Read these terms and conditions carefully. You may review a copy of this agreement at any time on the Orbis website
(the "Website") located at: www.orbisfunds.com. The Website and E-mail Services
are provided on the following terms and conditions.
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General Terms and Conditions
- 1.1
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Your use of the Website and E-mail Services is subject to your acceptance of and compliance with these Terms
and Conditions. By using the Website and/or E-mail Services, you agree and accept all of these Terms and
Conditions.
- 1.2
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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 Website and E-mail Services. 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 Website and E-mail Services.
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Orbis reserves the right to suspend, terminate or modify the Website and E-mail Services or these terms and
conditions at any time without notice. Orbis will notify users of any change in these Terms and Conditions
by online postings. The changes will also appear in this document, which you can access at any time selecting
the "Website and E-mail Terms and Conditions" hyperlink displayed on this site. If you or your Authorised Users
use the Website and/or E-mail Services after the changed Terms and conditions have been posted, you accept the
changed Terms and Conditions.
- 1.4
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The Website and E-mail Services are made available to you for your personal use only. You must provide current,
accurate identification, contact, and other information that may be required as part of the registration process
and/or continued use of the Website and E-mail Services. You are responsible for maintaining the confidentiality
of your E-mail Services password and account, and are responsible for all activities that occur thereunder. Orbis
reserves the right to refuse service to anyone at any time without notice for any reason.
- 1.5
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You agree that you are responsible for your own communications and for any consequences thereof.
- 1.6
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You agree that you will use the Website and E-mail Services in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any laws regarding the transmission of
technical data exported from your country of residence. You shall not, shall not agree to, and shall not
authorize or encourage any third party to: (i) use the Website and E-mail Services to upload, transmit or
otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene,
contains viruses, or is otherwise objectionable as reasonably determined by Orbis; (ii) upload, transmit or
otherwise distribute content that infringes upon another party's intellectual property rights or other
proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Website
and E-mail Services; or (iv) use the Website and E-mail Services for any fraudulent or inappropriate purpose.
Violation of any of the foregoing may result in immediate termination of the Website and E-mail Services,
and may subject you to other legal consequences. Orbis reserves the right, but shall have no obligation,
to investigate your use of the Website and E-mail Services in order to determine whether a violation of
these terms has occurred or to comply with any applicable law, regulation, legal process or governmental
request.
- 1.7
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Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
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Ownership & Copyright
- 2.1
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Copyright in all information, material and logos (hereinafter referred to generally as "material") made available
through the Website or E-mail Services is protected by both national and international intellectual property laws.
Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale,
publication, broadcast or other circulation, or exploitation this material will constitute an infringement of such
protection. The copyright in all material vesting in Orbis published on the Website or provided through E-mail
Services shall continue to vest in Orbis. Without derogating from the aforegoing, Orbis hereby authorises you to
view, copy, download to a local drive, print and distribute the content of the Website or provided through E-mail
Services, or any part thereof, provided that:
- 2.1.1
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such content is used for information purposes only;
- 2.1.2
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such content is used for non-commercial purposes. You are expressly prohibited from incorporating any
material of Orbis' proprietary material from the Website or provided through E-mail Services
in any other work, publication or website either of your own or belonging to any third party; and
- 2.1.3
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any reproduction of Orbis proprietary material from the Website or provided through E-mail Services or
portion thereof must include this notice in its entirety.
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The trademarks, logos and service marks displayed on the Website or in the content provided through E-mail
Services are registered and unregistered trademarks of their owners. Nothing contained on the Website or in
the content provided through E-mail Services should be construed as granting any licence or right to use any
trademark without the written permission of the owner thereof. No right, title or interest in any proprietary
material contained in the Website or in the content provided through E-mail Services is granted to you hereunder.
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Content
- 3.1
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The Website is only intended to provide general information regarding Orbis and its products and services and it
is not intended to provide exhaustive treatment of any subject dealt with.
- 3.2
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The information in the Website or in the content provided through E-mail Services including, without limitation,
all research, opinions or other content is therefore not intended nor does it constitute financial, accounting,
tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking
any action which might affect your personal finances or business you should consult your own professional advisors.
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The Website or the content provided through E-mail Services could include technical, typographical or other
inaccuracies and you are urged to contact Orbis to confirm all information contained therein prior to placing
reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated
in new editions of the Website. Orbis expressly reserves the right, in its sole and absolute discretion, to alter
or amend any criteria or information set out in the Website or the content provided through E-mail Services
without notice.
- 3.4
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The Website or the content provided through E-mail Services may now, or hereafter from time to time contain
certain statements or information respect to:-
- 3.4.1
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the projection of revenues, income, earnings per share, capital expenditures, dividends, capital
structure, or other financial items; or
- 3.4.2
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the plans, objectives and/or projections of Orbis for future operations, including those relating to the
services of Orbis; or
- 3.4.3
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future economic performance.
Orbis wishes to caution you that such projections are only predictions and that actual events or results may
differ materially. Orbis is an active manager and any statement that relates to a specific issuer should not
be treated as a representation that Orbis is pursuing any particular trading strategy. Orbis may be buying or
selling any securities discussed.
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Transmission of Information
- 4.1
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Your attention is drawn to the fact that information transmitted via the Internet, including without limitation
e-mail, is susceptible to monitoring and interception. Orbis disclaims any liability for the interception or
monitoring of, or access to, such information by any person. You shall bear all risk of transmitting any
information in this manner including information provided to you or Authorised Users through E-mail Services
and under no circumstances will Orbis be liable for any loss, harm or damage suffered by you as a result
thereof. Orbis reserves the right to request independent verification of any information transmitted via e-mail
and you consent to such verification should Orbis deem it necessary.
- 4.2
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Orbis requests that no unsolicited confidential or proprietary information be sent to Orbis. Any such
unsolicited information or material sent to Orbis will be deemed not to be confidential, unless otherwise
agreed in writing by Orbis.
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Links to Third Party Sites
External links may be provided for your convenience, but they are beyond the control of Orbis and no representation
or endorsement is made as to their content. Use of or reliance on any external links provided is at your own risk.
Orbis takes no responsibility for third party content (including, without limitation, any viruses or other disabling
features), nor does Orbis have any obligation to monitor such third party content. Orbis reserves the right at all
times to remove or refuse to distribute any content on the Website and E-mail Services such as content which violates
the terms of these Terms and Conditions. Orbis also reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or
governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the
filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Orbis, its
users and the public. Orbis will not be responsible or liable for the exercise or non-exercise of its rights under
these Terms and Conditions.
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Disclaimer
The Website and E-mail Services and the information contained therein are provided "as is" and Orbis makes no express
or implied representations or warranties with regard thereto. Orbis disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Website and E-mail Services and the information contained
therein. Orbis also reserves the right to modify, suspend or discontinue the Website and E-mail Services with or
without notice at any time and without any liability to you. Without limiting the generality of the aforegoing:-
- (a)
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Orbis does not warrant that the Website and E-mail Services or information contained therein will be error-free
or will meet any particular criteria of accuracy, completeness or reliability of information, performance or
quality. Orbis expressly disclaims all implied warranties, including, without limitation, warranties of
merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and
accuracy; and
- (b)
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while Orbis has taken reasonable measures to ensure the integrity of the Website and E-mail Services and their
contents, no warranty, whether express or implied is given that any files, downloads or applications available
via the Website or E-mail Services are free of viruses, trojans, bombs, time-locks or any other data or code
which has the ability to corrupt or affect the operation of your system.
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Representation and Warranties
You represent and warrant that (a) all of the information provided by you to Orbis to participate in the E-mail
Services is correct and current; and (b) you have all necessary right, power and authority to agree to these terms and
conditions and to perform the acts required of you hereunder.
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Risk & Limitation of Liability
Your use of the Website and E-mail Services and the information contained therein is entirely at your own risk and
you assume full responsibility and risk of loss resulting from the use thereof. Neither Orbis, its affiliated
companies, holding company, subsidiaries or subsidiaries of its holding company, or their shareholders, agents,
consultants or employees will be liable for any damages whatsoever relating to the use of the Website E-Mail Services
or the information contained therein, including, without limitation any direct, indirect, special, incidental,
consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise.
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Indemnification
You agree to hold harmless and indemnify Orbis, and its subsidiaries, affiliates, officers, agents, and employees
from and against any third party claim arising from or in any way related to your use of the Website and E-mail
Services, including any liability or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Orbis will provide
you with written notice of such claim, suit or action.
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Miscellaneous
- 10.1
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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.
- 10.2
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If any provision in these terms and conditions is invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect.
- 10.3
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Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- 10.4
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These terms and conditions, your rights and obligations, and all actions contemplated by these terms and
conditions, shall be governed by the laws of Bermuda, as if these terms and conditions were a contract
wholly entered into and wholly performed within Bermuda.
- 10.5
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These terms and conditions are in addition to, and not in substitution of, any other present or future agreement
between you and Orbis. If there is a conflict between these terms and conditions and any other agreement, this
agreement shall govern. In all other respects the terms of any other agreement shall also apply to these terms
and conditions.
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Sources
FTSE World Index and FTSE/JSE Africa All Share Index source: FTSE International Limited; TOPIX Total Return Index
source: Nomura Research Institute Tokyo, TSE; MSCI TR: MSCI Inc.; and Average Fund
source: Standard & Poor's sector index return. "FTSE" is a trademark of the London Stock Exchange Limited and is
used by FTSE International Limited under licence. "MSCI" is a trademark of MSCI
Inc. and is used by Orbis Investment Management Limited under licence.