Institutional Investor Consent Document

For Institutional Clients

In order to enter the page please read the information below and affirm by clicking the  accept  button that you have read and understood the information provided.

 

THE MATERIAL ON THIS SITE AFTER YOU CLICK OKAY IS INTENDED FOR INSTITUTIONAL USE ONLY - NOT FOR INDIVIDUAL INVESTORS

You must read the following information before proceeding. The following important information, in conjunction with all other agreements you will see onwards, governs your use of this website. Your use of this website and Content (defined below) constitutes your acceptance of those terms of use. If you do not agree with the terms of use, you should immediately cease use of this website and review of Content. 

When used herein, “we” and “our” means Pezesha Africa and “you” and “your” refers to any financial or non financial institution that accesses or otherwise uses this website. All of the information and content on this website, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress (“Content”) is owned or licensed by Pezesha Africa. 

Pezesha Africa may offer advisory services in jurisdictions where it has received  appropriate permission  to offer such services. This website is not directed to any person in any jurisdiction where the publication or availability of the website is prohibited. Persons in respect of whom such prohibitions apply must not access the website.

 

The information contained in this website is intended for use   by local and foreign  Institutional Investors  only .  It is not intended for use by individual investors.  

“Institutional Investor”  would include pension funds, investment companies, Financial Intermediaries, Consultants, Microfinance Institutions, Endowments & Foundations, Non-financial institutions and investment advisors. After you have read the information herein, you will be instructed to click to: 

 

1) acknowledge that you are an “institutional investor” 

2) that you accept the information herein, as well as  the Terms of Use , the Privacy/Security and Cookie policies set out below and,  

3) accept the delivery of this website in English.

 

Certain content has been obtained from sources that Pezesha Africa believes to be reliable as of the date presented; however, Pezesha Africa cannot guarantee the accuracy of such content, assure its completeness, or warrant that such information will not be changed. The content contained herein is current as of the date of issuance (or such earlier date as referenced herein) and is subject to change without notice. Pezesha Africa has no obligation to update any or all such Content; nor do we make any express or implied warranties or representations as to its completeness or accuracy. Any Content presented regarding the affiliates of Pezesha Africa is presented purely to facilitate an organizational overview and is not a solicitation on behalf of any affiliate. The content is not intended as an offer or solicitation with respect to the purchase or sale of any security or other financial instrument or any investment management services. 

The content does not constitute investment advice and should not be used as the basis for any investment decision.

 

The content does not take into account individual Institutional Investor circumstances, objectives or needs. No determination has been made regarding the suitability of any securities, financial instruments or strategies for any Institutional Investor. The content is provided on the basis and subject to the explanations, caveats and warnings set out in this notice and elsewhere herein. The Content does not purport to provide any legal, tax or accounting advice. Any discussion of risk management is intended to describe Pezesha Africa’s efforts to monitor and manage risk but does not imply low risk.

 

RISKS ASSOCIATED WITH INVESTING . The value of private loan offerings may rise or fall because of changes in the broad market or changes in a company’s financial condition, sometimes rapidly or unpredictably. These value movements may result from factors affecting individual companies, sectors or industries selected for the portfolio or the capital market as a whole, such as changes in economic or political conditions. Investing in emerging markets carries additional risk relative to investments in developed markets. Private loan investments are subject to the risk that a counterparty will fail to make payments when due or default completely. If a debtor's financial condition worsens, the credit quality of the debtor may deteriorate making it difficult for an investor to recoup such repayments. For international investors, devaluation of a currency by a country’s government or banking authority also will have a significant impact on the value of any private loan investments denominated in that currency. We classify our general asset class as High yield private loan offerings and they are considered to be speculative and are subject to greater risk of loss, greater sensitivity to economic changes and potential illiquidity. Private Loans are subject to additional risks including subordination to other creditors, no collateral or limited rights in collateral, lack of a regular trading market, liquidity risks, prepayment risks, and lack of publicly available information.  

 

Conflict of interest:  Pezesha Africa and its affiliates may make investment decisions that are inconsistent with the recommendations or views expressed herein, including for proprietary accounts of Pezesha Africa or its affiliates. Pezesha Africa and its affiliates may have investment advisory or other business relationships with the issuers of securities referenced herein. Pezesha Africa affiliates may develop and publish research that is independent of, and different than, the recommendations contained herein. Pezesha Africa personnel other than those involved in the creation of the website or Content, such as sales and marketing, may provide oral or written market commentary or ideas to Pezesha Africa’s clients or prospects on investment ideas that differ from the views expressed herein. 

 

Attestation:  You further expressly acknowledge that you have checked and confirm that you; 

(i) are legally entitled to view this website; 

(ii) are a legal entity and not an individual; and 

(iii) understand that the information on the website is not a promotion and that you will not treat it as such. 

In no event shall Pezesha Africa be liable for any direct, incidental, special, consequential, indirect, lost profits, loss of business or data, or punitive damages arising out of your use of this website. 

 

Confirmation:  You must read the information included under legal “Terms of Use” and “Privacy/Security and Cookie” policies before accessing the website. The links below provide information on some of the laws and regulations applicable to this website. After you have read the information, you must 1) confirm that you are an institutional investor 2) that you accept the information herein, as well as the Terms of Use, the Privacy/Security and Cookie policies that you have read the information and accept the terms of use and the Privacy/Security and Cookie policies and;  3 ) accept the delivery of this website in English. Otherwise click Decline to leave the website.

 

Thank you.

 

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ON THIS WEBSITE. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE AND YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AS WELL. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

 

Unauthorized use of Pezesha Africa mobile app and websites and systems including but not limited to unauthorized entry into Pezesha Africa's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

 

You acknowledge that Pezesha Africa may disclose and transfer any information that you provide through this website to 

(i) any company within Pezesha Africa or information providers; 

(ii) to any other person or entity with your consent; or 

(iii) if we have a right or duty to disclose or are permitted or compelled to disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website you agree to such transfers. Any information about you that we provide through this website to third parties will comply with applicable law within our operating geographic regions.

 

Use of this website may be monitored, tracked and recorded. Anyone using this website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session

 

Authorized Users and, Authorized

The information on this website is intended to be accessed exclusively by Institutional Investors. It is the responsibility of any persons who access the information contained herein to observe all applicable laws and regulations of their relevant jurisdiction. By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information.

  

Authorized Use - No investment recommendations or professional advice

The information contained in this website does not constitute investment advice. An investment in any portfolio mentioned in this website may not be suitable for all investors and if you are unclear about any of the information on this website, please consult a Pezesha Africa representative.

 

Content and Downloading Disclaimers

We believe that the information contained on the website is accurate as at the date of publication, however no warranty is made as to the accuracy, suitability, usefulness, reliability or completeness of any such information and no liability in respect of any errors or omissions (including any third party liability) is accepted by us or any of our directors or employees. The use of this website and the delivery ("Delivery") of information or documents by us or our agents through this website or via electronic mail or other modes of delivery, is at your own risk. No warranty is given that the content of this website and the Delivery (including any such information) will be error free or that this website or any servers that operate it or the Delivery are free of computer viruses or other harmful components.

 

Reasonable precautions have been taken to ensure that website content, including account information and pricing data, are complete and accurate. However, due to the nature of information delivery technology and the necessity of using multiple data sources, including third party content, we are unable to assure the accuracy of the data you access through this website. Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. We have no duty to update this website or any website content. We shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy (or otherwise) of the data presented through this website. We (including our directors and employees) may or may not have a position in or with respect to the securities mentioned herein.

Third Party Content Providers, Sites, Referrals, Hyperlink Policy and Disclaimers

For informational or educational purposes, or as a service and convenience to you, this website may provide referral information, third party content or live links to an unaffiliated third party and their websites, including companies that have a relationship with us.

 

Our decision to provide referral information to a third party or to pass on an offer made by a third party vendor or to provide a link from our website to a third party website is not an endorsement of the third party, their products or services, or their website accessed through any such links. We are not responsible for the opinions, ideas, products, information, or services offered at such sites. We make no representations or warranties, express or implied, as to third party products, services, content, tools, information and website, and do not guarantee their accuracy, timeliness, completeness, reliability, suitability or usefulness for any particular purpose as we have no control over the content on such non proprietary websites. We advise and encourage you to do your own research and make your own assessment. We do not warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Your access, use and reliance upon such content, products or services is at your own risk.

  

Web content and materials

The information on this Website is for information purposes only. It is believed to be reliable, but Pezesha Africa does not warrant its completeness, timeliness or accuracy. 

 

The information and materials contained in this Website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as associated fees, interest rates may differ among geographic locations. Not all products and services are offered at all locations.

  

You agree that 

(i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you have with Pezesha Africa and 

(ii) in circumstances where locations of the Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

 

Pezesha Africa may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Pezesha Africa does not undertake any obligation or responsibility to update or amend any such information. Pezesha Africa reserves the right to terminate any or all Website information, offerings or transmissions without prior notice to the user. Furthermore, by offering this Website and information, products, or services via the Website, no distribution or solicitation is made by Pezesha Africa to any Website or such information, products, or services in jurisdictions where the provision of the Website and such information, products, services is prohibited by law.

 

Suitability and Appropriateness

Individual private loans or portfolios mentioned in the Website may not be suitable or appropriate for all investors or in all geographical areas. Your particular needs, investment objectives and financial situation were not taken into account in the preparation of this Website and the materials contained herein. You must make your own independent decisions regarding any securities or financial instruments mentioned herein. The fact that Pezesha Africa has made available to you through the Website, investment opinions and other information constitutes neither a recommendation that you enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for you. You should consider whether an investment strategy or the purchase or sale of any product is appropriate for you in the light of your particular investment needs, objectives and financial circumstances.

 

Potential disruption of service

  • Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;

  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

  • overload of system capacities;

  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

  • interruption (whether partial or total) of power supplies or other utility of service;

  • strike or other stoppage (whether partial or total) of labor;

  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or

  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Pezesha Africa.

If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with Pezesha Africa, and such communications are disrupted or delayed, you may suffer losses.

 

Limitation of Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". 

WE:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;

  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;

  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND

  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

 

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

  

Governing law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Pezesha Africa.

 

The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the various jurisdictions listed above.