Legal Terms & Conditions

Email Legal Information

Your use of our email services, including the receipt via email of fact sheets, minimum disclosure documents, periodic reports and/or price and performance information, is subject to your acceptance of and compliance with our terms of use. By using our website or email services, you agree and accept all of our terms of use.

The Financial Advisory and Intermediary Services Act, 2002

Mergence Investment Managers ( Pty) Limited (‘Mergence’) is an authorised financial services provider in terms of the Financial Advisory and Intermediary Services Act, 2002 and is a member of the Association for Savings and Investment South Africa (‘ASISA’). Mergence is not authorised to and does not provide financial advice. All information contained in this email communication, including attachments, should not be construed, or relied upon, as advice. If you require financial and/or investment advice, please engage the services of an independent financial adviser.

Confidentiality warning

The contents of this email and any accompanying documents are confidential and may be subject to legal privilege and client confidentiality. Any use of these, in whatever form, by anyone other than the addressee is strictly prohibited. If you are not the intended recipient of this email or facsimile, kindly notify the sender by return email, fax or phone call and please delete it from your system and/or device. You may not copy this email or disclose its contents to any other person, without Mergence’s express written consent.

Ownership and copyright

The contents of this email and any accompanying documents relating to Mergence and its subsidiaries and associated companies are owned by Mergence and are protected by copyright and other intellectual property laws. All rights not expressly granted are reserved. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation, or exploitation of this material will constitute an infringement of such protection. Without detracting from the above, Mergence hereby authorises you to view, download, print and distribute the content of this email and any accompanying documents, provided the content is used only for your information, non-commercial and private purposes.

The copyright in all material vesting in Mergence provided through email services shall continue to vest in Mergence. You are expressly prohibited from incorporating any proprietary material of Mergence and/or its licensors taken from this email in any other work, publication, email or website either of your own or belonging to any third party. The trademarks, logos and service marks (‘marks’) displayed in this email or accompanying documents are registered and/or in the process of being registered. Nothing contained in this email should be construed as granting any licence or right to use any of the marks without the prior written permission of the owner and no right, title or interest in any proprietary material contained in this email is granted to you.

Electronic communications

By communicating with Mergence through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfy any legal requirement, including but not limited to the requirement that such communication should be in writing. Unless otherwise agreed, an email is only considered to be received by Mergence once Mergence has confirmed receipt; and an email is only considered to be sent by Mergence once reflected as ‘sent’ on the Mergence email server.

Important information

Mergence has taken and will continue to take care that all information provided in this email is true and correct, in so far as this is under Mergence’s control. However, Mergence does not warrant that this email, the content provided or information contained therein will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality and disclaims any liability for, any loss, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this email. Furthermore Mergence shall not be liable if any variation is made to any document or correspondence emailed unless the variation has been approved by the sender. Mergence cannot and will not be held liable for any harm or loss resulting from viruses in this email or accompanying documents, including data corruption resulting therefrom. Mergence disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of this email, its effect on electronic devices or its transmission in an unencrypted medium.

Although Mergence has taken reasonable measures to ensure the integrity of this email, including the content provided and the information included, there is no warranty of any kind, expressed or implied made by Mergence, regarding the information or any aspect of any service provided. Any warranty implied by law is hereby excluded except to the extent that such exclusion would be unlawful.

Mergence reserves the right to suspend, terminate or modify the email services or these terms of use at any time without notice. Any changes will appear in this document, which you can access at any time. If you use the email services after the changed terms of use have been posted, the changed terms of use will be considered as accepted by you.

Personal use by employees

Mergence is not able to distinguish between business and personal emails. Users who make use of Mergence’s email system do so at their own risk and accept responsibility for any actions or consequences that arise from such personal use. Any views or opinions expressed in such emails are those of the individual sender and do not necessarily create obligations on or represent any commitment or view by, or opinion of Mergence. If you are unsure of the content or information contained in an email, it is advised that you seek written confirmation from Mergence before relying on the content and/or information. If an email contains offensive, derogatory or defamatory statements or materials, it means the email has been sent outside the sender’s scope of employment with Mergence and therefore only the sender can be held liable in his/her personal capacity.

Interception and monitoring

Users who make use of Mergence’s email system do so at their own risk and accept responsibility for any actions and consequences that arise from such use. In general terms, Mergence does not engage in blanket monitoring of communications. Mergence does however reserve the right at any time and without notice to intercept and monitor communications and stored files sent or received over or stored on Mergence’s information and communications systems, provided that such monitoring and interception is: performed by an Mergence representative properly authorised by Mergence; and for a lawful purpose.

Offer

Nothing contained in this email constitutes a solicitation, recommendation, endorsement or offer by Mergence, including in regard to buying, selling or holding any securities or investments, but shall merely be considered as an invitation to do business.

Governing law

This email and any accompanying documents will be interpreted and implemented according to the laws of the Republic of South Africa.

Company details

Registered name:
Mergence Investment Managers Proprietary Limited
(Registration no: 2004/021426/07)

Address:
2nd Floor, Block B, Cape Town Cruise Terminal
Duncan Road, V&A Waterfront
Cape Town, 8001

Directors:
MI Magerman, FR de Beer, B Jack, M Allie*
*(Non-executive)

Company secretary:
Tikvah Secretarial Services Proprietary Limited

For further information please contact the Chief Operating Officer at john@ls.mergence.co.za