Dated: 01 January 2017
The Platform is owned and operated by Abaka Holdings Limited, incorporated and registered in England and Wales with company number 09943429 and whose registered office is at 3rd Floor, 86-90 Paul Street, London EC2A 4NE, United Kingdom (“Abaka”, “we”, “our” or “us”).
By accessing and/or registering to use the Platform, you agree to the terms and conditions of this agreement which will bind you. If you do not agree to the terms of this agreement, you must not access or use the Platform.
To power the Platform we may work with certain service providers (the “Service Providers”).
The terms of this agreement apply to the Platform, including any updates or supplements to the Platform, unless they come with separate terms, in which case those terms apply.
This policy (together with our End User Access Agreement and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand the types of information we collect from you, how we use that information and the circumstances under which we will share it with third parties. By visiting our website www.abaka.me and the intelligent savings platform known as ‘ABAKA’ (together, the “Platform”) you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (Act), the data controller is Abaka Holdings Limited of 3rd Floor, 86-90 Paul Street, London EC2A 4NE, United Kingdom (“Abaka”, “we”, “our” or “us”). Our ICO Registration Number is: ZA197872.
1.1 To be eligible to access and use the Platform, you must:
1.2 You represent and warrant that you are authorised by a Corporate Customer to use the Platform.
1.3 By using the Platform you warrant that you are at least 18 years old and a resident of the United Kingdom.
2. ACCESS AND USE
2.1 Your right to access and use the Platform has been granted to you by the Corporate Customer pursuant to its agreement with Abaka relating to the same.
2.2 You agree that this right is subject, at all times, to your compliance with the terms and conditions of this agreement, any and all terms and conditions imposed on you by the Corporate Customer and any cancellation or suspension of the Platform user account granted to you by the Corporate Customer.
2.4 You warrant that:
2.5 Any End User Information which you submit via or in connection with the Platform must:
2.6 By using the Platform, you authorise us and our Service Providers as your representative on your behalf and in your name to:
2.7 You agree that when we retrieve your End User Information in the way described in paragraph 2.6, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.
2.8 You agree that we and our Service Providers may rely on the permissions, licences and authorisations set out in these Terms.
2.9 You agree that we will be entitled to disclose your identity and End User Information to third parties if we are required to do so by any applicable law or court order.
2.10 We may, in our absolute discretion, remove all or any of your End User Information from our Platform.
2.11 As between us and our Service Providers, we control all of your End User Information.
3. PLATFORM RESTRICTIONS
3.1 You shall not:
3.2 You warrant to us that all the information you provide to Abaka is true and accurate to the best of your knowledge.
4. ACCEPTABLE USE RESTRICTIONS
5. INTELLECTUAL PROPERTY RIGHTS
Abaka is the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. All such rights are reserved. You acknowledge that you have no rights in or to the Platform other than the right to access and use the Platform in accordance with the terms of this agreement.
7. CHANGES TO THIS AGREEMENT
We may change this agreement at any time. Any changes we make in the future will be posted on our End User Access Agreement and, where appropriate, notified to you by e-mail or displayed on-screen when you next access the Platform.
8.1 The data, information or other content of the Platform do not constitute investment, legal or tax advice. In particular, the content on financial instruments is not to be understood as individual investment advice or investment recommendation. Financial instruments and financial services are subject to various risks. Thus, it may be necessary to consult a professional adviser on financial, tax and/or legal matters. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Before you decide to invest you should be sure that your immediate financial priorities are met
Our simplified advice is restricted to a specific need as expressed for your investment pots. When ensuring the advice is suitable, we do not consider your whole financial picture or existing financial products you may have. We do not consider all products and services that could be suitable.
While we may help you to transfer existing investments, this will be when you instruct us to do so — this is called execution only. This is because we do not advise on the suitability of investments that we do not manage.
8.2 Abaka takes all reasonable steps to ensure that any information, data, services, systems, articles, bulletins and other content (“content”) published from time to time on the Platform is accurate and complete and complies with relevant English legislation and regulations as at the date of issue.
8.3 However, we regret that no liability can be accepted for any errors or omissions. We reserve the right at any time to change the content, presentation, performance, facilities and availability of all or part of the pages of this site at our sole discretion and without prior notice. We reserve the right at any time, and without prior notice, to remove or cease to supply any product or service contained on this website. In the event of any such change or removal we shall not be liable to you in any way whatsoever for such change or removal.
8.4 Whilst we take all reasonable steps to ensure that the information on the website is accurate and up to date, neither Abaka nor its suppliers warrant that it is. You acknowledge and agree that neither Abaka nor its suppliers have any control over the accuracy or completeness of third party data and all liability in respect of the same is expressly excluded to the maximum extent permitted by law.
9. ABAKA’S LIABILITY
9.1 Nothing in this agreement shall limit or exclude our liability for:
9.2 You acknowledge that the Platform has not been developed to meet your particular requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
9.3 We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
9.4 Subject to 9.1, we shall not be liable for any loss, damages, costs, claims or expenses whatsoever arising from:
9.5 Our maximum aggregate liability under or in connection with this agreement (including your use of any Platform) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in paragraph 9.1.
9.6 To the extent permitted by law, we exclude all conditions, warranties and representations which may apply to the Platform, whether express or implied.
We may terminate this agreement immediately by written notice to you if you commit a material or persistent breach of this agreement. On termination for any reason all rights granted to you under this agreement shall cease.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.
11.2 If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.3 Each of the paragraphs of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.4 Please note that this agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.