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Legal  

Please read the following terms and conditions carefully

Acceptance of Conditions of Access
The following are the terms and conditions on which you may use the Absa Capital website (the "Site") and they become effective when you access the Site for the first time and constitute a binding agreement between you and Absa Capital, a division of Absa Bank Limited, 1986/004794/06 or its co-subsidiaries or affiliates, as the case may (“Absa Capital”). The current version of these terms and conditions govern our respective rights and obligations each time the Site is accessed by you.
Amendments to these terms and conditions. Please also refer to the seperate terms and conditions for NewFunds (Proprietary) Limited listed after general provisions below.

We may amend these terms and conditions 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.

Use of Site
We may in our sole discretion terminate your access to or use of this Site for any reason, including without limitation where we believe that you have not acted in accordance with the terms and conditions of this Site.

Disclosure of interests
Absa Capital or its employees may, from time to time, maintain a long or short position in securities referred to on the Site or other securities of issuers referred to on the Site or in related futures or options; purchase or sell, make a market in, or engage in any other transactions involving such securities or issuers, earn brokerage or other compensation in respect of the foregoing; and provide investment banking, credit or other services to any issuer named on the Site. Absa Capital may have acted as manager or co-manager of a public offering of securities discussed on the Site in the past three years.

Information on this Site
All information on the Site is only intended to provide you with general information relating to us, securities and/or financial or investment products or services (“the products”). The information provided on this Site does not constitute an offer but must be treated as an invitation to do business.
We may provide information from time to time on projected revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items; the plans, objectives and/or projections of the bank for future operations, including those relating to the services of the bank; or future economic performance. Such projections are only estimates. Actual events or results may differ.

You acknowledge that all calculations done through the use of software or calculators supplied on this Site, including the rates, are guidelines only and subject to final confirmation at the time of finalizing the transaction. Any pricing is indicative and does not, and is not intended to, constitute either an offer to buy or sell or a representation that a purchase or sale can be effected at that price. Past performance is not indicative of future results. All information regarding the product and services including information in respect of the terms and conditions, interest rates, pricing or any other matters are subject to change without notice.

Information feeds
We may use the services of other organisations to provide information on the Site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
All quotes, news, market information or data shown on the site by way of live information feeds are delayed by at least 15 minutes unless otherwise stated. You should always select the "refresh" or similar page update function on your Internet browser to ensure that the information you are viewing is the most current.

Third Party Information and Sites
We may use the services of other third party organizations to provide information on this Site. We have no control over the third party information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. We will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Where we provide hypertext links to third party internet web-sites, such links are not an endorsement by us of any products or services in such web-sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web-sites. We have not verified the truth or accuracy of any content of such web-sites.
No third party is permitted to link any other web-site to this Site without obtaining our prior written consent.

Services online
Our online services and products (“Services”) are subject to registration and approval, which we may, in or sole discretion, accept or reject.
The Services are subject to separate terms and conditions that are available on the relevant sections of this Site where the online services and products are provided.
In the event of conflict between these terms and conditions and those of the Services, the provisions of the Services terms will apply.

No warranty
We do not represent that represent, recommend or propose that the products referred to on this Site are appropriate and/or suitable for your particular investment objectives or financial situation or needs. All the risks and issues related to the products are not disclosed and therefore, prior to investing or transacting, you should fully understand the products and any risks and issues related to or associated with them. The products may involve a high degree of risk including, but not limited to, the risk of (a) low or no investment returns, (b) capital loss, (c) counterparty or issuer default, (d) adverse or unanticipated financial market fluctuations, (e) inflation and (f) currency exchange. The value of any product may fluctuate daily as a result of these risks. We do not predict actual results, performances and/or financial returns and no assurances, warranties or guarantees are given in this regard.

Although we have taken all reasonable care to ensure that the information provided on this Site is accurate, we give no warranties of any kind.
ALL CONTENT AND THE WEB SITE ITSELF ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ABSA CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR FREEDOM FROM COMPUTER VIRUS.
Opinions and any other content on the Site are provided by us for personal use and informational purposes only and are subject to change without notice.
Nothing contained on the Site constitutes (i) “advice” as defined and/or contemplated in Financial Advisory and Intermediary Services Act, 37 of 2002, (“FAIS Act”) or (ii) any other financial, investment, trading, tax, legal, accounting, retirement, actuarial or other professional advice or service whatsoever (“advice”).and is not to be relied on in making an investment or other decision. You have to obtain your own independent advice prior to making any decision or taking any action whatsoever before making any investment decision.

We give no recommendation, guide, warranty, representation, undertaking or guarantee concerning the accuracy, adequacy and/or completeness of the information or any view or opinion expressed herein. Any information on past financial returns, modelling or back-testing is no indication of future returns. All opinions, views and estimates are given as of the date thereof and may change without notice. We expressly disclaim any liability for any damage or loss as a result of errors or omissions.

No offer
Nothing on this Site should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any product or to engage in any other transaction, or to provide any investment advice or service.

Disclaimer and no liability
We disclaim any liability for any direct, indirect or consequential damage or losses that you may suffer from using or relying on the information on this Site even if notified of the possibility of such damage or loss and irrespective of whether or not you have obtained independent advice.
Neither do we accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Site.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

Governing law
These terms and conditions 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.

Email communications

Please do not send confidential information over the Internet. Information is sent at your own personal risk. Internet communications may not be secure. We recommend that you do not send confidential information to us over the Internet unless it is sent by some secure method of transmission using appropriate encryption technology. Absa does not accept legal responsibility for any confidential information sent to us without using such security protection.

Monitoring of Communications
You expressly give your consent for us to monitor your internet and/or e-mail traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and:

  • to maintain the integrity and security of our website and information technology systems;
  • to investigate and detect any unauthorised use of our website and information technology systems; and
  • as an inherent part of and to secure the effective operation of our website and information technology systems.
Intellectual Property
We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties.

Copyright
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 Absa Capital 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 Absa Bank’s intellectual property rights. Copyright Absa Bank Limited, 2010 (all rights reserved).

General Provisions
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. Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used. 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. If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.

TERMS AND CONDITIONS OF NEWFUNDS (PROPRIETARY) LIMITED

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 the user reads and understands the terms of use applicable to this site relating to any information of the ETF portfolios falling under the NewFunds Collective Investment Scheme, please refer to the NewFunds page (NewFunds) for a list of ETF portfolios that fall under this scheme.

Acceptance
These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between NewFunds (Proprietary)Limited or its co-subsidiaries or affiliates (“NewFunds”), as the case may be, and the user.

Information on this site
The online products and online services available on this site (“the online services”) are only available to persons that reside in, or are nationals of, or are incorporated under the laws, of the Republic of South Africa. The offering circulars contain information as to the selling restrictions applicable to any particular product and the user should read them carefully.
The site, all information and online services provided on this site are provided “as is”. The information supplied in connection with the NewFunds Collective Investment Scheme does not constitute the rendering of financial investment by NewFunds (Proprietary) Limited or any other professional advisors and is not intended to provide the basis of any credit, financial or other evaluation. Accordingly, the information contained herein merely contains a description of certain facts as at the date hereof and should not be considered as a recommendation by NewFunds (Proprietary) Limited or any other professional advisors that any recipient of this document and any other information supplied in connection with the NewFunds Collective Investment Scheme or the NewSA Portfolio thereunder should purchase any participatory interests. Each investor contemplating purchasing any participatory interests should make its own independent investigation of the financial condition and affairs and its own appraisal of the NewFunds Collective Investment Scheme. A member of the Association of Collective Investments.

Any pricing levels and/or valuations on this site are indicative and for information purposes only.
All information regarding the online services described hereon is subject to change without notice.
Information concerning past performance is not indicative of future results.

Third party information

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

All quotes, news, market information or data shown on this site by way of live information feeds are delayed by at least 30 minutes unless otherwise stated. The user should always select the “refresh” or similar page update function on the internet browser to ensure that the information viewed is the most current.

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 NewFunds and NewFunds 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.

NewFunds is not responsible for webcasting or any other form of transmission from linked sites nor is NewFunds responsible if the linked site is not working appropriately.

NewFunds is providing these links to the user only as a convenience, and the inclusion of any links does not imply endorsement by NewFunds of the site, their business or security practices or any association with its operators.

Hyperlinks

If any third party want to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site, NewFunds’ prior written consent is required.

NewFunds’ consent may be withheld or granted, subject to conditions specified by NewFunds.

Breach of these conditions entitles NewFunds to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to us 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 NewFunds.

Nothing on this site should be construed as granting any licence or right to use any trademark without NewFunds’ prior written permission and/or that of third parties, as the case may be. The user may not, without NewFunds’ prior written consent, use NewFunds’ intellectual property or that of third parties for any purposes whatsoever.

Sending of information

Information transmitted through an unsecured link over the internet, including e-mail, is subject to potential unlawful access or monitoring.

The user accepts that NewFunds cannot be liable for any loss, or damage suffered by the user as a result of the unlawful activities by unscrupulous persons, as NewFunds cannot prevent such behaviour. NewFunds may request independent verification of any information transmitted by the user through the site or e-mail from time to time, to limit these risks.

Warranties and representations

All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and NewFunds disclaims any liability to the user in this regard.

NewFunds 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.

NewFunds does not warrant that the site or online services will be error-free.

Disclaimer and limitation of liability

Use of this site and the online services is entirely at the user’s own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and the user’s reliance on information contained on it.

In no event will NewFunds be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the user’s use of this site or the online services or the information contained on this site or the user’s inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether NewFunds 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, NewFunds will not be liable for:

any interruption, malfunction, downtime off-line situation or other failure of the site or online services, NewFunds’ system, databases or any of its components, beyond NewFunds’ reasonable control;

any loss or damage with regard to the user’s data or other data directly on indirectly caused by malfunction of NewFunds’ system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on NewFunds’ 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 NewFunds has no direct control.

Capacity to enter into agreements

The user hereby warrants to NewFunds that the user has the required legal capacity to enter into and be bound by these terms and conditions.

Minors must be assisted by their legal guardians when reading these terms and conditions.

User's liability to NewFunds

The user shall be liable to NewFunds for any liabilities, losses or expenses incurred by NewFunds as a result of any breach by the user of these terms and conditions.

Termination, Suspension and Limitation
NewFunds 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.

Certificate

A certificate signed by NewFunds will constitute sufficient proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date, and will be regarded as correct unless the user proves the contrary.

Applicable law and jurisdiction

The terms and conditions pertaining to the online services appearing on this site shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the online services offered on this site will constitute the user’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such online services.

Amendments to these conditions

NewFunds may amend these conditions from time to time without notification to the user. By accessing this site the users are bound to the version of the terms and conditions published at the time of any visit at this site. The user agrees to view the current version each time that this site is visited.

The current version of these conditions will govern the respective rights and obligations of NewFunds and the user each time the user access this site.

General Provisions

If any of these terms and conditions are 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.

Jurisdictional Disclaimer


The website is maintained by Absa Capital, a division of Absa Bank Limited and is made available to persons based in the Republic of South Africa.

The investment services, products and information (the "services") available on this website are not aimed at residents outside of the Republic of South Africa. This website is designed for use in South Africa and is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this website or such distribution or use would be contrary to local law or regulation. If you choose to access information on this website, it is your responsibility to comply with the applicable local, national or international laws and any use of this website outside of South Africa is entirely at your own risk.

Applicants may be granted access to the services once we are satisfied that such access would not be in breach of the relevant laws of the jurisdiction in which the applicant is resident, registered or domiciled.

Disclaimer

Any information supplied in connection with the NewFunds Collective Investment Scheme does not constitute the rendering of financial investment or any other advice by NewFunds (Proprietary) Limited or any other professional advisors and is not intended to provide the basis of any credit, financial, investment or other evaluation. Accordingly, the information contained within this site contains description of certain facts as at the date hereof and should not be considered as a recommendation, guidance or proposal of a financial nature by NewFunds (Proprietary) Limited or any other professional advisor or any recipient of this information or any information supplied in connection with the NewFunds Collective Investment Scheme or any Portfolio thereunder should purchase any participatory interests. Each Investor contemplating purchasing any participatory interest should make its own independent investigation of the financial condition and affairs and its own appraisal of the NewFunds Collective Investment Scheme. NewFunds (Pty) Limited is a member of the Association for Savings and Investments SA. Participatory Interests, issued by the portfolios within the NewFunds Collective Investment Scheme, will be listed on the JSE Limited and the trading of participatory interest on the Exchange will incur trading and settlement costs. The price, at which any participatory interest trades on an exchange, may differ from the price at which the manager will be willing to repurchase participatory interests. As with all exchange-traded investments, the market price of securities will fluctuate according to financial market conditions, general sentiment and other factors. Collective Investment Schemes in Securities (CISS) are generally medium to long term investments. The value of participatory interests in the scheme and/or the portfolio may go down as well as up and past investment returns or performance is not necessarily a guide to the future investment returns. CISS products are traded at ruling prices and can engage in borrowing and scrip lending.

Copyright 2013 Corporate and Investment Banking, Absa. All Rights Reserved. Corporate and Investment Banking is a division of Absa Bank Limited, Reg No. 1986/004794/06. Authorised Financial Services Provider. Registered Credit Provider Reg No NCRCP7.