Read these terms and conditions carefully. You may review a copy of this agreement at any time on the Orbis website located at: www.orbisfunds.com. The Services will be provided to you only on the following terms and conditions.
ACCESSING OR REQUESTING ACCOUNT INFORMATION OR UTILIZING TRANSACTION FORMS ACCESSED THROUGH THE SERVICE CONSTITUTES AND SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
The Orbis Funds and their agents and relevant licensors (collectively "Orbis") will provide you, the User, and your designated usernames who agree to abide by the terms of the terms and conditions, as amended from time to time, ("Authorised Users") with access to the Service. The Terms and Conditions in effect from time to time and the request form to which they are attached constitute the agreement (the "Agreement") between Orbis, you and your Authorised Users relating to access to the Service. Orbis reserves the right to suspend, terminate or modify the Service at any time without notice.
You and your Authorised Users are solely responsible for protecting user identifications and passwords from disclosure to third parties and are not permitted to avoid the use of required encryption technologies and you will be liable for all losses that occur if your user identifications or passwords are used to access services whether or not you authorized such use. You agree to comply, and to cause your Authorised Users to comply, with remote access operating standards and procedures and with user identification or other password control requirements and other security procedures as may be issued from time to time by Orbis for access to the Service. You agree to advise Orbis immediately in the event that you learn or have reason to believe that any person to whom you have given access to the Service has violated or intends to violate the terms and conditions of the Agreement and you will cooperate with Orbis in seeking injunctive or other equitable relief. You agree to discontinue use of the Service, if requested, for any security reasons cited by Orbis.
You accept full responsibility for the monitoring of your account. You and your Authorised Users are solely responsible for maintaining the confidentiality and use of your personal identification numbers, account numbers and any other personal or security information required to access Service. You are also responsible for all statements made and acts or omissions that occur through any communications initiated through the use of your personal information. Any individual that possesses the information required to pass through all security measures will be presumed to be you or your Authorised Designee.
The posting of account information using the Service will involve the transmission and storage of personal or security data including account numbers and personal identification numbers. For more information please see the Online Services Privacy Policy. Your attention is drawn to the fact that the transmission and storage of information is susceptible to unauthorised monitoring, access and interception. Orbis disclaims any liability for the interception or monitoring of, or access to, such data and information by any person. You agree to notify Orbis immediately if you have reason to believe that others may have gained access to your personal identification number or other personal data.
You agree that all information that you provide to us (including your address, telephone number and e-mail address) is complete and true and the telephone number and e-mail address at which you may be reached to discuss any order request submitted to us using the service is valid and current. You also agree to advise us of any changes in your personal information, including your contact telephone number as soon as the change occurs.
The Orbis Funds’ transfer agents, Citigroup Fund Services (Bermuda) Ltd. and Citibank International plc (Luxembourg Branch), are the initial source of most information provided by the Service. This information is input into an Orbis database and accessed from that database for use by the Service. Some of the pricing for Orbis Japan Opportunity is an estimate. Other information is developed by Orbis, in particular Fund asset exposures on the Allocation page. Due to the source of and subsequent input process applied to the information provided by the Service and the inherent hazards of electronic distribution, there may be periods when the Service is inaccessible, or when delays, omissions or inaccuracies occur in the information provided by the Service. The Service includes illustrative information such as, but not limited to, the sample data found in the sample user section. All such information is illustrative only and should not be regarded as investment advice.
Because of the nature of computer information technology and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the Service is provided "AS IS" and you and your Authorised Users shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Service. Orbis will not be liable to you or your Authorised Users for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the Service, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED, nor shall Orbis be responsible OR LIABLE for ANY delays, OMISSIONS, INACCURACIES or nonperformance under the Agreement.
ORBIS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICE OR ANY INFORMATION, PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE SERVICE.
ORBIS RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME. ORBIS will notify users of any change in the terms and conditions by online postings. The changes will also appear in this document, which you can access at any time selecting the "Portfolio Services Terms and Conditions" hyperlink displayed on this site. If you use the services after the changed terms have been posted, you accept the changed terms.
The Service and the databases, computer programs, screen formats, report formats, interactive design techniques, formulae, processes, systems, software, know-how, algorithms, programs, training aids, printed materials, methods, books, records, files, documentation and other information made available to you by Orbis as part of the Service and all copyrights, patents, trade secrets and other proprietary rights of Orbis related thereto are the exclusive, valuable and confidential property of Orbis and their relevant licensors (the "Proprietary Information"). You agree on behalf of yourself and your Authorised Users to keep the Proprietary Information confidential and to limit access to your Authorised Users (under a similar duty of confidentiality) who require access to the Service for the purposes intended. The foregoing shall not apply to Proprietary Information in the public domain or required by law to be made public.
You agree to use the Service only in connection with the proper purposes of the Agreement. You will not, and will cause your Authorised Users not to, (i) permit any third party to use the Service, (ii) sell, rent, license or otherwise use the Service in the operation of a service bureau or for any purpose other than as expressly authorised under the Agreement, (iii) use the Service for any other fund, trust or other investment vehicle without the prior written consent of Orbis, or (iv) allow or cause any information transmitted from Orbis’ databases, including data from third party sources, available through use of the Service, to be published, redistributed or retransmitted for other than use for or on behalf of yourself, as a member of Orbis.
You agree that neither you nor your Authorised Users will modify the Service in any way, enhance or otherwise create derivative works based upon the Service, nor will you or your Authorised Users reverse engineer, decompile or otherwise attempt to secure the source code for all or any part of the Service.
You acknowledge that the disclosure of any Proprietary Information, or of any information which at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Orbis inadequately compensable in damages at law and that Orbis shall be entitled to obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing undertakings, in addition to any other legal remedies which may be available.
Any costs incurred in connection with the use of the Service by you or your Authorised Users, including telephone line costs, and Internet service provider costs are solely your and your Authorised Users’ responsibility.
You and your Authorised Users may not assign any of your rights or obligations under this Agreement without the prior written consent of Orbis, which consent may be unreasonably withheld. Any purported assignment without such consent shall be null and void. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement, shall be governed by the laws of Bermuda, as if the Agreement was a contract wholly entered into and wholly performed within Bermuda. This Agreement is in addition to, and not in substitution of, any other present or future agreement between you and Orbis. If there is a conflict between this Agreement and any other agreement, this agreement shall govern. In all other respects the terms of any other agreement shall also apply to this Agreement.