Terms and Conditions of Kuza Asset Management Limited Client Portal
a) This agreement applies if you have an account with Kuza Asset Management Limited, or wish to subscribe to the Kuza Asset Management Limited Client Portal and it explains our obligations to you and your obligations to us.
b) These terms and conditions come into effect immediately when you register for or access the Kuza Asset Management Limited Client Portal. We shall automatically onboard you on the portal unless you opt-out.
c) Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on the Kuza Asset Management Limited Website
Please read the following terms and conditions carefully.
Definitions and Interpretation
In these terms and conditions:
“you” or “your” means any client accessing the Site.
“Kuza”, “we”, “us” or “our” means Kuza Asset Management Limited.
“Password” means any secret and confidential code for using the Site and/or to avail any products provided by us to you and/or selected by you and/or subsequently changed by you at your discretion.
“Site” means the Kuza Asset Management Limited Client Portal.
“Products” means any of the products offered by Kuza through the Site.
“Username” means and includes an identification code that is selected by us and/or you for operating the Site and/or to avail of any products provided by us to you.
These terms and conditions govern your use of the site and by accessing this site and acknowledging receipt of the Username and Password you agree to be bound by them.
Please note that if you are an existing Kuza client, these terms will apply in addition to those in the application form signed by you.
We reserve the right to change these terms and conditions at any time and without notice to you and your continued access to or use of this site following any such change shall constitute your acceptance of the revised terms and conditions.
Kuza reserves the right to accept or decline any application for access to and use of the site at its sole discretion.
The processing of your application and the subsequent registration for access to and use of the site will be done within (3) working days of submitting your application. We reserve the right to request for additional information from You to enable us to process your application.
It is your sole responsibility to familiarize yourself with the operating procedures for the site as will be provided by Kuza upon your registration to access and use the site. Kuza will not be liable for any losses incurred as a result of your errors of commission and/or omission while using the site.
You agree and undertake to be bound by and to comply with all of the procedures for access and use of the site as may be issued by Kuza from time to time. We shall not be bound by or obliged to take any action on any instructions which do not properly comply with such procedures and Kuza may reject such non-compliant instructions.
We shall provide you with a Username and Password (“Credentials”) for your access to the site. You hereby agree to keep your credentials secret and not to disclose them to any third party. You shall take all reasonable care to prevent unauthorized or fraudulent use of the site using your credentials. We will not be held liable for any losses arising from the unauthorized use of your credentials.
You agree that you shall notify us immediately should you suspect or become aware that your credentials have been compromised, through our client service team.
This site is available to individuals holding individual customer accounts and will be operated according to the account mandates held by us.
Use of this Site
You agree that you shall not misuse this site (including, without limitation, by hacking).
We may in our sole discretion terminate your access to or use of the site for any reason, including without limitation where we believe that you have not acted in accordance with these terms and conditions.
This site is designed to be accessed from our homepage. Accessing a specific page within this site via a hypertext link may mean that you do not see important information about this site or the conditions for its use.
While we will endeavor to ensure that the site is available 24 hours a day, we shall not be liable if for any reason the site is unavailable at any time or for any period. Also, your access to the site may be suspended temporarily or restricted without notice to allow for repairs, maintenance, or the introduction of new products, services, or reasons beyond our control.
Kuza reserves the right to enhance the site at any time without notice to you. It is your responsibility to keep updated with these enhancements. We will make all reasonable efforts to notify you of any changes or updates.
The entire design and content of the site are the copyright of Kuza Asset Management Limited, the Kuza logo and Kuza name are registered trademarks of Kuza Asset Management Limited. All trademarks, brand names, logos, and designs used on this Site are our intellectual property and we remain exclusively entitled to all rights and interests relating to such intellectual property.
You may not download (all or in part), transmit, reproduce, distribute or modify this site without our prior written permission. However, you may print out part or these entire sites for your personal use.
Third-Party Products and Services
Where we provide hypertext links to third-party internet websites, such links are provided for your information and convenience and the inclusion of any link is not an endorsement by us in any way of any products or services in such websites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use, or availability of such websites or any loss or damage, however arising, suffered as a result of their use. We have not verified the truth or accuracy of any content of such websites.
This site may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
No third party is permitted to link any other website to this site without obtaining our prior written consent.
Nothing on the site should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or engage in any other transactions or provide any financial advice.
Although we have taken all reasonable care to ensure that the information provided on the site is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, with regard to the accuracy, timeliness, reliability, or completeness of any such information.
Opinions and any other contents on this site are provided by us for your personal use and informational purposes only and are subject to change without notice. If you are in any doubt as to the validity of information made available within these pages then feel free to check this with us.
Nothing contained on this site constitutes investment, legal, tax, or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
Indemnity and Exclusion of Liability
You agree to indemnify and absolve us against any lawsuits, losses, charges, damages, liabilities, expenses (including legal fees), fees, or claims (including claims by third parties) that we may suffer, incur or that may otherwise result as a consequence of your breach of these terms and conditions or as a result of any reliance by us on any instructions or information issued by yourself or purported to be issued by yourself and/or on your behalf.
To the maximum extent permitted by law, we will accept no liability in any event including (without limitation) for negligence, and/or for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses that may result to you or a third party arising out of, or in connection with;
Your use or inability to use the site, or
your downloading of any material from the site or
any error, omission, defect, computer virus (including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data, or other property, or system failure), loss of any profit, goodwill, or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in, or linking to other sites from the site or the material on such websites;
Any action based on the content of this site or any use or application of the same or any error or omission relating to the transmission of the content of this site.
Kuza shall not be held liable for the quality of service, or any interruptions, malfunctions, or disruptions from your internet service provider, telecommunications provider, or any other third party. We do not exclude our duties or liabilities under Capital Markets Authority Guidelines for the conduct of business.
Discontinuation of the Service
We reserve the right to modify, suspend or discontinue, temporarily or permanently, this Site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of this site.
It may be necessary for us to transfer, process, and store data (including personal information) received through the site. YOU HEREBY ACKNOWLEDGE AND CONSENT to Our (a) transfer, storage, and processing of such data; and (b) use of such data for our internal purposes, for the performance of these terms and conditions, and as allowed or required by law.
You acknowledge and agree that we do not monitor and shall have no liability or responsibility for the content of any information transmitted via the site.
For purposes of this clause 13, a “Force Majeure Event” means any unforeseeable and exceptional situation or event beyond a party’s control which prevents them from performing any of their obligations under these terms and conditions, and which was not due to error or negligence on their part and could not have been avoided by the exercise of due diligence.
Neither party shall be liable for any delay or non-performance of their obligations under these terms and conditions due to a Force Majeure Event. The party claiming relief under this clause shall exercise commercially reasonable efforts to minimize the time for any such delay. If a Force Majeure Event persists beyond thirty (30) days, the parties hereby agree to meet and discuss an equitable solution taking into account the nature of the obligation involved, the likelihood of a workaround solution, and the extent to which the affected party is or shall be adversely affected. If a Force Majeure Event persists beyond ninety (90) days, then we shall terminate the Service immediately.
Severability:In the event, any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such offending provision(s) shall be stricken and the remainder of the Terms and Conditions shall remain legal, valid and binding.
Waiver:The failure by You or Us to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement of any such or other rights on any later occasion.
Assignment:You may not assign any right or obligation that may arise under these terms and conditions without Our consent. We may assign the terms and conditions without your prior written consent but you shall be notified of the assignment.
Notice:Any notice or communication required to be given hereunder may be delivered by hand or email (with confirmation of delivery) at an address communicated by either party by notice in writing.
Partnership/Agency:No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
Entire Understanding:These Terms and Conditions constitute the entire understanding between You and Us. All prior written or oral agreements, understandings, communications, or practices between You and Us are hereby superseded insofar as they relate to the Service.
Governing Law and Dispute Resolution:These Terms and Conditions shall be governed by the Laws of Kenya. You may contact Us through our customer care contacts provided on our Website to report any disputes, claims, or discrepancies relating to the Service. Any dispute regarding the Service that is not resolved by our customer care representatives shall be forwarded to Our senior officers. If the dispute is not resolved within thirty days of such notification, You or We may refer the dispute to arbitration under the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act 1995.
Lets Work Together
Our lives are being transformed by a technological revolution that is affecting all facets of our lives, including the fabric of our society.