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Website Disclaimer and Terms and Conditions of Use

These terms and conditions and disclaimer apply to your use of the website (the “Website”) that is owned and operated by Boursa Kuwait. By accessing and/or continuing to use the Website, you irrevocably represent and confirm that you have read, understood and unconditionally agree to these terms and conditions and disclaimer.

Disclaimer

The information contained in the Website is for general information purposes only. The information is provided by Boursa Kuwait and while Boursa Kuwait endeavors to keep the information up to date and correct, Boursa Kuwait does not make and shall not be deemed to have made any representations or warranties of any kind whatsoever, express or implied, regarding the completeness, accuracy, reliability or suitability of the information contained on the Website for any purpose whatsoever. Any reliance you place on such information is strictly at your own risk and you hereby release Boursa Kuwait from any claims or demands you may have in this regard.
Through the Website, you may be able to link to other websites which are not under the control of Boursa Kuwait. You confirm and acknowledge that Boursa Kuwait has no control over the nature and content of those websites. Through the Website, you may also view certain advertisements and promotional materials. The inclusion of any such links, advertisements and promotional materials on the Website does not imply a recommendation or endorsement by Boursa Kuwait of the views or content expressed on them or of the products that are being advertised therein.
Every effort is made by Boursa Kuwait to keep the Website up and running. However, Boursa Kuwait takes no responsibility whatsoever for, and will not be liable for, the Website being unavailable for any reason.

The Website and its contents are provided for general information purposes only and nothing on the Website or in its contents is intended to provide financial or other professional advice. You are advised to seek independent professional advice on any transaction you may wish to pursue.

Usage of Data

Boursa Kuwait grants to you a non-exclusive, non-assignable, non-transferable license to use the data services solely for your internal non-commercial use and you agree that you shall not create a derivative work from the data services. 

Copyright

In using the Website, you agree and undertake at all times to protect and not infringe Boursa Kuwait's copyright, trademarks and other intellectual property rights and not to use them in a manner that may cause harm, damage or disrepute to Boursa Kuwait. You also agree not to infringe or violate the privacy of any person.

Restrictions

You must not use the Website to copy, publish, post or send any material which is illegal or unlawful under any applicable laws and regulations. Any material which you copy, publish, post or send through the Website shall not be defamatory, obscene, indecent or inflammatory and must not infringe the rights of any other person neither must it be misleading, inaccurate or deceptive. You must not use the Website in a manner that is unlawful, illegal, fraudulent or harmful in any way.

You agree and acknowledge that Boursa Kuwait reserves the right and may elect at any time in its absolute discretion to restrict access to the Website or to certain parts of the Website or to impose conditions on accessing the Website including, but not limited to, requiring a username and password or requiring payment to access the Website or certain parts thereof. Where you are provided with a username and password, you confirm that they shall be kept strictly confidential and shall not be disclosed to third parties.

Boursa Kuwait reserves the right in its absolute discretion to edit or remove any material posted on the Website by any person. Boursa Kuwait also reserves the right to take such action as it deems appropriate to deal with the posting of any illegal, unsuitable or inappropriate material on the Website.

By accessing the Website, you agree and undertake:

(i) not to use the Website or its content in contravention of any regulation or legislation;
(ii) not to copy, amend, reproduce or distribute the content, or disclose the content to third parties; and
(iii) that you are personally responsible and liable for any material you publish, send to or upload to the Website.

No Liability

In no event shall Boursa Kuwait be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website or reliance placed by you on the information contained on the Website.

Indemnity

You agree to indemnify and hold harmless Boursa Kuwait, its affiliates and their respective shareholders, directors, managers and employees from any and all losses, damages, claims and demands that they may suffer or incur as a result of your wrongful or unlawful use of the Website or any materials thereon or your use of the Website generally.

Cookies

Boursa Kuwait may use “cookies” of different types and specifications to provide you with a better and more customized experience. By using the Website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with these terms and conditions. Boursa Kuwait’s use of cookies will at all times be restricted to purposes directly relating to providing you with services provided by Boursa Kuwait.

Personal Data

For purposes of identifying you, providing and/or enhancing the services provided by Boursa Kuwait to you or facilitating payments made by you through your bank (the “Bank”), Boursa Kuwait may collect, store, process, use and transmit and/or share with the Bank your personal data including, but not limited to, your name, nationality, sex, age, email address, mobile phone number, date of birth and Civil ID number (collectively referred to as the “Personal Data”). 

By providing your Personal Data on or through the Website, you agree that we may use it for the above purposes. 

Changes

Boursa Kuwait reserves the right in its sole and absolute discretion to change these terms and conditions and disclaimer at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions and disclaimer on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the then current or future terms and conditions and disclaimer applied by Boursa Kuwait.

Governing Law and Jurisdiction

This disclaimer and terms and conditions shall be governed by and construed in accordance with the laws of the State of Kuwait. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Kuwait in respect of any dispute arising out of or in connection with these conditions.

Website Terms and Conditions

Services Provided

1.1 Subject these Terms & Conditions, Boursa Kuwait hereby grants to the User, at the absolute sole discretion of Boursa Kuwait and for the User's business purposes only the ability to access, through Boursa Kuwait’s Website, to use the Services offered on this Website, in accordance with these Terms and Conditions.The User acknowledges that it may not waive or transfer these Services to any party, and recognizes the right of Boursa Kuwait to make its Services available to any person or group of persons.

1.2 Notwithstanding any other provision of these Terms and Conditions, the User hereby acknowledges and agrees that these Terms and Conditions govern all transactions beginning only as from, the date the User starts using the Website or activates its account and shall thereafter apply to all of the Services now or in the future offered through the Boursa Kuwait.

1.3 Boursa Kuwait shall have the right to cancel, amend or restrict  the Services and their content available on the Website at any time, as well as the terms and conditions set forth in these Terms and Conditions at Boursa Kuwait's sole discretion and without prior approval or notice to the User.

The User shall not have the right to claim any indemnities or compensation from Boursa Kuwait as a result of any damages or losses that may occur for any reason whatsoever.

1.4 The User hereby acknowledges and agrees that the User's continued use of the Services after the date of any change or amendment shall constitute the User's acceptance of, and agreement to, such amendment(s) or change(s).

1.5 Boursa Kuwait may refuse, suspend or limit the User's access to the Services in whole or in part, in its sole discretion, at any time without prior approval or notice, the User shall not have the right to demand any indemnities or compensation from Boursa Kuwait for any losses or damages so caused for any reason whatsoever.

User’s Responsibilities

2.1 The User hereby irrevocably and unconditionally undertakes to:

a) Obtain and maintain any and all of the hardware and software required to access the Internet to make use of the Services, and the User shall be solely responsible for the selection and the set-up of the hardware and software.

b) Read the information and abide by the recommendations, instructions and warnings available on the Website about the security of the Services.

c) Keep the User's, Internet login name and password secure and safe and not disclose the same to any unauthorized third party, protect the secrecy thereof and take all necessary steps to avoid the loss of such information, and not permit any unauthorized third parties to use the information to access and/or transact on the Website in its name.

d) Promptly notify Boursa Kuwait in writing in the event that the password or login name are lost or stolen, and acknowledge that the User shall remain responsible for all losses and damages resulting therefrom as well as any fees required, until Boursa Kuwait has had sufficient time to take all necessary precautions, after the receipt of the User’s written notice to that effect.

e) Not to use the Website and/or the Services in a way that is contrary to any laws, regulations, and/or the terms of these Terms and Conditions.

f) Indemnify Boursa Kuwait against any and/or all actual losses which may arise from the User, any authorized or non-authorized conduct of its employees, agents or other representatives or from a failure to adhere to any instructions set forth in these Terms and Conditions or displayed on the Website from time to time.

g) Pay all fees and charges set by Boursa Kuwait at its sole discretion, for the Services provided through the Website, the User undertakes that it is the legitimate cardholder when making any payment.

2.2 The use of the User's Internet login name and password shall be deemed a full legal substitute for the User's physical signature and that Boursa Kuwait  is unable to know whether an unauthorized third party has used or is using the User’s, Internet login name and password, and accordingly hereby agrees that any use of the User's Internet login name and password by any third party shall be treated by Boursa Kuwait as having been authorized by the User, and the User hereby accepts full responsibility and liability for any such use.

2.3 Any acknowledgement, acceptance, agreement or other type of click through button on the Website that is selected by the User to evidence acknowledgement, acceptance or agreement shall have the same force and validity as a paper copy of an agreement that has been mutually signed by the User and Boursa Kuwait.

2.4 The User will be solely responsible for the accuracy and correctness of all the information and instructions processed through the Website, and shall bear any legal and/or financial consequences arising from any such information or instruction.

2.5 Be responsible for the accuracy and correctness of all information provided in pertaining to password reset, and shall promptly notify Boursa Kuwait  in writing of any changes to the information contained therein, including authorizations granted to the User's employees to access and use the Website and avail themselves of the Services.

User’s Data

3.1 The User hereby agrees that all User Data submitted to and received by Boursa Kuwait via the Website shall be deemed to be the property of Boursa Kuwait and Boursa Kuwait shall be entitled to use such information for any lawful or commercial purpose, provided however that the User shall bear all legal and financial liability for any inaccurate or incomplete information transmitted through the Website.

3.2 For purposes of identifying you, providing and/or enhancing the services provided by Boursa Kuwait to you or facilitating payments that shall be paid by you through your bank (the “Bank”), Boursa Kuwait may collect, store, process, use and transmit and/or share with the Bank your personal data including, but not limited to, your name, nationality, sex, age, email address, mobile phone number, date of birth and Civil ID number (collectively referred to as the “User Data”). By providing your User Data on or through the Website, you agree that we may use it for the above purposes.

3.3 The User hereby acknowledges that information transmitted via the Internet is susceptible to unauthorized interception, hacking and monitoring, and the User hereby acknowledges the risks associated therewith, and agrees that it shall bear all of the legal and/or financial risks of transmitting such information via the Internet. 

3.4 To the extent that the User uses the Internet to transmit information, Boursa Kuwait hereby expressly disclaims any liability whatsoever for the interception of any such information, and Boursa Kuwait shall not be responsible for, and makes no warranties with respect to, the access, speed, availability or security of the Internet, and the User expressly agrees that Boursa Kuwait shall not be liable for any losses of whatsoever nature and howsoever arising in respect of such transmission of information via the Internet.

3.5 The User is committed in its statements and information to comply with the provisions of law No. 7/2010 referred to and its executive regulations and all decisions of the Capital Markets Authority and all decisions of Boursa Kuwait in force or any other applicable laws or decisions, and the User is committed to any decisions or instructions issued by the Capital Markets Authority or Boursa Kuwait regarding such statements or information.

Limitation of Liability

4.1 The User undertakes and hereby agrees that the  usage of the Services is at the User's sole legal and financial risk and that the Website (including any information and materials contained therein) is provided “as is" or "as available" without warranties and/or representations of any kind including without limitation any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose. Boursa Kuwait does not warrant the accuracy, adequacy or completeness of the information and materials contained on the Website and hereby expressly disclaims any and all liability for any errors or omissions in such materials and information.

4.2 Boursa Kuwait shall not be liable for any action taken, or any delay or failure to take any action, to the extent that the taking of such action, or such delay or failure, arises out of causes beyond Boursa Kuwait's control, including without limitation any losses or damages resulting from interest or exchange rate fluctuations and from after-hours transactions, and provided further that Boursa Kuwait will not be responsible for any damages resulting from the mechanical failure or the breakdown of online banking communications or any emergency cases such as power failure, closing days, natural disasters, security accidents, governmental emergency actions, or any other virus induced to the Internet.

4.3 The User acknowledges and agrees that the User shall not hold Boursa Kuwait responsible for the User's errors and accordingly expressly agrees that Boursa Kuwait shall not cover any losses and/or damages due to input errors or mistakes, sharing of the User’s login name and/or password and leading to any unauthorized access to the User's Account, and/or unreported theft of login name and password, and any failure to advise Boursa Kuwait if the User believes that the User's Account security has been breached in any manner.

4.4 The User hereby acknowledges and agrees that the User shall be liable to Boursa Kuwait and to third parties for any and all damages and/or losses resulting from the loss, use and misuse of the User’s login name and password, and hereby undertakes to indemnify Boursa Kuwait and such third parties for any and all losses and/or damages so incurred.

Copyright Notices

The copyright and all other intellectual property contained in the Website, including, but not limited to, all design, text, sound recordings, images or links are owned, by Boursa Kuwait, and such intellectual property may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of Boursa Kuwait.