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Terms of Use of Mobile and Website Services under Cytonn Investments Management Plc.

Kindly read these terms and conditions carefully. The following terms and conditions govern your access and use of the mobile application(s), website and network of websites ‘the sites’, which Cytonn Investments Management Plc “Cytonn Investments”, subsidiaries and its affiliates have as part of making their investment services accessible to you as a ‘self-service’ option. These Terms and Conditions also govern the content and services offered to you through the site(s) and applications . By accessing, using, printing, installing, or downloading any material from any of the sites, you agree to be bound by these Terms and Conditions.

  1. Acceptance

These terms and conditions of use become effective when the user accesses the application(s) and/or site for the first time and constitute a legal binding agreement between Cytonn Investment Management Plc and/ or its subsidiaries or affiliates, as the case may be and you, hereinafter known as the ‘User’ a prospective or current investor with Cytonn Investments in any of its products or with any of its subsidiaries and affiliates.

For clarity, the conditions under which you accept to use the investment services include but are not limited to the conditions listed below:

  1. You will be dealing with us on an execution-only basis in reliance solely on your own judgment. In this regard you should bear in mind that if we merely explain the terms of an investment or its performance characteristics this does not itself amount to advice on the merit of a transaction in the investment or on the legal or tax status or consequence.
  2. When a transaction is made on the application(s) and/or site, you authorise us to act on the Instructions entered using your password which shall be deemed to have originated from you if the correct login password was submitted.
  3. We may at our absolute discretion refuse to act in accordance with any instructions, without being under obligation to give any reasons thereof. If we decline an instruction we will take reasonable steps to notify you promptly of this but subject to this will not be liable for any failure to do so.
  4. If you give an instruction, through the the application(s) and/or site, Cytonn Investments may act upon such instructions without receipt of any written confirmations and Cytonn Investments records of such instructions shall be conclusive evidence of all such instructions.
  5. You will bear all risks, and no member of Cytonn Investments is or will be responsible or liable for direct, indirect, incidental or consequential losses arising from instructions or communications provided to Cytonn Investments by a User. In particular but without limitation, Cytonn Investments will not be responsible or liable for any loss suffered or incurred as a consequence of (i) any failure or delay in executing an instruction caused by circumstances beyond its reasonable control including delay or failure to read an instruction, or (ii) any delay in reading an instruction given through the application(s) and/or site.
  6. Cytonn Investments bears no responsibility as to the validity of the instructions placed by you.
  7. Instructions and communications digitally signed and supported by a digital certificate have the same validity, admissibility and enforceability as if signed in writing.
  8. An instruction given to Cytonn Investments may not be cancelled, withdrawn or amended unless Cytonn Investments, in our discretion, decides otherwise. Cytonn Investments have no liability if we do not or are unable to stop or prevent the implementation of the initial instruction
  9. You must ensure that you do not access the application(s) and/or site using any mobile and/or electronic equipment not owned by you or which you are not licensed or authorised to use
  10. All instructions once submitted will be received in the Cytonn Investments servers and shall be processed in line with the terms and conditions as well as the relevant laws and regulations
  11. Instructions received through the application(s) and/or site are subject to the regular processing timeframes upon receipt by Cytonn Investments, and you hereby agree that the transactions are not deemed completed or performed merely upon receipt on application(s) and/or site
  1. User's Liability to Cytonn Investments

The user shall be liable to Cytonn Investments for any liabilities, losses or expenses incurred by Cytonn Investments as a result of any breach by the user of these terms and conditions.

  1. Privacy

Unless restricted by applicable laws, you agree that any and all personal data relating to you collected by Cytonn Investments from the application(s) and/or Web Site may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with Cytonn Investments prevailing Privacy Policy as amended from time to time.

A copy of the Cytonn Investments current Privacy Policy may be obtained Here

  1. Intellectual Property Rights

The application(s) and/or web site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to Cytonn Investments.

The user is authorised to view and download, print and make copies of such printouts, provided that:

  1. The material is used for considering use of the mobile and/or online services and for no other commercial purposes.
  2. Any reproduction of our proprietary material from the application(s) and /or the site or portion of it, must include Cytonn Investments copyright notice in its entirety.
  3. The logos and trademarks shown on the application(s) and/or site are Cytonn Investments registered.

All content included on the application(s) and/or Sites, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Cytonn Investments and is protected by applicable copyright and trademark laws.

Nothing on the application(s) and/or site should be construed as granting any licence or right to use any trademark without Cytonn Investments prior written permission. The user may not, without Cytonn Investments prior written consent, use Cytonn Investments intellectual property.

  1. No Warranty

The information and materials contained in the application(s) and/or site, including text, graphics, links or other items are provided ‘as is’ and ‘as available’. Cytonn Investments does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

We do not warrant or represent that access to the whole or part(s) of the application(s) and/or website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system or mobile phone. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the application(s) and/or Sites or any of the materials contained therein is done at the User’s own discretion and risk. If the Users use of the application(s) and/or Sites or the Material results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and the user will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third party material.

The materials, information and functions provided in the application(s) and/or Sites shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. The User shall be responsible for evaluating the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the application(s) and/or Sites; further the User should seek professional and/or legal advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.

  1. Amendments to these conditions

Cytonn Investments may at its discretion amend these conditions from time to time without notification to the user. By accessing the application(s) and/or site the Users are bound to the version of the terms and conditions published at the time of any visit to the application(s) and/or site. The User agrees to view the current version each time that this site is visited or upon use of any mobile application.

The current version of these conditions will govern the respective rights and obligations of Cytonn Investments and the User each time the User access the application(s) or site .

  1. Capacity to use our Application(s) and/or Sites and enter into agreements

The User hereby warrants to Cytonn Investments that the User has the required legal capacity and is of legal age to enter into and be bound by these terms and conditions.

  1. Sending of information

Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.

The User accepts that Cytonn Investments cannot be held liable for any loss, or damage suffered by the User as a result of unlawful activities by unscrupulous persons, as Cytonn Investments cannot prevent such behaviour.

  1. Disclaimer and limitation of liability

The use of this application(s), site and the online services is entirely at the User's own risk. The User assumes full responsibility for the risk or loss resulting from the use of the application(s) and/or site and the User's reliance on information contained on it.

In no event will Cytonn Investments be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the User's use of the application(s), site or the online services or the information contained on the application(s) and/or site or the User's inability to use the application(s) and/or site or the mobile or online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether Cytonn Investments was expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, and to the extent legally permitted, Cytonn Investments will not be liable for:

  1. Any interruption, malfunction, downtime, off-line situation or other failure of the application(s) and/or site or online services, Cytonn Investments system, databases or any of its components, beyond Cytonn Investments reasonable control;
  2. Any loss or damage with regard to the user’s data or other data directly or indirectly caused by malfunction of Cytonn Investments system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Cytonn Investments system or third party systems; programming defects;
  3. Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public- switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which the Cytonn Investments has no direct control.

Access to this Application(s), online system and Web Site is at the User’s own risk. If a User is dissatisfied with any of the contents of the application(s), Sites or these Terms and Conditions, a User’s sole remedy is to discontinue use of the application(s) and site.

  1. Third party Information

Cytonn Investments may use the services of other third party organisations to provide information and or assistance to execute user instructions on the application(s) and site. Cytonn Investments has no control over the third party information and or systems and makes no representations or warranties of any nature as to its efficiency, accuracy, appropriateness or correctness. Cytonn Investments will not be directly or indirectly liable for any damages that may arise from the User's reliance on it.

  1. Indemnity

The User undertakes to defend, indemnify and hold harmless Cytonn Investments, its independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from the users authority including without limitation to governmental agencies, use, misuse, or inability to use the application(s), Sites or any of the Materials/Contents contained therein, or the Users breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against the Cytonn Investments in connection with the User’s use of the application(s) and/or website. Cytonn Investments shall notify the User of any such claim or suit, and the User shall be responsible for its defence. Cytonn Investments may participate in the defence of such claim or defence but is not obligated to do so.

  1. Governing Law and Jurisdiction

These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing the application(s) website and/or applying for the products or services provided herein by Cytonn Investments, you hereby consent to the exclusive jurisdiction, and/or any other dispute resolution process of the Kenyan courts in all disputes arising out of or relating to the use of this website.

  1. General provisions

The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

No failure or delay by Cytonn Investments to exercise any of Cytonn Investments rights will be construed as a waiver of any such right, whether this is done expressly or impliedly, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. 

  1. Termination

Cytonn Investments may terminate these terms and conditions, your access to the application (s) and/or Web Site and use of online services at any time, without prior notice to you.