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Ndovu Terms & Conditions

Last update: 28 July 2021

These Terms of Use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the website www.ndovu.co or the Android/iOS mobile application ‘Ndovu’ operated and managed by Ndovu Wealth, its affiliates and its group entities, together referred to as “Company” or “We”, “Our” or “Us”, collectively referred to as, “the Platform”.

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Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material or information through it. The Company retains an unconditional right to modify or amend the Terms of Use without any requirement to notify You of the same. You can determine when this document was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to the changes and the agreement to be legally bound by the same.

Platform services

You acknowledge that the Platform is an online channel that allows You to access services directly from the Company and also facilitates communication with You regarding such services. The Company hereby grants You a limited, non-exclusive, non-transferable, royalty free license to use the Platform for investment purposes (the “Platform Services”). The Company’s duties include:

  • To avail the Platform to facilitate subscription and redemption of unit trusts and Exchange Traded Funds (“ETFs”), by transmitting money and instructions to the relevant fund management company (“FMCs”), as per Your instructions;

  • To maintain a record of Your personal information and financial transactions in a secure and confidential manner; and

  • To promptly and efficiently respond to Your queries relating to Your Account.

 

The Company is a Capital Markets Authority – Kenya licensed investment advisor. It is hereby clarified that the Company is not rendering the services of a collective investment scheme or a stockbroker and is merely providing a platform to Users to facilitate the transaction into and out of unit trusts and ETFs. If You buy a regular unit trust/ETF on the Platform, the Company may receive compensation from the FMC. Please note that the Company only facilitates the sale of unit trusts/ETFs and will not be liable in any manner with respect to the amounts allotted to You by the FMC.

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The Company does not, and is not obliged to, offer all unit trust/ETF schemes for investment or, as the case may be, all kinds of investment advisory services. By limiting the number of schemes on the Platform, the Company does not make any representation as to the quality, bona fides or nature of any FMC or any other representation, warranty or guaranty, express or implied in respect of such unit trust/ETF schemes. You hereby agree and acknowledge that You shall be solely responsible for any investment decisions and for the purchase of any unit trusts/ETFs on the Platform. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform.

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As part of the Platform Services provided to You, after utilising such services, You agree to provide honest feedback/review about the concerned service, if required by the Company. In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the Company’s customer service prior to pursuing any other recourse. The complaints can be lodged at support@ndovu.co and upon lodging a complaint, You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same.

Ndovu wealth services

  • Use of the Platform for facilitating subscription and redemption of unit trusts and Exchange Traded Funds (“ETFs”), by transmitting money and instructions to the relevant fund management company (“FMCs”), as per Your instructions;

  • Maintain a record of Your personal information and financial transactions in a secure and confidential manner;

  • Promptly and efficiently respond to your queries relating to Your Account.

 

Waanzilishi is a Capital Markets Authority – Kenya licensed investment advisor. It is hereby clarified that the Company is not rendering the services of collective investment schemes or stockbrokers, and it is merely providing a platform to its users to facilitate the transaction of investment in unit trusts and ETFs. If You buy a regular unit trust on the Platform, Waanzilishi receives commissions from FMCs, details of which have been provided on the Platform. Please note that Waanzilishi only facilitates the sale of unit trusts/ETFs through the Platform and will not be liable in any manner with respect to the units allotted to You by the AMC.

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Waanzilishi does not, and is not obliged to, offer all unit trust/ETF schemes for investment or as the case may be, all kind of investment advisory services. By limiting the number of schemes on the Platform, neither the Company nor Waanzilishi makes any representation as to the quality, bona fides or nature of any FMC or any other representation, warranty or guaranty, express or implied in respect of such unit trust/ETF schemes. You hereby agree and acknowledge that You shall be solely responsible for any investment decisions and for the purchase of any unit trusts/ETFs on the Platform. In no event shall the Company and/or Waanzilishi be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform.

 

As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company, Waanzilishi. In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company and/or Waanzilishi, as may be applicable, prior to pursuing any other recourse. The complaints can be lodged at support@ndovu.co and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company and/ or Waanzilishi, as may be applicable, on the complaints shall be final and You agree to be bound by the same.

Use of the platform

Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only:

  • for purposes that are permitted by the Terms of Use; and

  • in accordance with any applicable law, regulation or generally accepted practices or guidelines.

 

You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use.

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You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

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Further, You undertake to not:

  • defame, abuse, harass, threaten or otherwise violate the legal rights of others;

  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

  • copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company;

  • conduct or forward surveys, contests, pyramid schemes or chain letters;

  • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;

  • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

  • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;

  • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

  • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

  • collect or store data about other Users in connection with the prohibited conduct and activities;

  • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

  • use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

  • violate the Terms of Use contained herein or elsewhere; and

  • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

Intellectual property rights

The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.

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Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.

Disclaimer of warranties, indemnification and limitation of liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:

  • the Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free;

  • the results that may be obtained from the use of the Platform will be effective, accurate or reliable;

  • any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms of Use.

 

The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.

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The Company and its affiliates have endeavoured to ensure that all the information on the Platform is correct, but the Company and/ or its affiliates neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

 

You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.

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Please note that not all the Platform Services are available in all geographical areas and depending on Your location, You may not be eligible to use certain Platform Services offered by the Company. The Company reserves the absolute right to determine the availability and eligibility for any of the services offered on the Platform.

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The Company is not responsible for the availability of content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third party sites, before accessing or registering with any of such third party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.

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The Company shall not be liable for failure or error of any transaction on the Platform or for any failure to perform any of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case, its obligations under these Terms of Use shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, pandemics, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

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Further, You will not dispute or hold the Company responsible for:

  • any act that is not an obligation under the Terms of Use;

  • any disclosures made by the Company to any statutory body under any law;

  • any loss, notional or otherwise, incurred by You due to delays either at the bank, mobile network operator, payment service provider and/or the FMC;

  • rejection of Your instructions by the bank, mobile network operator, payment service provider and/or the FMC; and

  • processing of instructions authenticated by Your login credentials, non-availability or non-accessibility of the Platform, telephone(s), or office(s) of the Company in case of circumstances beyond the Company’s control.

 

You agree to indemnify the Company, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws.

 

You warrant that all the details and information provided by You to the Company while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third – party rights or the intellectual property right of any third party.

 

You hereby further acknowledge and agree that You may create a pool or selection of unit trusts/ETFs (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of Your own analysis).

 

Further, You shall be solely responsible for any investment decision taken on the basis of the Portfolio created using this Platform or the system generated analysis of such a Portfolio; and the Company shall not be liable for any loss or damage caused to You or any other users of this Platform due to such an investment decision, or any kind of reliance upon it. The Company specifically and expressly disclaims the accuracy and correctness of the analysis or data generated or reflected while creating such a Portfolio.

Eligibility of use

By accepting the Terms of Use, You hereby represent that:

  • You are of 18 (eighteen) years of age or older and in case of You are acting as guardian on behalf of a minor, You have the necessary authority to register/sign up on the Platform for the availing the Services on behalf of the minor;

  • You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended or removed by the Company for any reason whatsoever shall not been entitled to avail the Platform Services; and

  • You agree to abide by the Terms of Use and any other information provided by You on and through the Platform for the provision of the Platform Services;

  • the money You invest is from Your bank/mobile money/credit card/loyalty account (primary holder’s account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved payment channels;

  • You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform;

  • You agree to make an informed independent investment decision by reading the offer documents of the unit trust/ETF schemes that You are investing in; and

  • Before investing, You shall seek legal, accounting, tax or other professional advice, if required.

User account, password and security

In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to full name, mobile number, name of next of kin, email address, password, date of birth, Tax PIN, photograph and other information as may be required by the Company from time to time. Your Account will be activated once the Company undertakes Your KYC verification in accordance with the Know Your Client (“KYC”) guidelines issued by the Capital Markets Authority – Kenya (“CMA”) based on the information provided by You including personal information.

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We may also ask You for certain financial information, including Your residential address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask You to provide certain additional information about Yourself on a case-to-case basis. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

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You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

Violation of the terms of use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and termination

The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to

  • close Your Account on the Platform; or

  • stop accessing the Platform.

 

In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.

 

The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transaction details may be preserved by the Company for purposes of tax or regulatory compliance.

 

The Company may modify these terms at any time.

Refund policy

The transactions on the Platform with respect to the Platform Services will be completed only after successful transfer of money from Your registered bank account to the relevant FMC. Please note that the unit trust and the ETFs will be credited to Your Account within 3 (three) days from the date of successful transfer of such amount. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by You. With respect to withdrawal, the divested amount will be paid back to the original source of funds.

Governing laws

The Terms of Use shall be governed and construed in accordance with the laws of the Republic of Kenya without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of the High Court of Kenya.

Investment caution

Investments in the securities market are subject to market risks. Please read all fund-related documents carefully, before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer to a collective term for the fund factsheet and prospectus as issued by the Fund Management Company.

Report abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@ndovu.co.

Communications

You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp fYou hereby expressly agree to receive communication (including transactional messages) either by way of SMS, E-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting support@ndovu.co.

Whatsapp groups

The Company reserves a right to create any WhatsApp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions:

 

You shall not:

  • use the Groups for circulating, uploading, transmitting, or otherwise making available any information, data or content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

  • stalk, harass, threaten or harm another user using the Groups;

  • engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential or personal information in violation of a confidentiality, employment, or nondisclosure agreement and/or privacy norm to which you are subject to;

  • post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements;

  • upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

  • interfere with or disrupt the Group services;

  • plan or engage in any illegal activity using the Groups;

  • circulate or post any jokes and poems;

  • circulate or post any religious or politically oriented views or comments; and

  • pretend to be anyone, or any entity, You are not i.e. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, another participant of the Groups, an employee or official or representative of the Company;

 

The Group Admin reserves the right at all times to determine, in its sole discretion, whether the content posted on the Group is appropriate and in compliance with these Terms of Use. The Group Admin further reserves the rights to remove any participant/member from the Group if it finds You or any participant/member to have circulated/posted any content which is objectionable or improper for the Groups or its participants and/or deemed to have violated the Terms of Use or for any reason whatsoever. The participants shall not challenge or question such removal by the Group Admin or declaration of any content as inappropriate or not compliant with the Terms of Use. The participant hereby agrees and acknowledges that any of such actions by the Groups Admin shall not be construed as defamatory by the participant or You. This Group shall be used only for communication and group chat in relation to financial investments, and financial products.

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The views or comments posted herein by any participant (including any recommendation for investment and/or divestment in any financial products including unit trusts/ETFs) shall be the views and comments of that participant only and shall not be construed to be the views or comments of the Group Admin or the Company or that such view/comments are endorsed by the Group Admin or the Company.

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The participant agrees and acknowledges that views/comments/suggestions by any other participants in the Groups shall be subject to verification by the participant reading/relying upon such views/comment/suggestion including view/comments/suggestion with respect to any financial product or class of financial products and financial market conditions. The participant agrees and acknowledges that the investments in unit trusts/ETFs or any other financial products are subject to market risks (including possible loss of the principal amount invested), and the participant shall read all investment/scheme-related documents carefully and make its own assessment before making any investment/divestment decision.

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You agree to defend, indemnify and hold the Group Admin, the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party or any other participant in the Groups, relating to or arising from:

  • any content You submit, post, transmit, or otherwise make available in and through the Groups;

  • Your use of the Groups; or

  • any violation by You of the Terms of Use.

 

This obligation shall survive the termination or expiration of these Terms of Use or termination of your usage of the Groups by You and due to Your removal by the Group Admin.

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You agree and acknowledge that Your personal information including your mobile number disclosed in the Groups may be used by the participants or the Groups Admin or the Company to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consent that such communications via SMS/text messaging services and/ or voice call by any other participant, Group Admin is: (a) upon the request and/or authorization by you, (b) ‘transactional’ and not an ‘unsolicited marketing messages’ under applicable laws including under the guidelines issued by the Communications Authority (“CA”) and (c) in compliance with the relevant guidelines of CA or such other authority in Kenya and abroad. You shall indemnify the Group Admin or the Company against all types of losses and damages incurred by it or its affiliates, ,subsidiaries, directors, officers, employees, agents, partners and licensors due to any action taken by CA, communication service providers (as per CA regulations) or any other authority due to any erroneous complaint raised by you or anyone on the Group Admin and/or the Company or its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors with respect to the intimations mentioned above or due to a wrong number or other contact details provided by you for any reason whatsoever.

Posts

The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to unit trusts, ETFs and stocks. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and You are required to read the documents carefully before investing in any unit trusts/ETFs and/ or stocks. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be offensive and will be in accordance with applicable laws. All material added, created, submitted, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

General provisions

  • Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@ndovu.co with subject line – Attention: TERMS OF USE.

  • Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

  • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP infringement

If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at support@ndovu.co These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

  • the intellectual property that You believe is being infringed;

  • the item that You think is infringing and include sufficient information about where the material is located on the Platform;

  • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

  • Your contact details, such as Your address, telephone number, and/or email;

  • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

  • Your physical or electronic signature.

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