THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE KAMCO INVESTMENT COMPANY WEBSITE OR ANY PART THEREOF (KAMCO WEBSITE).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE KAMCO WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
1. DEFINITIONS AND INTERPRETATION
- "Kamco" and “Kamco Invest” mean Kamco Investment Company, an investment company duly registered in terms of the companies’ laws of Kuwait;
- "Kamcowebsite" means the Kamco website located at www.kamcoinvest.com including any part or element thereof;
- "User" means any person who enters or uses the Kamco website, notwithstanding the fact that such a person only visited the home page of the Kamco website;
- References herein to the singular include the plural and vice versa; and
- Notwithstanding the fact that hyperlinks which might appear in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions, the fact that some or all hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
2. ALLOWED USE AND LICENSE
- Kamco Invest licenses the User to view, download and print the content of the Kamco website, provided that such content is used for personal, educational and/or non-commercial purposes only;
- Content from the Kamco website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Kamco Invest;
- Users may only access and use the Kamco website for legal purposes;
- The caching of the Kamco website shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Kamco website more efficient;
- The cached content is not modified in any manner whatsoever;
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by Kamco Invest;
- If any User uses content from the Kamco website in breach of the provisions detailed herein:
- Kamco reserves the right to claim damages from the User;
- Kamco reserves the right to institute criminal proceedings against the User; and
- Kamco shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User; Hyperlinks to the Kamco website from any other source shall be directed at the home page of the Kamco website. Kamco Invest shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Kamco website, if such content was accessed through a hyperlink not directed at the home page of the Kamco website. Persons who wish to link to content beyond the home page of the Kamco website shall do so at their own risk and indemnify Kamco Invest against any loss, liability or damage that may result from the use of content from the Kamco website, if such content was accessed through a hyperlink not directed at the home page of the Kamco website;
- No person may frame the Kamco website, in any manner whatsoever, without the prior written consent of Kamco Invest;
- Apart from bona-fide search engine operators and use of the search facility provided on the Kamco website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Kamco website for any purposes, without the prior written consent of Kamco Invest; and
- All licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Kamco Invest at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the Kamco website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Kamco Invest and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User, all other rights to intellectual property on the Kamco website are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Kamco website and/or download content from this web site.
5. CHANGES AND AMENDMENTS
Kamco Invest expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions;
- change the content and/or services available from the Kamco website;
- discontinue any aspect of the Kamco website or service(s) available from the Kamco website; and/or
- change the software and hardware required to access and use the Kamco website.
- Kamco Invest shall take all reasonable steps to protect the personal information of Users
- Kamco Invest may electronically collect, store and use, amongst other, the following personal information of Users:
- name and surname;
- contact details;
- non-personal browsing habits and click patterns;
- e-mail address; and
- IP address.
- Kamco Invests collects, stores and uses the abovementioned information for the following purposes:
- communicate requested information to the User;
- newsletter database;
- registration and / or authentication of Users; and
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Kamco website.
- Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
- Kamco Invest may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- Kamco Invest shall not disclose personal information from Users unless the User consents thereto;
- Kamco Invest shall disclose information without the User's consent only through due legal process; and
- Kamco Invest may compile, use and share any information that does not relate to any specific individual; and
- Kamco Invest owns and retains all rights to non-personal statistical information collected and compiled by Kamco Invest
7. HYPERLINKS TO THIRD PARTY SITES
- Kamco Invest may provide hyperlinks to web sites not controlled by Kamco Invest (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
- Kamco Invest does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
- Kamco Invest shall take all reasonable steps to secure the content of the Kamco website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Kamco Invest does not make any warranties or representations that content shall be 100% safe and secure;
- Kamco Invest is under no legal duty to encrypt any content or communications from and to the Kamco website and is also under no legal duty to provide digital authentication of any page on the Kamco website;
- Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Kamco website or the server and computer network that support the Kamco website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Kamco website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Kamco Invest harmless against any and all liability, damages and losses Kamco Invest and its partners / affiliates may suffer as a result of such damaging code;
- Users may not develop, distribute or use any device to breach or overcome the security measures of the Kamco website and Kamco Invest reserves the right to claim damages any and all persons concerned with a security failure or breach; and
- Any User who commits any offence shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Kamco Invest and its partners / affiliates.
9. DISCLAIMER AND LIMITATION OF LIABILITY
- Subject to the provisions of applicable legislation that might be in force from time to time, and as far as allowed by law, Kamco Invest (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access to the Kamco website;
- access to web sites linked to the Kamco website;
- inability to access the Kamco website;
- inability to access websites linked to the Kamco website;
- content available on the Kamco website;
- services available from the Kamco website;
- downloads and use of content from the Kamco website;
- any other reason not directly related to Kamco Invest’s gross negligence.
- The Kamco website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Kamco Invest, that the content available from and through the Kamco website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
- Information, ideas and opinions expressed on the Kamco website should not be regarded as professional advice or the official opinion of Kamco Invest and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Kamco website;
- Kamco Invest does not make any warranties or representation that content and services available from the Kamco website will in all cases be true, correct or free from any errors. Kamco Invest shall take all reasonable steps to ensure the quality and accuracy of content available from the Kamco website and encourage Users to report incorrect and untrue information subject to the right of Kamco Invest to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this web site; and
- Kamco Invest does not make any warranties or representations that the Kamco website shall be available at all times. Users acknowledge that the Kamco website may be unavailable due to updates or other causes beyond the reasonable control of Kamco Invest, including, but not limited to virus infection, unauthorized access, power failure or other "acts of God."
10. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Kamco website to Kamco Invest and Kamco Invest undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
11. INTERCEPTION OF COMMUNICATIONS
- Subject to the provisions of any legislation in force, the User agrees to Kamco Invest's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Kamco website, its staff and employees; and
- The User agrees and acknowledges that the consent provided by the User satisfies the "writing" requirement as detailed in any legislation which requires such consent in writing.
12. ENTIRE AGREEMENT AND SEVERABILITY
- These terms and conditions constitute the entire agreement between Kamco Invest and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Kamco Invest from the User;
- Any failure by Kamco Invest to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
- In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
The User and Kamco Invest agree that:
- the User shall be bound to these term and conditions and such agreement is concluded in Kuwait at the time the User enters the Kamco website for the first time;
- data messages addressed by the User to Kamco Invest shall only be deemed to have been received if and when responded to;
- data messages addressed to the User by Kamco Invest shall be deemed to be received by the User;
- data messages addressed by the User to Kamco Invest shall be deemed to have been created and sent by the User from within the geographical boundaries of Kuwait;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Kamco Invest; and
- The User agrees and warrants that data messages that are sent to Kamco Invest from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorized by the User personally.
14. APPLICABLE AND GOVERNING LAW
The Kamco website is hosted, controlled and operated from the State of Kuwait and therefore the Kuwaiti law enforced by the Kuwait courts governs the use or inability to use the Kamco website, its content, services and these terms and conditions.
15. LEGAL COSTS
Kamco Invest shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.