1. Introduction
These Terms and Conditions (“the Terms”) set forth and regulate the relationship between you (“the user”) and Abba Payments Ltd. (“Abba”). It amounts to a legally enforceable agreement between you and Abba, regulated by the laws of the British Virgin Island, a Territory of the United Kingdom.

These Terms set out the provisions concerning the conditions under which a user may establish and operate any facility or service with Abba (“the Services”), on the Abba App website (“the Site/ Website”) or the Abba App (“the App”).

These Terms also define and explain those material conditions and restrictions which will be applicable to the user/Abba contractual relationship and what may, or may not be conducted via our Website or App.

You are obliged to read and familiarise yourself with these Terms, before establishing any relationship or requesting any other Service with Abba whatsoever.

The Terms contained herein are to be read as whole and where contradictions (perceived or otherwise) may appear, it is the user’s responsibility to address or seek clarity on these directly with.

Abba Payments Ltd is a private company duly registered and incorporated in terms of the laws of the British Virgin Island, a territory of the United Kingdom with the registration number 2015/2015.

Abba specifically reserves the right to vary, change, update or in any other describable way, to alter these Terms from time to time without any prior notice to any user in its sole and unfettered discretion. When the Terms are so updated, they shall be posted to the appropriate portion of our Site and shall become immediately operable unless specified otherwise.

Please take note that it shall be you, the user’s personal responsibility to re-visit and check the Site from time to time, to establish whether there has been any amendment to the Terms and when they have become operable.

Any Terms so updated shall govern and control the relationship between Abba and the user once they have been posted to our Site or App.

It is the responsibility of the user to retain copies of any and all transactions related to any deposits, withdrawals and trades made on Abba sites or the App.

You acknowledge and expressly undertake that the use of the Services provided by Abba is for your own personal, non-commercial use. You further expressly undertake that you are the user and that you are not acting in any third- party capacity or agency.

You acknowledge and agree that Abba retains an unfettered discretion to terminate your access to the Site on any reasonably justified ground. To the extent that restriction of such access may cause any damage or loss to you, Abba shall not be liable in respect thereof and you hereby irrevocably undertake to indemnify Abba in all such respects, without limitation as read with clauses 3.3, 7.3, 7.4 and 12 hereof.

If we determine, based on our sole discretion, that you have breached the Terms, or that of the Services, or your use of the Service is illegal under the laws of your jurisdiction, we reserve the right to suspend or terminate your account/s, or suspend or terminate your use of Abba’s Site, App or Service/s.

We hereby point out, and you irrevocably agree, that there is a risk of losing money when transmitting money trading and that you are fully responsible for any such loss occasioned. As such, we hereby record that your use of our Services is at your own sole risk and that you shall fully indemnify Abba in respect of any loss on your part arising from any use of our Site or Services.

Your application for an Abba App account is an offer to conclude an agreement with Abba subject to these Terms and our Privacy Policy, and you hereby confirm that you personally comply with the following prerequisites for an application for an Abba Account:

You are not a citizen or resident of a UN sanctioned country;

• You are at least 18 years old; and You have read, understood, and agreed to our Privacy Policy.
• In contracting with Abba and taking up our Services, you agree that you will at all times diligently comply with all relevant British Virgin Island laws, without limitation.
• Abba shall not be responsible for any illegal or unauthorized use of the Services by the user or any third- party and shall carry no liability in this regard to any party.
• Abba reserves the right to partially or completely modify the contents of the site or App or services at any time, without notice to you.
• Users are, by contracting with Abba, automatically and irrevocably deemed to have a reasonable knowledge or understanding of online money transfering.
• User/s use the Services offered by our Site or App on the basis of that knowledge.
• Abba reserves the right to temporarily shut down our Site or App or any portion thereof, if deemed necessary by us in our sole discretion (E.g. Emergency maintenance or any other reason whatsoever without limitation). Abba will not be liable for any loss occasioned to you, or any other user, or person of any nature or description, in such circumstances.
• Abba does not guarantee, nor in any way warrant, that the Site or the App, the Services and/or the content within the Services are accessible, non-interrupted, promptly provided, complete, or fit for any specific purpose.

2. Content of the Website
Abba reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Site and any information or content on the Website.

Abba may use the services of third parties to provide information on the Website or the App. Abba has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Abba shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

Abba makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website or App without limitation.

Abba does not warrant that the Website nor the App or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Abba expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

• Whilst Abba has taken reasonable measures to ensure the integrity of the Website/App and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
• Abba disclaims any responsibility for the verification of any claims. Information published on this Website or App may be done so in the format in which Abba receives it and statements from external parties are accepted as fact.

3. Linked third party websites and third-party content
Abba may provide links to third-party websites on this Website or the App. These links are provided to the user for convenience purposes only and Abba does not endorse these, nor does the inclusion of any link imply Abba’s endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

While Abba tries to provide links only to reputable websites or online partners, Abba cannot accept responsibility or liability for the information provided on other websites.

Linked websites or pages are not under, nor subject to, the control of Abba. Abba is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

You agree that Abba shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.

4. Usage Restrictions
The user hereby agrees that it/he/she shall neither directly, nor through any third-party or third- party application:

• copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
• decompile, disassemble or reverse engineer any portion of the Website or the App;
• write and/or develop any derivative of the Website or the App or in any other software program based on the Website;
• modify or enhance the Website the App. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Abba;
• without Abba’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website or App by persons other than the user;
• remove any identification, trademark, copyright or other notices from the Website; and
• notwithstanding anything contained to the contrary in these Terms, use the Website or the App for any purpose other than personal, non-commercial and information purposes.

5. Security
In order to maintain the security and reliable operation of the Services to all Abba’s users, Abba hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the Website and the App in any manner which may compromise the security of Abba’s networks or tamper with the Website or the App, in any manner whatsoever, which definition shall include without limitation, gaining or attempting to gain unauthorised access to the Website, the App, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website or the App, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Abba suffer any damage or loss, civil damages shall be claimed by Abba against the user.

Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Abba and its affiliates, agents and/or partners.

6. Intellectual property rights
For the purpose of this clause, the following words shall have the following meanings ascribed to them:

• “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Abba, now or in the future, including without limitation, Abba’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
• All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Abba and as such are protected from infringement by local and international legislation and treaties.
• By submitting reviews, comments and/or any other content (other than your personal information) to Abba for posting on the Website, you automatically grant Abba and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright thatmay exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
• All rights not expressly granted are withheld and reserved and no right, title or interest in any proprietary material or information contained in this Website or the App is granted to you. Except with Abba’s express written permission, no proprietary material from this Website or App may be copied or retransmitted.
• Irrespective of the existence of copyright, the user acknowledges that Abba is the proprietor of all material on the Website or the App (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
• Abba authorises you only to view, copy, temporarily download to a local drive or to print the content of this Website or App, or any part thereof, provided that such content is used for personal and information purposes only, and such content is used solely for non-commercial purposes.

7. Acceptance of Risk and Uncertainty
The user’s use of this Website or App and the information contained on the Website or App is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception.

The user bears all risk of transmitting information in this manner. Under no circumstances shall Abba be liable for any loss, harm, or damage suffered by the user as a result thereof. Abba reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Abba deem it necessary.

To the extent permissible by law:

• Neither Abba, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if Abba knows or should reasonably have known or is expressly advised thereof.

You hereby unconditionally and irrevocably indemnify Abba and agree to hold Abba free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Abba or instituted against Abba as a direct or indirect result of:

• your use of the Website or the Abba
• your failure to comply with any of the terms or any other requirements which Abba may impose from time to time;
• the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
• any unavailability of, or interruption in, the service which is beyond the control of Abba.

Abba makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website and the App.

You expressly waive and renounce all your rights of whatever nature that you may have against Abba for any Loss suffered by you, as a result of information supplied by Abba being incorrect, incomplete or inaccurate.

As a user of the Abba Website or the App you acknowledge that the purchase, sale, lending, borrowing, sending, transferring, saving, custody and holding of money carries certain risk of financial loss (in-part or in-full) and you hereby acknowledge that you understand these risks and accept them.

In addition to this, you acknowledge that you have carefully considered and applied clear judgement to your financial situation and the aforementioned risks and Abba, its Directors, shareholders and employees shall not be held responsible or liable for any losses hereunder.

The regulatory status of electronic money transmitting service is the subject of significant uncertainty. It is possible that, in the future, the applicable law/s relating to electronic money transmitting service or may be changed or extended, which may affect or restrict any or all of Abba’s Services.

You are personally responsible for determining whether, and in what respects, the use of our site, our app and services is permitted. For the avoidance of doubt, you may not use the Abba systems for pursuing illegal activities. If you are uncertain, please seek independent legal advice.

You acknowledge and accept that it is your responsibility to ensure payments (NAD or USD) are made correctly into the correct address (when paying contacts) and using the correct bank details and reference (when transferring to a bank). You acknowledge that failure in this regard may result in lost funds for which you will have no recourse against Abba.

You acknowledge that, within the fullest extent provided by applicable law, you shall personally bear the risk related to using the site, the app, the service, or efficacy thereof.

8. The Account
Upon the terms and subject to the conditions set out in this agreement, Abba agrees to open an account for the user.

Abba may collect information about you and your computer including but not limited to IP address, location information, operating system and browser type. We may also use cookies and sessions to further gather information about our clients. Your session activities are tracked. Many actions performed on our site and App are logged for security reasons.

The client is responsible to pay all fees and charges, in full, as stipulated in this agreement or may be reasonably claimed under British Virgin Island laws.

You remain liable for the full settlement of each deposit made on our platform by you (including deposits made by you by way of third-party payment platforms) until such time that the deposit concerned is settled and reflects in our nominated account.

Take note that Abba does not allow deposits made by an account not in the same name as the Abba account. Should we discover such a deposit the account will be blocked.

This agreement shall terminate upon the user’s request to close their account with Abba provided there are no outstanding fees or charges due.

The user attests to being the sole, legal and equitable owner of the NAD or USD or any other currencies used to execute any transaction on our site or App and no other agreement, financing statement, claim, or other security instrument that may encumber the NAD or USD or any other currencies exists.

You agree that the holding of NAD or USD or any other currencies in Abba’s account wallet/s constitutes the use of reasonable care with respect to the custody.

9. Abba’s privacy and cookie policy
This clause 9 provides details about our Privacy Policy and Cookie Policy, which Policies form part of these Terms.

Abba takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with the Privacy Policy and Cookie Policy.

Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you.

By personal information we don’t mean general, statistical, aggregated or anonymised information. Your use of our services signifies your consent to us collecting and using your personal information as specified below.

See our privacy policy here: abbapp.com/privacy See our cookie policy here: abbapp.com/privacy.

10. No investment advice
Abba may provide the prices, volatility, relevant news or other information about financial news to you in the course of providing any of our Services including when responding to queries via our customer support desk.

However, Abba does not provide investment advice in any shape or form and any Services or communication provided by Abba should not be construed as investment advice but merely as an act of sharing information.

You irrevocably agree to not interpret any of the aforementioned as investment advice.

11. Due Diligence Compliance Procedures
FinTech is a driver of growth. Abba is committed to democratising access to financial services and believes that such access is a powerful driver of growth for both SMEs and individuals alike. Being able to evaluate additional sources of data to determine eligibility for financing lowers the knowledge and administrative barriers to applying for finance and helps SMEs access critical resources to grow their businesses.

Abba wants to stress that FinTech is a very diverse ecosystem that includes a wide variety of firms and business models, with varying levels of money laundering and terrorism financing risks.

As a premier African financial services provider, Abba is committed to compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). Abba’s policy and practice is to try to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing (TF), from using Abba’s services.

Abba would like to use this opportunity to outline a number of our best practices that allow to mitigate ML/TF risk:

• Abba is a closed-loop system (having a relationship with both the sender and receiver) that allows us to identify suspicious activity more easily than competing systems
• Abba’s Customer Due Diligence program collects certain identity details at sign-up while remaining relatively frictionless. Once certain thresholds are met, in compliance with relevant market regulation, Abba will subject users to additional KYC requirements for identity verification.
• Abba conducts a global AML/CTF and Sanctions risk assessment consistent with Financial Action Task Force guidance to identify, assess and understand the ML/TF risks Abba faces. This is consistent with a risk-based approach which impacts global policy decision-making and implementation of program elements.
• Abba screens accounts and transaction history on a nightly basis, covering the entire customer base. Abba cross-references own information against a variety of lists from regulators, governments, etc.
• Abba engages/partners with law enforcement proactively and reactively to both help stop cybercrime while also catching the bad actors that have committed crimes and are under investigation.
• From an internal standpoint, Abba will collaborate with various teams across the company (compliance, legal, risk, information security, etc.) to better identify potential bad actors and make recommendations to agencies.
• Furthermore, as an e-money issuer, Abba considers useful to provide some comments on the risks associated with e-money.
• At an industry level, e-money’s risk exposure to money laundering and terrorist financing can vary from one product to another and depends on several factors such as anonymity, type of payment system (open or closed loop), etc.
• As with the wider financial services industry, money laundering and terrorist financing (ML/TF) risks can be mitigated with an appropriate compliance/AML programme, underpinned with a robust control framework. As the European Banking Authority (EBA) has highlighted in its opinion on the application of customer due diligence measures to customers who are asylum seekers from higher-risk third countries or territories “in most cases, money laundering and terrorist financing (ML/TF) risks – including those associated with weaker forms of customer identification – can be managed effectively by offering a more limited range of services or setting up stricter internal controls, which will facilitate early intervention in the event of suspicion”.
• Abba believes that e-money can generally be characterized as low-risk when it comes to AML/CFT.
• Abba therefore suggests that financial services policymakers need to embrace technology in terms of the opportunities it brings for both users and regulation, but also to increase collaboration with other relevant regulators (data supervisors, consumer authorities, information security supervisors, etc.). Regulators should consider how to best shift their approach from one that is rigid and focused on classical design standards and risks to one that is flexible and able to account for new technological developments, dynamic risks and data points.

12. Anti-Money Laundering (AML) & Fraud Policy
Abba Payments Ltd is fully committed and remains constantly vigilant to money laundering, financing of terrorism and fraud, and it will not allow its systems to be abused in furtherance of these crimes. Abba Payments Ltd has implemented an active Know Your Customer (KYC) policy and complies with the US Financial Intelligence Centre Act (Act 38 of 2001) as amended by the US Financial Intelligence Centre Amendment Act (Act 11 of 2008).

The Abba Payments Ltd AML Policy & Risk Management & Compliance Program is designed to prevent money laundering et al by implementing adequate systems and controls to mitigate the risk of the transaction platform being used to facilitate financial crime.

We are fully committed to providing a secure, stable, and user-focused services in electronic money transmitting service to our customers. Abba Payments Ltd shall cooperate with Law enforcement agencies and will take appropriate measures to prevent its site, its App, and services being used for criminal activities.

Abba may restrict the amount of funds users may deposit, hold, withdraw or transact with based on the user’s status.

We have implemented measures to monitor suspicious transactions and maintain an active record keeping policy on our customer’s identification and transactions. Policies & Procedures include but are not limited to:

• The identification and reporting of knowledge or suspicions of money laundering or any other financial crime.
• Identification of customers who transact above the minimum threshold allowed by the platform and scrutinise irregular or large transaction patterns.
• Receive disclosures of suspicious activity from the Abba staff and existing client base.
• Reporting and ensuring that suspicious activity or knowledge or suspicion of money laundering be reported to the responsible agency.
• The termination of client accounts where the client is listed on an approved sanctions list.
• Record keeping of customer’s identity and transaction information and any supporting documentation where such records will be kept for the minimum prescribed periods in line with prevailing legislation.
• Internal management controls to make sure that AML policies and procedures are monitored and implemented.
• The ongoing monitoring and management of compliance and regular assessment of its policies and procedures.
• Mitigation controls to avoid risks of money laundering by monitoring customer appearing to be acting on behalf of another person, refusal to provide satisfactory identity confirmation or unfamiliar or atypical types of customer or transactions that fall outside of a customer’s known patterns.

13. Indemnification
Neither party shall be liable to the other for any punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of service or equipment, whether arising under the law of contract, delict, or otherwise.

You indemnify and hold harmless Abba, its directors, shareholders, representatives and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising out of, or relating to, any third-party claim in violation of this agreement or the applicable law.

Abba is not to be held liable for any delay, error, interruption or failure to perform any obligation under this agreement, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to: (a) acts of God, nature, court or government; (b) failure or interruption in necessary infrastructure, including but not limited to public and private telecommunication networks, communication channels or information systems; (c) acts or omissions of acts of a party for whom we are not responsible; (d) delay, failure or interruption in, or unavailability of, third-party services; (e) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (f) Changes in the price or general price trend of any financial asset or exchange rate; (g) changes whether abrupt or gradual in the liquidity of the financial assets related to your transaction activity.

Financial assets are volatile by nature and subject to price swings, you acknowledge this and shall not hold Abba, its directors, shareholders, representatives and employees liable for any unfulfilled order or losses derived therefrom while a transaction is in progress or anytime thereafter.

Our aggregate liability for any loss or damage arising in connection with any of our products and services shall not exceed the fees you paid to us for your use of the Abba services during the 12-month period immediately preceding the event giving rise to the claim for liability.

The user is personally responsible for ensuring compliance to all applicable British Virgin Island laws while using the services and products of Abba. If the client has any doubts as to their levels of compliance with any British Virgin Island laws, they are to seek independent legal advice.

14. Confidentiality
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the Services offered by Abba. You shall notify Abba should you discover any loss or unauthorised disclosure of such information.

Any information or material sent to Abba will be deemed not to be confidential, unless otherwise agreed in writing by the user and Abba, in advance.

15. Breach or cancellation by Abba
Abba is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website, the App and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Abba’s right to claim damages, should any user:

• breach any of these Terms;
• in the sole discretion of Abba, use the Website or the App and services in an unauthorised manner; or
• infringe any statute, regulation, ordinance or law.

Breach of these Terms entitles Abba to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Abba on an attorney and own client scale.

Except as explicitly stated otherwise, any notices shall be given by email to terms(at)abbawallet.com (in the case of Abba) or to the e-mail address you have provided to Abba (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.

Alternatively, Abba may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Abba. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

16. Waiver
Abba shall not have waived any rights under this agreement unless such waiver is given in writing and signed by a duly authorised Abba officer.

No delay or omission on the part of Abba in exercising any right shall operate as a waiver of such rights.

17. Entire Agreement
The contents of these Terms constitute the entirety of the agreement between the user and Abba.

18. Severability
If any part or parts of these Terms shall be held to be unenforceable for any reason, the remainder of this agreement shall continue in full force and effect.

If any provision of these Terms is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

19. Severability
The user hereby authorises Abba, or any of its agents and representatives engaged by Abba, to:

• Investigate any references given or any other statements, information, document or data obtained from or about the user; and/or Obtain user information for the purpose of conducting due diligence and in some cases enhanced due diligence as a prerequisite for an account with Abba.

20. General clauses
As already stated hereinabove, these Terms shall be governed in all respects by the laws of British Virgin Island, a territory of the United Kingdom as such laws are applied to agreements entered into and to be performed within the continent of Africa.

This Website and the App are controlled, operated and administered by Abba from its offices within the British Virgin Island and the Republic of Namibia or in another jurisdiction.

Service Provider makes no representation that the content of the Website and the App are appropriate or available for use outside of Africa. Access to the Website and the App from territories or countries where the content of the Website and the App are illegal is prohibited. Users may not use this Website in violation of the British Virgin Island laws and regulations. If the user accesses this Website or App from locations outside of Africa, that user is responsible for compliance with all local laws.

Abba does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website and App may be interfered with as a result of a number of factors which are outside of our control.

If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

Abba’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Abba.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

These Terms set forth the entire understanding and agreement between Abba and you with respect to the subject matter hereof.