All the terms and conditions of this Kamco Invest Digital Onboarding Platform (“The Service”) are complementary to the ones stipulated in the investment portfolio agreement and onboarding documents signed by you, and such terms and conditions do not replace, in any way, the terms and conditions of the investment portfolio agreement and onboarding documents. By subscribing to this Service, you hereby acknowledge the following Terms and Conditions:
- You undertake, represent, and warrant that all data, documents, and information submitted by you to Kamco Investment Company K.S.C.P (“Kamco Invest” or “the Company”) during subscribing to the service are correct,
- You shall be fully responsible for the Username and Password to access the service and you undertake to notify the company immediately in the event you lost the Username and/or Password and the company shall not be responsible in any event for such loss. All information and documents provided through the service shall be true and effective until you officially notify the company about the loss of the Username and/or Password. And you confirm that your subscription to this service is for your own use and not for any third party.
- You confirm awareness that the company shall have the right at any time to close your account and cancel your subscription to the service in the event you violate any of the company conditions, terms, and/or the rules and instructions.
- You confirm awareness that in compliance with law no. 7 of 2010 and its executive bylaws concerning the establishment of the Capital Markets Authority and regulating of securities activities and its amendments, all and any information or documents provided by you via this service shall be retained by the Company for at least ten (10) consecutive years, however, in case of any judicial or non-judicial dispute between yourself and the Company or between yourself or any Third Party regarding the information and documents which you provided through this service, the Company shall retain the said information and documents until the dispute is completely resolved whether amicably or by a court resolution or until the investigation procedures are completed and the investigation is closed.
- You agree that you shall indemnify and hold harmless the company, its respective officers, directors, agents, advisors, and employees at all times from and against all losses, claims, including legal and litigation fees, damages, or any joint or several liabilities, which as a result of your subscription to the service and providing your information and documents accordingly.
- Kamco Invest may, in its sole discretion, decide not to accept information and documents from you under these terms. Kamco Invest is not obligated to, advise you of its decision and the reason for its decision. Further, Kamco Invest may be precluded from accepting your information and documents owing to any legal or regulatory constraints.
- By subscribing to this service, you agree to these terms and conditions. if you are providing the required information and documents on behalf of a company or other legal entity, you represent and warrant to us that you have the legal authority to bind such legal entity and its affiliates to this agreement, in which case references to “you” and “your” in this agreement shall mean such entity and its affiliates. if you do not have such authority or if you do not agree with the terms and conditions of this agreement, you must not use the service or accept these terms and conditions. By taking any steps to enter, set-up, use or install any of the services, you represent and warrant to us that you agree to the terms and conditions of this agreement and you are authorized to activate the services.
- Restrictions: Except as expressly permitted hereunder, the Services shall be used by you only for the processing on your own account, and you shall not permit any Third Party to use or access the Services. In addition, you will not and will not permit any other party to: (i) reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code from the Services or any component thereof; (ii) modify, translate or prepare derivative works of the Services or any component thereof; (iii) copy or reproduce the Services or any component thereof, other than as expressly provided in this Agreement; (iv) use the Services in any manner that infringes the Intellectual Property or other rights of Kamco Invest or another party; (v) distribute, re-distribute, assign, share, sell, rent, lease, or grant a security interest in the Services; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of the Services; (vii) publish the Services or any part of the Services for others to copy; (viii) use the Services for Commercial Services; (ix) attempt to avoid or circumvent the security measures set up to protect the Services from unauthorized use; (x) make the Services available to anyone else; (xi) use the Services to store or transmit Malicious Code; (xiii) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (xiv) attempt to gain unauthorized access to the Services or their related systems or networks.
- Except with our prior written consent, you may not access the services if you are our competitor. Accordingly, by your use of the service or acceptance of this agreement, you represent and warrant to us that you are not our competitor. In addition, you may not access the services for purposes of monitoring their availability, performance, or functionality or for any other benchmarking or other competitive purposes.
- You agree that we may modify all or any terms or policy concerning the use of the Services or other terms referenced herein at any time by posting a revised version of these terms.
- Access to Services: We will use commercially reasonable efforts to maintain the active status of the services, but we will not be liable for any loss, cost, damage, or expense resulting from or relating to your loss or lack of access to the services during times Kamco Invest or its service providers may be updating or maintaining the Services or during such time as the Service may be inaccessible for any reason or for no identifiable reason within or outside of Kamco Invest’s control.
Further, Kamco Invest will not provide you with the hardware or software necessary to gain access to the Service. You are solely responsible for obtaining and maintaining any such hardware and software, for contracting with an Internet service provider (“ISP”), a telecommunications carrier, or other service providers for services necessary to establish your connection or access to the Service. You are also solely responsible for all costs, charges, and expenses associated with obtaining and maintaining such hardware and software and with connecting and gaining access to the Service.
- Kamco Invest’s Intellectual Property and Ownership Rights. You acknowledge and agree that all the Services and documentation accompanying the Services are the proprietary information of Kamco Invest or its licensors protected under Kuwait and international copyright and other laws protecting Intellectual Property. You further acknowledge and agree that Kamco Invest shall retain and own all right, title and interest and all Intellectual Property rights in and to the Services and that nothing contained herein shall transfer or convey to you any ownership right, title, or interest in or to the Services or any license right with respect to the same not expressly granted in these terms. You agree that you will not, during or after the termination of these terms, contest or challenge the ownership of the Intellectual Property rights in and to the Services.
- Provision of Services: We shall make the Services available to you pursuant to these terms. You agree that your continuing use of the Services under these terms are neither contingent on the delivery of any future functionality or features dependent on any comments made by Kamco Invest regarding future functionality or features. Further, Kamco Invest has no obligation whatsoever to upgrade or continuously support any of the features or components of the Service.
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Kamco Invest is not and shall not, for any reason whatsoever, be held responsible for the quality, description, availability, delivery, or otherwise of any services or the information provided by the merchants and/or third parties. The information, data, and themes contained in the service constitutes the intellectual property of Kamco Invest and is confidential and intended solely for the Recipient and may not be published, revealed, or disclosed in any manner whatsoever by the recipient directly or indirectly to any person or entity except upon prior written authorization of Kamco Invest.
Any unauthorized use or disclosure of the Information contained in this document may give rise to irreparable injury and the right to equitable and injunctive relief in addition to such other damages or relief that may be occasioned by such unauthorized use or disclosure.
- You agree that your use of the service shall be subject to the following conditions:
- Neither the Company nor the Source of Information providers shall bear any liability toward you or any person, authority, or other entity as a result of any damage, losses, errors, inaccuracy, or deletion from the Content or the service or as a result of any delay, interruption of the transmission of the service to you regardless of the cause thereof.
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You understand that the performance or availability of the service may be affected by many factors such as an insufficient number of participants or any breakdown in the computer hardware, failure of the communication lines, internet connection, or other reasons, and you agree to use the service at your own responsibility and you shall bear all risks associated with such use.
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Being Onboarded through an electronic application may expose you to the risks associated with breakdowns of the system or contents. In the event of the failure of the application, software, or network, you may not be able to input new information, upload documents, or amend current information that was previously entered, until the breakdown has been repaired.
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You also acknowledge that there may be times during which you have access no to your account, due to outages or block outs of the Internet or other problems associated with the services of the Company’s Internet service provider, the Kuwaiti Ministry of Communications, and/or other entities that provide, support or control the internet communications. The events of delay, outages, or block-outs are beyond the control of the Company or the clearing firm. Accordingly, they shall not be liable in respect thereof.
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The breakdown of the system or software may cause the loss of information or document. Furthermore, the facilities and systems available on the computer, such as those used by the Company may suffer interference or breakdown and may not be available to you from time to time. You declare that you will not hold the Company liable for any damage or failure that may affect the systems.
- The Company shall have the right to amend these terms and conditions or any special conditions appended hereto to match the amendments made to the respective Regulations, and without giving prior notice thereof and obtaining the consent of you. Such amendments to the Agreement shall be effective immediately.
- You realize that the Company may make any amendments to these terms and conditions at any time by adding additional terms and conditions and/or canceling any terms and conditions here from, by stating and giving notice of those amendments and the effective date through by giving notice by electronic mail at your electronic mail address provided to the Company. You acknowledge that you shall be bound by those amendments if you use this service after the date of making those amendments whether you receive the electronic mail message or not.
Legal Disclaimer
- Kamco Invest and its affiliates intend that the information contained in this service is accurate and reliable; however, errors sometimes occur.
- THIS SERVICE IS PROVIDED "AS IS". KAMCO INVEST AND ITS AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THIS SERVICE IS AT YOUR OWN RISK. KAMCO INVEST AND ITS AFFILIATES ARE NOT LIABLE FOR DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE.
- By using this service, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Kamco Invest, your Internet service provider, and you.
- Kamco Invest expressly prohibits the use of devices (including software) designed to provide repeated automated access to this service other than those made generally available by Kamco Invest (if any). Kamco Invest reserves the right to take all measures necessary to prevent such access, including denial or termination of service. Kamco Invest expressly reserves the right to monitor any and all use of this service.