Please read the following terms and conditions carefully before using this Web Site. By accessing or using our site, you agree to the following terms and conditions. FAIDA INVESTMENT BANK LTD reserves the right to change or amend terms and conditions at any time and at our sole discretion. You agree to indemnify, defend and hold harmless Faida Investment Bank Ltd, its officers, directors, shareholders, employees, agents, licensors and any third party information providers to Faida from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement by you.
If you do not agree to any term or condition, you should not access or otherwise use our sites.
“Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web Site.
This Web Site is produced by FAIDA INVESTMENT BANK LTD and its content is provided “AS IS”, without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
Our Web site is provided to you without charge and for your information only. The access to our Web site content does NOT warrant or represent that Web Sites content is accurate or complete; that it is up-to-date or current; that the content is free from technical inaccuracies or typographical errors; that the content is free from changes caused by third party; and your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components; and that we have a duty to update any content. We do not assume any liability for these matters. Use our Web site at your own risk. Under No circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages or any decision made or action taken or not taken in reliance upon the information.
None of Faida Investment Bank Ltd members, shareholders, directors, employees or other Representatives will be liable for Damages arising out of or in connection with the use of this site. This includes loss of data or profit arising out of the use or the inability to use the content of this Web Site (even if one of our representatives has been advised of the possibility of your damages). If your use of our Web Site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. (Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law).THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Some of the provisions of this Agreement are for the benefit of Faida Investment Bank Limited and its officers, shareholders, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
FAIDA INVESTMENT BANK LTD has the right to Add, Change or Delete its Content without Notice this is inclusive of any price or availability of information is subject to change without Notice.
FAIDA INVESTMENT BANK may collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our site. We also collect certain standard information that your browser sends to our Web site you visit, such as your IP address, browser type and language, access times and referring Web site addresses.
You are not authorised to post on or transmit to or from our Web site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
FAIDA INVESTMENT BANK has taken time to prepare the information on the Share Market Price Details page with utmost care but we cannot guarantee or warrant the accuracy, completeness /adequacy of the information contained herein, or timeliness of the information. The information in this report is not an offer for the sale or purchase of any security nor should it be taken to constitute advice of any kind or recommendation for the sale or purchase of any security. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that arise from reliance on information on the Share Market Price Details page or any other page. No liability is accepted by the company or any of its employees as to the accuracy of any report contained in the website.
FAIDA INVESTMENT BANK makes no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. Any claims relating to our Web site and its content and materials shall be governed by the laws of Kenya without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties’ obligations shall be brought exclusively in the High court of Kenya.
The application or ‘App’ or ‘Faida M-Trader’ is operated by Faida Investment Bank Ltd. The term ‘Faida’ refers to Faida Investment Bank Ltd, whereas ‘client’ refers to the end user or (‘consumer’) of the application or any services offered by Faida. All rights are reserved.
The app, including any data or service rendered through the app shall be offered to the client, who has accepted these terms and conditions, subject to approval by Faida. By using the App, the client agrees to be bound by these terms and conditions.
- Personal Information
The client agrees to ensure that his/her details are up to date and any changes are communicated to Faida. Faida reserves the right to suspend or terminate the usage of the app from a client whose information is deemed to be incomplete, fictitious, inaccurate or untrue.
The client is responsible for protecting the confidentially of any user identification numbers, passwords or codes that Faida provides or is used to access the App. The Client shall keep secret and not disclose client security information to any third party. Where a client has notice an unauthorised use of the client credentials the client agrees to immediately change and notify Faida via email: firstname.lastname@example.org
- Third Party Restrictions
Faida shall not be responsible for any inaccuracies, errors, omissions, delays, claims, liabilities, loses arising from use of third party data
The app shall remain a privilege to the client, subject to the agreed terms and conditions for as long as the client does not use the app for any prohibited or unlawful purposes. The client understands that Faida can revoke or end this accord and the consequent usage of the app without notice or discern for an imprecise period of time or indefinitely. Should Faida notice or be informed that the client contravenes or infringes on any laws by using the app, the Faida will terminate usage of the app and the client shall be responsible for all facts.
- Modification of terms of service
Faida shall reserve the right to revise these Terms and Conditions in part or in full. The client understands that the continued usage of the app shall be bound by these terms and conditions. The client shall frequently check any updates to the terms and conditions on the app.
- Governing law
The terms of usage and service shall be governed in accordance to the laws of Kenya.
- Exclusion of liability
The client agrees to waive Faida against any responsibility or liability for any loss suffered as a result of the app and/or service be interfered with or be unavailable due to (a) any industrial action (b) the failure of any of the client’s facilities or (c) any other circumstances whatsoever not reasonably within Faida’s control including , without limitation, force majeure or error, interruption, delay or non availability of the system, terrorist or any enemy action, equipment failure , loss of power, adverse weather or atmospheric condition, and failure of any public or private telecommunications system.
- Execution of Instructions
- Faida shall not be liable for any losses or damage suffered by the client as a result of delay, failure and/or refusal by Faida to act on a request in time or at all in any one or more of the following circumstances (as the case may be):-
- If the client does not have enough funds in the account
- If the system or the client’s facilities were not working properly
- If circumstances beyond Faida’s control including those specified in clause 8 above prevent Faida from making a payment or transfer
- If the money in the client’s account is subject to legal process court order or other encumbrance restricting the payment or transfer
- If the client does not give proper or complete instructions for the execution of trades or the client does not follow the procedures in this or other applicable agreement with Faida for requesting a trade to be executed
- If Faida has reason to believe that the client or someone else is using the service for fraudulent or illegal purposes
- If a payment or a transfer request would consist of money deposited in a form or by a method that has not yet made the money available for trading
- If the payment or transfer request is in contradiction or conflict with other existing account agreements with the client
- If instructions are received at a time when it is operationally not possible to execute the instructions or client order within working hours of that day
The client shall indemnify in full and hold Faida, it’s directors, employee and officers harmless against all claims, consequences, liabilities and damages of any kind and costs whatsoever (including legal costs), claims, actions, proceedings, losses , damage, demands, liabilities, and expenses suffered or incurred by Faida in connection with or arising from directly or relating to:
- Disputes or legal actions by third parties concerning the use of the app or Faida’s provision of the services
- Clause 9 or where the particular circumstances is within the client control and against all and any costs (including legal costs) claims, actions, proceedings, losses, damage, demands, liabilities and expenses suffered or incurred by Faida as a consequence of any breach by the client of any term or condition thereof
- The service, whether directly or indirectly, unless such demands ,claims, actions, losses, damages, or costs arose as a direct consequence of the gross negligence or wilful misconduct of Faida or any of its employees
- (i) All demands, claims, actions, losses and damages of whatever nature which may be brought against Faida or which it may suffer or incur arising from Faida’s reliance on any incorrect, illegible, incomplete or inaccurate information or data contained in any request received by Faida
(ii) Any loss or damage that may arise from the client’s use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs
(iii) Any unauthorised access to the client’s accounts or any breach of security or any destruction or accessing of the client’s data or any destruction or theft of or damage to any of the client’s equipment
(iv) Any loss or damage occasioned by the failure by the client to adhere to any terms and conditions applicable to the service and/or by providing incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction
(v) Any loss or damage that may arise from the use of the service by the client, any joint account holder, corporate administrator, corporate user/maker , corporate dual user and/or corporate authoriser/checker
(e) The client acknowledges while that Faida may provide data, information and content relating to investment approaches and opportunities , including information on buying and selling securities , the client shall not construe any such information as investment, financial, tax or advisory advise and agree to make informed decision with the said information
- Service Restoration
If for any reason other than a reason mentioned in Clause 8 and the service is interfered with or unavailable , Faida’s sole liability in respect thereof shall be to reestablish the services as soon as reasonably practicable or at Faida’s option to provide to the client an alternative banking facilities which need not to be electronic facilities
Under no circumstances shall Faida, it’s directors or employees be liable to the client for any loss of profit or for any indirect or consequential loss of whatever kind, howsoever caused, arising out of or in connection with the service
- Representation and warranties
The client warrants that the funds used for investment in securities do not arise from the proceeds of any anti money laundering
- Access to the app
- The app shall only permit/allow access to one person (nominee) per each account at any given time. Where an account is held as joint, business name, partnership, self help group, limited liability partnership, trust or company, then all persons who jointly own the account are bound by these terms and conditions. The client agrees to nominate one person who shall operate the account and who shall be bound by these terms and conditions and shall absolve Faida from any liability, losses, damages incurred as a result of the actions of the nominee
- If the client is an authorised agent or trustee, he/she shall be bound by these terms and conditions, both as an agent or trustee of the account and personally. Where an account is a corporation, the directors shall be bound be these terms and conditions.