These Terms and Conditions were last updated on 6th of February 2017.
These general Terms and Conditions apply to the websites (which we will refer to as “the Site”) of the Omniscience companies (collectively “Omniscience,” “we,” “us” and “our”), which include Omniscience Kenya (particularly its website Omniscience.com). Some specific Omniscience websites have particular Terms and Conditions which are relevant to their services. Omniscience reserves the right at its sole discretion to change, modify or add to these Terms and Conditions without prior notice to you.
Please read these Terms and Conditions carefully as your use of the Site is subject to them. Omniscience reserves the right at its sole discretion to change, modify or add to these Terms and Conditions without prior notice to you. By continuing to use the Site you agree to be bound by such amended terms
1. WHAT YOU ARE ALLOWED TO DO
Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited licence to do the following:
(a) The Content may be used by you as a licensee solely for your personal purposes. No right, title or interest in any Content is transferred to you, directly or indirectly and whether as a result of downloading such Content or otherwise;
(b) browse the Site and view the information on it for private, non-commercial use only;
(c) print off pages from the Site to the extent reasonably necessary for your use of the Site in accordance with the above.
2. WHAT YOU ARE NOT ALLOWED TO DO
Subject to these Terms and Conditions, you may not:
(a) systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Site;
(b) remove, change or obscure in any way anything on the Site or otherwise use any material contained on the Site except as set out in these Terms and Conditions;
(c)connect “deep links” to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site without prior written permission of Omniscience.
(d) reproduce, retransmit, disseminate, sell, publish, broadcast the Site or any portion of it, or use the Site or anything available on it in connection with creating, promoting, trading or marketing investment products without our express written consent; or
(e) use the Site for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the Site or any information taken or derived from it.
3. NO INVESTMENT ADVICE
You acknowledge that:
(a) we do not provide investment advice in any manner, and nothing on the Site constitutes investment advice or any advisory services and that you will not treat any of the Site’s content as such;
(b) we do not recommend any financial product;
(c) we do not recommend that any financial product should be bought, sold or held by you; (d) nothing on the Site should be construed as an offer, nor the solicitation of an offer, to buy or sell securities by us; and
(e) information which may be referred to on the Site from time to time may not be suitable for you and that you should not make any investment decision without consulting a fully qualified financial adviser.
(f) Any action taken by you based on the information or data provided in the Site shall be at your sole judgment and own investment risks or risks otherwise.
The Site is directed at users located in the Republic of Kenya.
(a) Omniscience may deny or block access to the Site whether wholly or partly, any time without requiring to give any notice or requiring to show any reason for such denial or blockage.
(b)The information provided on the Site are not intended for distribution or use by an person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Omniscience to any registration requirement within such jurisdiction.
(c)Omniscience may also suspend the operation of the Site at any time without notice.
5. YOUR PERSONAL INFORMATION
6. COPYRIGHT AND TRADEMARKS
6.1 All copyright and other intellectual property rights in any material (including, without limitation, text, photographs and other images and sound) contained in the Site are either owned by us or our third-party content providers. You are only allowed to use the Site and the material contained in the Site as set out in these Terms and Conditions.
6.2 The Site contains certain trademarks. All trademarks included on the Site are the property of Omniscience or its content providers. You are not allowed to copy or otherwise use any of these trademarks in any way except as set out in these Terms and Conditions.
7. USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. Omniscience is not responsible or in any manner liable for the conduct, misconduct, action or inaction of any user. Omniscience reserves the right, but has no obligation, to monitor or become involved (without any prior notice) in disputes between you and other users or between different users in the event of any possibility of the interests of Omniscience being prejudiced.
8. NO HARMFUL, ILLEGAL OR PROHIBITED USE:
8.1 As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by the terms and conditions or is otherwise illegal or harmful to others or is prohibited by law.
8.2 You are not authorised to use the contents of this Site and/or the Linked Website in any manner that could damage, disable, overburden, or impair this Site (or the network(s) connected to this Site) or interfere with any other party’s use and enjoyment of this Site.
8.3 You are not authorised to and you shall not post or otherwise publish on this Site any material that is threatening, libellous, defamatory, or obscene; would constitute, or encourage conduct that would constitute a criminal offense, or give rise to civil liability, or otherwise violate law or legal harmony; infringe the intellectual property, privacy, or other rights of any third parties; contain a computer virus or other destructive element; contain advertising; constitute or contain false or misleading statements, or contain racial, political, religious or race, politics or religion related issues or statements or statements or views which are racially, politically or religiously motivated.
8.4 You shall not aid, abet or attempt, whether directly or indirectly, to gain unauthorized access to this Site, other accounts, computer systems or networks connected to Omniscience, through hacking, password mining or any other means. You shall not aid, abet, obtain or attempt to obtain any content through any means not intentionally made available through this Site.
8.5 You shall not fail to comply with the applicable laws, statutes or regulations that apply to your access or use of the Site or any information taken or derived from it.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 We do not exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not by applicable law be excluded or limited.
9.2 Subject to the above clause, in no event shall Omniscience or its content providers (collectively, the “Omniscience Parties”) be liable (whether for breach of contract, negligence or for any other reason) for
(i) any loss of profits,
(ii) exemplary or special damages,
(iii) loss of sales,
(iv) loss of revenue,
(v) loss of goodwill,
(vi) loss of any software or data,
(vii) loss of bargain,
(viii) loss of opportunity,
(ix) loss of use of computer equipment, software or data,
(x) loss of or waste of management or other staff time, or
(xi) for any indirect, consequential or special loss, however arising.
10.1 Your use of this Site is at your own risk and responsibility. The Services are provided bonafide on an “as is” and “as available” basis. Omniscience assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
10.2 Omniscience is not in a position to exercise control over the security or content of information passing over the Internet, and Omniscience hereby excludes all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature. Omniscience accepts no liability for loss or damage suffered by you as a result of accessing Site content which might have been infected with viruses or malwares or which might have been maliciously corrupted. You will be solely responsible for any damage to your computer system or any other system used or loss of data that results from the download of any content. You are consciously acknowledging and accepting the usual and typical risks of using the Internet.
10.3 Information contained on the Site is not tailor-made for any specific individual or tailored for your individual situation and, as a result, such information may be unsuitable for you and your investment related decisions. The information may not also be tax-friendly to all the users. You should consult a financial adviser before making any investment decision. Omniscience expressly disclaims all warranties of any kind, whether express or implied. Specifically, Omniscience makes no warranty that:
(i) this Site or any Services will meet your requirements or be beneficial to you,
(ii) any user access will be uninterrupted, timely, secure or error-free,
(iii) the quality of any content or Services, information or other material obtained by any user will meet his or her expectations, and
(iv) any errors in the software, if any, will be corrected.
10.4 We may change the format and content of the Site at our sole discretion at any time without notice. You should refresh your browser each time you visit the Site so that you may access the most up-to-date version of the Site and any information appearing on it.
10.5 Omniscience (including its subsidiaries, officers, directors, employees or suppliers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, losses of whatsoever in nature, costs or consequences including but not limited to damages for loss of profits, goodwill, opportunity, use, data or other intangible, consequential or special losses, whatsoever and howsoever arising out of or resulting from your user or inability to use this Site.
10.6 Nothing herein shall be deemed to create any agency, partnership, joint-venture, employee-employer or franchisor-franchisee or any other mutual relationship of any kind between Omniscience and any user or other person or entity nor do these terms and conditions can be assigned or extend rights to any third party.
10.7 By accessing or using the site, you represent and warrant that your activities are lawful in every jurisdiction wherever you access or use the Site.
11. AVAILABILITY AND UPDATING OF THE SITE
11.1 We may suspend the operation of the Site at any time without notice. We do not warrant that access to or use of the Site or of any sites or pages linked to it will be uninterrupted or error free.
11.2 We may change the format and content of the Site at our sole discretion at any time without notice. You should refresh your browser each time you visit the Site to ensure that you access the most up-to-date version of the Site and any information appearing on it.
12. ENQUIRIES OR COMPLAINTS If you have any enquiries or complaints about the Site then please address them (within 30 (thirty) days of such enquiry or complaint first arising) to: email@example.com
13. GENERAL AND GOVERNING LAW
13.1 These terms and conditions and the interpretation of these terms and conditions will be governed by and construed in accordance with the substantive laws of the Republic of Kenya.
13.2 Any dispute, differences, disagreement or controversy of whatever nature and howsoever arising; under, or out of, or in relation to, or connected with these terms or the Private Policies appended hereinafter or the Services or anything connected with the Services, between you and/or any user and/or Omniscience (hereinafter collectively or separately referred to as “Dispute”) shall, at the first instance be attempted to be resolved by the parties amicably.
13.3 Any Dispute which is not resolved amicably between the parties within a period of 30 days, may be referred by either party, to London Court of International Arbitration (LCIA) having its seat at Nairobi, Kenya. It is agreed that the arbitration shall be administered by LCIA Kenya, and shall be conducted in accordance with the LCIA Kenya Rules or such amended rules as LCIA Kenya and the Court of the LCIA may have adopted to take effect before the commencement of the arbitration. The award that may be published by LCIA shall be final and binding upon the parties. The costs of LCIA shall be shared by the parties equally; and each party shall pay and bear its own costs of the proceeding, subject to final award.
13.4 Subject to aforesaid, only the Civil Court situated at Nairobi, in Kenya, shall have sole jurisdiction upon all Dispute in exclusion of all other jurisdictions. You do hereby specifically give your consent to be subject to the exclusive jurisdiction of the Civil Court at Nairobi.