacas may use the services of other third party organisations to provide information on this site. Abacas has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. Abacas will not be directly or indirectly liable for any damages that may arise from your reliance on it.

LINKED THIRD PARTY SITES

  • The site may contain certain images and links to other third party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under the control of Abacas and Abacas is not responsible for the content of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site.
  • Abacas is not responsible for webcasting or any other form of transmission from linked sites nor is Abacas responsible if the linked site is not working appropriately.
  • Abacas is providing these links to the user only as a convenience, and the inclusion of any links does not imply endorsement by Abacas of the site, their business or security practices or any association with its operators.

HYPERLINKS

  • If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site, Abacas’ prior written consent is required.
  • Abacas’ consent may be withheld or granted, subject to conditions specified by Abacas.
  • Breach of these conditions entitles Abacas to take legal action without prior notice against any third party and such third party agrees to reimburse the costs associated with such legal action to Abacas on an attorney and own client scale.

INTELLECTUAL PROPERTY RIGHTS

  • This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to Abacas.
  • Nothing on this site should be construed as granting any licence or right to use any trademark without Abacas’ prior written permission and/or that of third parties, as the case may be. The user may not, without Abacas’ prior written consent, use Abacas’ intellectual property or that of third parties for any purposes whatsoever. 
  • The entire content of this site is subject to copyright with all rights reserved and the information held is for your own personal use only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material. The information and software on this site may not be taken out of context or presented in an unfair, misleading or discriminating manner.  You agree not to remove any copyright notice or other notice signifying Abacas or any third party’s intellectual property rights.  Except as expressly provided herein, nothing contained on this site shall be deemed or construed to confer any license or right, expressly, by implication, estoppel or otherwise, under any of Abacas intellectual property rights.

SENDING OF INFORMATION

  • Information transmitted through an unsecured link over the internet, including e-mail, is subject to potential unlawful access or monitoring.
  • You accept that Abacas cannot be liable for any loss, or damage suffered by you as a result of the unlawful activities by unscrupulous persons, as Abacas cannot prevent such behaviour. Abacas may request independent verification of any information transmitted by you through the site or e-mail from time to time, to limit these risks.

DISCLAIMER AND LIMITATION OF LIABILITY

  • Use of this site is entirely at your own risk. You assume full responsibility for the risk or loss resulting from the use of this site and your reliance on information contained on it. 
  • In no event will Abacas be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to your use of this site or the information contained on this site or your inability to use this site whether such damages arose out of contract, or delict or otherwise and regardless of whether Abacas was expressly advised of the possibility of such loss or damage. 
  • Without derogating from the generality of the above, and to the extent legally permitted, Abacas will not be liable for: 
    * any interruption, malfunction, downtime off-line situation or other failure of the site or  Abacas’ system, databases or any of its components, beyond Abacas’ reasonable control; 
    * any loss or damage with regard to your data or other data directly on indirectly caused by malfunction of Abacas’ system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Abacas’ system or third party systems or programming defects;
    * any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including without limitation, third party systems such as the public switched telecommunications service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any event over which Abacas has no direct control. 

CAPACITY TO ENTER INTO AGREEMENTS

  • You hereby warrant to Abacas that you have the required legal capacity to enter into and be bound by these terms and conditions.
  • If you are a minor you must be assisted by your legal guardians when reading these terms and conditions.

YOUR LIABILITY TO ABACAS

  • You shall be liable to Abacas for any liabilities, losses or expenses incurred by Abacas as a result of any breach by you of these terms and conditions.

TERMINATION, SUSPENSION AND LIMITATION
Abacas may:

  • set limits or conditions on the right to certain services, features or functions of this site; 
  • restrict access to parts of or all of the services on the site; and 
  • modify, suspend or discontinue this site, whether temporarily or permanently, without notice.

APPLICABLE LAW AND JURISDICTION

  • These terms and conditions of use will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions and you agree that the South African Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this site and these terms and conditions of use.

GENERAL PROVISIONS

  • If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law. 
  • The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions
  • No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take subsequent action against you.