SecuritiesPesa|Investment and Financial Consultancy

TERMS OF USE

The terms and conditions (hereinafter collectively referred to as, the "Terms of Service") set out herein shall be a legally binding Agreement between SecuritiesPesa Limited., a company incorporated under the Companies Act, 2015, having its registered office in the Republic of Kenya, (hereinafter interchangeably referred to as, "We" or "Us" or "Our" or the "Company" or "SecuritiesPesa"), and you (hereinafter referred to as, "You" or "Your"), as the Registered Investment and Financial Advisors (defined below) or Registered Consultants or User / Registered User (defined below) on the Platform (defined below) and/or the services offered through the Platform. The Platform is developed and maintained by the Company.

The Terms of Service shall govern your use of the Platform and its services offered through the Platform, therefore, please read and understand the Terms of Service before you access the services, view, download, install or Register with or use the Platform. If you are not agreeable to this Terms of Service, then you shall not access, view, download or install the Platform, or use the Platform or the services offered through the Platform, and if you are accessing, installing, using, or viewing the Platform, then you shall delete the account and desist from such accessing, using, installing or viewing the Platform.

By accessing, viewing, downloading, installing, and/or using the Platform or the services offered through the Platform, you voluntarily and unconditionally accept to and agree to be bound by the Terms of Service and the Privacy Policy (defined below).

DEFINITION

1. "Financial and Investment Advisors or Consultants" shall mean any person who possesses recognized qualification, under Applicable Law in the jurisdiction of such person’s practice, for practice of Financial and Investment Advisory and who has been (where applicable) enrolled in the register of the respective statutory regulatory Institute, or Council, as may be applicable, viz., or Register of the Institute of Financial and Investment Advisors (ICIFA) or any such Council, Board or any other statutory body recognized under the Applicable Law in the jurisdiction of such person’s practice.
2. "Applicable Law" means all applicable: statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines or policies of the jurisdictions in which the Company, the Registered Financial and Investment Advisor and/or the clients are located and/or carry on any business or activities, administrative interpretation, directions, directives, judgement, arbitral award, decree, orders or Governmental Approvals of, or agreements with, any Governmental Authority and international treaties, conventions and protocols; as may be in force from time to time;
3. "Platform" shall mean the website available at the URL www.securitiespesa.com, the mobile Applications by name "SecuritiesPesa Financial and Investment Advisor Wangu", together with all periodic updates thereon developed by the Company, as may be downloaded from Google PlayStore or Apple AppStore or such other permitted/authorized Application store, and on WhatsApp via mobile number +254 020 2100058.
4. "Platform Fee" shall mean the fee paid by a Registered Consultant to the Company for using the services of the Platform to offer Registered Financial and Investment Advisory as the case may be.
5. "Privacy Policy" shall mean the privacy policy for the Platform, as may be updated from time to time by the Company.
6. "Professional Fee" shall mean the consideration paid to a Registered Financial and Investment Advisor either by the Company or a User, as the case may be, in respect of certain Consultancy Professional Services as the case may be, offered through the Platform.
7. "Registered Investment and Financial Advisor" shall mean any Advisor or Consultant registered on the Platform, and consulting or attending to a User, through the Platform, with the use of login credentials generated through the Platform.
8. "Registered Consultant Information" shall mean and include any information described under Section 8.11 of this Terms of Service, submitted by the Registered Consultant through the use of the Platform.
9. "Registered Consultant Services" shall mean any and/or all services made available to a Registered Financial and Investment Analyst / Consultant through the Platform, as more elaborately defined under Section 2 herein below.
10. "Registered User" shall mean any User registered on the Platform, and has been provided with valid login credentials, and does not include a Registered Consultant.
11. "Registered User Services" shall mean any and/or all services made available to a Registered User, as the case may be, through the Platform, as more elaborately defined under Section 9 herein below.
12. “Financial and Investment Guidelines" shall mean Practice Guidelines issued by relevant Authority in respect to provision of Financial and Investment Advisory in respect of the technology supported services provided by Registered Investment and Financial Advisory Professional.
13. "User" shall mean any person who uses the Platform or causes the use of the Platform on their behalf other than a Consultant as may be made available through the Platform and includes a Registered User.
14. "User Information" shall mean and include any information described under Section 13.1 of this Terms of Service, submitted by the User through the use of the Platform.
15. "User Services" shall mean any and/or all services made available to a User, as the case may be, through the Platform, as more elaborately defined under Section 12 herein below.

PART - A

REGISTERED CONSULTANTS SERVICES

The Platform offers the following services to a Registered Consultant:

1. Enable the providing of Investment and Financial Analysis and advisory consultation to a Registered User and offer finance or investment opinion through messaging, phone call, and video-conferencing, on the Platform.
2. Enable the provision of financial and investment analysis and advisory to a Registered User as stipulated under Section 12 herein below.
3. Enable access to Financial or Investment information of a Registered User, as may be provided by such Registered User, to the Consultant.
4. Answering paid Financial or Investment Advisory query as may be posted by a Registered User and assigned to the Consultant.
5. Answering free Financial or Investment query as may be posted by a Registered User and assigned to the Registered Consultant.
6. Publishing academic article on the Platform as stipulated under Section 4 herein below.
7. Onboarding their existing offline User as a Registered User on the Platform for offering User Services, as stipulated under Section 11 herein below.
8. Discussion forums for enabling academic discussion and knowledge sharing between the Registered User as stipulated under Section 6 herein below.
9. Managing and scheduling an appointment for consultation on the Platform.
10. Directory Listing Services: listing of the Registered Financial and Investment Consultant and their information on the Platform.

PRESCRIBING INFORMATION TO USER
1. Registered Financial and Investment Analyst/Consultant may prescribe Information, in the format as may be prescribed by the Platform, to a Registered User, through the Platform.
2. Registered Financial and Investment Analyst / Consultant duly registered or licensed to practice in a particular jurisdiction or country shall not prescribe Information to a Registered User residing in another jurisdiction or country.
3. Registered Financial and Investment Analyst / Consultant duly registered or licensed to practice in a particular jurisdiction or country shall adhere to Applicable Law in such jurisdiction while prescribing Information test to a Registered User residing in such jurisdiction or country.
4. Registered Financial and Investment Analyst / Consultant licensed to practice in Kenya:
  1. shall adhere to and be guided by the applicable Practice Guideline and other Applicable Laws for prescribing Information to a Registered User residing in Kenya.
  2. may prescribe Information listed under Practice Guideline to a Registered User through any form of consultation, on the Platform.
  3. may prescribe Information applicable Practice Guideline to a Registered User for the first time only through consultation by video-conferencing, on the Platform, and may prescribe re-fill of such Information to the same Registered User through any form of consultation, on the Platform.
  4. shall not prescribe any Information listed under the Prohibited List of the applicable Information Practice Guideline to a Registered User through the Platform.
ACADEMIC ARTICLES
1. A Registered Financial and Investment Analyst / Consultant, as the case may be, may write and publish – subject to the editorial decision of the Platform, academic article relating to investment, financial, economic or other similar areas, on the Platform.
2. A Registered Financial and Investment Analyst/Consultant, may propose to publish an academic article shall submit such article to the editorial team of the Platform, through the Platform, for review.
3. An academic article submitted by a Registered Financial and Investment Analyst / Consultant, as the case may be, under Section 4 hereinabove may be, during such review, suitably edited to meet the editorial standards of the Platform.
4. An academic article submitted by a Registered Financial and Investment Analyst / Consultant through the Platform, may be accepted or rejected by the Platform.
5. A Registered Financial and Investment Analyst / Consultant may be eligible for a Professional Fee for publishing an academic article only after such academic article has been approved by the editorial team and been published on the Platform, in terms of the fees schedule as fixed by the company from time-to-time, as may be communicated to the Registered Financial and Investment Analyst / Consultant.
6. Academic articles written by Financial and Investment Analyst / Consultant, and approved by the editorial team, may be published on the Platform.
ONBOARDING AN OFFLINE EXISTING USER
1. A Registered Financial and Investment Analyst / Consultant, shall take all the necessary consent and approval from an existing offline User for seeking to onboarding such User as a Registered User on the Platform.
2. A Registered Financial and Investment Analyst / Consultant shall provide the name, email address, telephone number, and such other information as may be required, of the existing offline User for seeking to onboard them as a Registered User.
3. On receipt of the necessary information as stipulated under Section 11.1 herein below, the Platform may send an email invitation for such existing offline User to be registered as a Registered User on the Platform, and such registration shall follow the procedure for User Registration as stipulated Section 10 herein below.
4. A User on completing the process of registration, as stipulated under Section 7.3 hereinabove, shall be a Registered User on the Platform and shall have access to all the Registered User Services.
DISCUSSION FORUM
1. A Registered Financial and Investment Analyst / Consultant may post content such as comments or such other permitted reaction(s) in the discussion forum for discussions on the financial, investment, economics and other related issues amongst the Consultants as the case may be.
2. A Registered Financial and Investment Analyst / Consultant shall not post any confidential information or User identifiable information pertaining to any Registered User or other User in the discussion forum.
3. A Registered Financial and Investment Analyst / Consultant shall obtain necessary approval, if any required under Applicable Law or pursuant to any covenant binding such Registered Financial and Investment Analyst / Consultant for posting any post or engaging in the discussion in the discussion forum, on the Platform.
4. The Platform may moderate content and/or participation in the discussion forum.
FINANCIAL AND INVESTMENT ANALYST / CONSULTANT REGISTRATION
1. A Financial and Investment Analyst / Consultant on the Platform shall:
  1. submit an application form, as may be provided by the Platform; and
  2. provide educational documents, credentials, and other information as may be sought for by the Platform;
  3. answer academic questions, provided by the Platform; and
  4. satisfactorily meet such other requirement(s), as may be prescribed by the Platform from time to time.
2. The information provided by a Financial and Investment Analyst / Consultant under Section 8.11 herein above shall be reviewed by the Company, and in case of any such information being improper, inadequate, insufficient, or unclear, the Company may request such a Financial and Investment Analyst / Consultant to re-furnish such information, or provide such additional information, as the case may be.
3. The decision of the Company as regards registration of a Financial and Investment Analyst / Consultant shall be final and binding.
INFORMATION COLLECTED FROM FINANCIAL AND INVESTMENT ANALYST / CONSULTANT
1. For the purpose of registration with the Platform, the following information may be collected from Registered Financial and Investment Analyst / Consultant:
  1. Name, Gender, Date of birth, Age, Marital status, Address, Phone number(s), E-mail address, Password, Demographic information, Picture, Educational information, Educational documents, and License information;
  2. Any other personally identifiable information.
  3. Information about mobile network service provider and geo-positioning of the User, device, meta-data from mobile device.
2. Registered Financial and Investment Analyst / Consultant shall solely be responsible for the submission of any information, and where any incorrect, improper, incomplete or false information is submitted by the Registered Financial and Investment Analyst / Consultant collected through the Platform, the same shall render the Registered Financial and Investment Analyst / Consultant, liable for such submission of incorrect, improper, incomplete or false information.
3. Registered Financial and Investment Analyst / Consultant shall ensure that he / she provides the information through the Platform, and shall also ensure that any other person providing such information on their behalf is duly authorized in this regard.
4. Registered Financial and Investment Analyst / Consultant is solely responsible for ensuring that the information collected through the Platform are up-to date.
5. Registered Financial and Investment Analyst / Consultant may add, modify or delete the information, as may be permitted by the Platform, provided by the Registered Financial and Investment Analyst / Consultant.
6. The information provided by the Registered Financial and Investment Analyst / Consultant shall be dealt with in accordance with the Privacy Policy for the Platform, as updated from time to time by the Company.

PART - B

REGISTERED USER SERVICES
1. The Platform offers the following services to a Registered User:
  1. Consult a Registered Financial and Investment Analyst / Consultant and seek Investment and Financial opinion through query, messaging, phone call, and video-conferencing, on the Platform.
  2. Consult a Registered Financial and Investment Analyst / Consultant and seek any investment or any other related opinion through query, messaging, phone call, and video-conferencing, on the Platform.
  3. Access to anonymized financial, investment, economic or any other related queries and responses.
  4. Provide financial, Investment, economic or any other related information as the case may be for the purposes of advisory.
  5. Access financial, Investment, economic or any other related information, as may be provided by the Registered User.
  6. Access to academic article on the Platform as stipulated under Section 4 hereinabove.
  7. Schedule and manage an appointment for consultation on the Platform with a Registered Financial and Investment Analyst / Consultant.
  8. View the Registered Financial and Investment Analyst / Consultants qualification and experience as listed under the Directory Listing Services.
  9. Access and use any investment and financial tools and calculators offered through the Platform.
USER REGISTRATION
1. A User may register on the Platform by completing the requisite application form as may be prescribed by the Platform, to become a Registered User.
2. The registration of a Registered User may be revoked at any time and the access to the Platform denied by the Company, at the sole discretion of the Company, with or without cause.
INFORMATION COLLECTED FROM THE REGISTERED USER
1. Pursuant to registration with the Platform, the following Information may be collected from the Registered User:
  1. Name, Gender, Date of birth, Age, Marital status, Address, Phone number(s), E-mail address, Password, Demographic information, and Picture.
  2. Any other personally identifiable information.
  3. Information about mobile network service provider and geo-positioning of the Registered User, device, meta-data from mobile device.
2. Registered User shall be solely responsible for the submission of any information, and where any incorrect, improper, incomplete or false information is submitted by the Registered User and collected through the Platform, the same shall render the Registered User liable for such submission of incorrect, improper, incomplete or false information.
3. Registered User shall ensure that he / she provides the information through the Platform, and shall also ensure that any other person providing such information on their behalf is duly authorized in this regard.
4. Registered User is solely responsible for ensuring that the information collected through the Platform is up-to date.
5. Registered User may add, modify or delete the information provided by the Registered User under Section 9.1.1 and 9.1.2 herein above.
6. The information provided by the Registered User shall be dealt with in accordance with the Privacy Policy for the Platform, as updated from time to time by the Company.
USER SERVICES
1. The Platform offers the following services to a User:
  1. Access to anonymized Investment, Financial, economic and any other related queries and responses.
  2. Access to academic article on the Platform as stipulated under Section 4 herein above.
  3. Access and use Investment, Financial and Economic tools and calculators as offered through the Platform.
  4. View the Registered Financial and Investment Analyst / Consultant’s, qualifications and experience as listed under the Directory Listing Services.
INFORMATION COLLECTED FROM A USER
1. The following information may be collected from a User:
  1. Demographic information
  2. Any other personally identifiable information.
  3. Information about mobile network service provider and geo-positioning of a User, device, meta-data from mobile device.
2. The information collected from a User shall be dealt with in accordance with the Privacy Policy for the Platform, as updated from time to time by the Company.
PHONE, CHAT, AND VIDEO-CONFERENCE CONSULTATION
1. Registered User may schedule an appointment, on payment of a Professional Fee as may be prescribed, with a Registered Financial and Investment Analyst / Consultant, a consultation through phone, chat, or video-conference.
2. Registered User is solely responsible to ensure and maintain the confidentiality of the consultation through phone, chat, or video-conference.
3. The Platform or the Registered Financial and Investment Analyst / Consultant, may record and retain the consultation made by the Registered User through email, phone, chat, or video-conference, for legal compliance and audit purposes.
4. A Registered Financial and Investment Analyst / Consultant may decide on their availability for every type of consultation stipulated under Section 17.1 hereinabove.
5. The Registered User shall ensure that he/she uses a computer system or mobile communication device and internet connection, with appropriate configuration and speed to access the consultation services as stipulated herein.
OPINION THROUGH QUERIES
1. Registered User may seek opinion from Registered Financial and Investment Analyst / Consultant, Registered Alternative Information Practitioner, or Registered Wellness Professional by posting a query on the Platform.
2. The first query may be provided at free of cost, and the Registered User shall be charged a Professional Fee, as may be prescribed, from the second query.
3. The Platform may assign the query to a Registered Financial and Investment Analyst / Consultant at its sole discretion, for responding.
FEE / PROFESSIONAL FEE
1. Registered User may be charged a Professional Fee, as may be prescribed from time to time, for availing certain services offered through the Platform.
2. Registered Financial and Investment Analyst / Consultant, may be entitled to Professional Fee, as may be prescribed from time to time, for rendering Registered Financial and Investment Analyst / Consultant Services, as stipulated under Section 2, Section 3, or Section 4 hereinabove, as the case may be, and publishing Academic Article as stipulated under 6 hereinabove, through the Platform.
3. Professional Fee paid by a Registered User for availing a Registered User Services are non-refundable unless indicated otherwise by the Platform.
4. Third-party payment gateways are used by the Platform for facilitating payment of Professional Fee and such is governed by the terms, conditions, and policies of such payment gateway.
5. Registered Financial and Investment Analyst / Consultant, may be charged a Platform Fee, as may be prescribed from time to time, by the Company.
6. Registered User is solely responsible for payment failure caused by the payment methods, including but not limited to PayPal, Credit Cards, Debit Cards, Unified Payment Interface, and Netbanking, as may be used by such Registered User for payment of Professional Fee.
7. A Registered Financial and Investment Analyst / Consultant, may be paid a Professional Fee for the services stipulated hereinabove in terms of the fees schedule as fixed by the Company from time-to-time, as may be communicated to the Registered Financial and Investment Analyst/ Consultant.
RATINGS AND FEEDBACK
1. The Platform may provide ratings and/or feedback to a Registered Financial and Investment Analyst / Consultant, on the basis the quality of services rendered by such Registered Financial and Investment Analyst / Consultant through the Platform.

REFER A FRIEND
1. A Registered User, Registered Financial and Investment Analyst / Consultant, may refer a friend to the services of the Platform.
2. Referral shall be subject to the guidelines herein above as may be prescribed by the Company from time to time.
3. Referral under Section 10 hereinabove shall be made after obtaining the consent of such person to whom the Platform is being referred.
REFUND POLICY
1. The Company will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Registered User, Registered Financial and Investment Analyst / Consultant has a question about charges made to their account, they may contact info@securitiespesa.com. Even if the charges were made in error, the Company still has the sole discretion to credit the account or credit card account for the appropriate or corresponding amount. The Company has a zero-tolerance policy for chargebacks. Any chargeback fees, past due fees and costs will be sent to collections.
2. If the Company's collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling a consultation within 24 hours at any particular point of time will not allow refund of the applicable fee.
3. The Company shall issue a full refund after the moderation team does an internal enquiry (after any complaint) to check the quality. However the decision to refund shall be at the sole discretion of the Company.
INTELLECTUAL PROPERTY
1. All intellectual property rights in, ownership and title to, the following shall vest with the Company:
2. the Platform, the present or future modifications / upgradations thereof and standard enhancements thereto and in text, graphics, marks words, images, videos, and design.
3. the contents posted on the Platform by a User, Registered User, or Registered Financial and Investment Analyst / Consultant including the academic article posted by a Registered Financial and Investment Analyst / Consultant.
4. the contents in the Directory Listing Services.
5. The academic article published on the Platform.
6. Notwithstanding Section 25.1 hereinabove, all intellectual property rights in, ownership and title to:
  1. the Information Collected from the Registered Financial and Investment Analyst / Consultant , under Section 10 hereinabove, shall vest with such Registered Financial and Investment Analyst / Consultant as the case may be.
  2. the Information Collected from the Registered User under Section 13 hereinabove, shall vest with such Registered User.
  3. the Information Collected from a User under Section 15 hereinabove, shall vest with such User.
7. All intellectual property rights in, ownership and title to, the data-mined and anonymized information derived from the Platform shall vest with the Company.
CONTENT SCRAPING
1. No person (including a User, Financial and Investment Analyst / Consultant shall copy, transfer, download, republish, sell, duplicate, or "scrape", for commercial or any other purpose whatsoever, the contents or information made available on the Platform including Directory Listing Services, academic articles, and queries, in whole or in part, in any medium whatsoever.
LINK TO THIRD-PARTY WEBSITES OR APPLICATIONS
1. The Platform may consist/provide links to third-party websites and applications, including but not limited to payment gateways, messaging services, video-conferencing applications, and vendor services. The Platform does not have any control over the contents or services offered by such third-party websites or applications. This Terms of Services shall not govern the usage of such third-party websites or applications by a User or Registered User or Registered Financial and Investment Analyst / Consultant. Usage of such third-party websites or applications by a User or Registered User or Registered Financial and Investment Analyst / Consultant shall be governed by the terms of services and privacy policy of the respective third-party website or application.
2. In addition to Section 22. 1 hereinabove, the Platform may consist/provide links to third-party websites and/or applications for services or products being offered by such third-party. The Platform does not have any control over services or products offered by such third-party or over the contents of such third-party website(s) or application(s). Making available of these links shall not be deemed as a sale, promotion, or endorsement of such website, application, service, or product. This Terms of Services shall not govern provision or usage of such third-party services or products from such third-party websites or applications by a User or Registered User or Registered Financial and Investment Analyst/ Consultant. Provision or Usage of such services or products from third-party websites or applications by a User or Registered User or Registered Financial and Investment Analyst / Consultant shall be governed by conditions, terms, terms of services, and privacy policy of the respective third-party website or application.
COOKIES
1. The Platform uses cookies to enable the Company to retrieve information, the functionality of the Platform, and providing better user experience of the Platform. Company’s affiliate partners may also use cookies for providing their services.
ADVERTISEMENTS
1. The Company may place advertisements for and/or on behalf of any third-party entity on the Platform. The Company is not responsible or liable for the form, content or authenticity of such advertisements and the same shall be the sole responsibility of such third-party.
FAIR USAGE POLICY
1. A Registered User shall not post excessive number of free queries on any issue, and shall post only one query for a similar issue for free on the Platform.
2. A Registered User, in their unlimited individual plan, shall not post/consult for multiple queries of same issue.
3. A Registered User shall not create multiple registration accounts on the Platform.
FORCE MAJEURE
1. No party to this Terms of Service shall be liable to the other for any failure to perform any obligation under any Terms of Service which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party to this Terms of Services affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Terms of Service contained herein.
PRIVACY POLICY
1. Procedure and practices in relation to collection, use, sharing and protection of the information obtained from a User, Registered User, a Registered Financial and Investment Analyst / Consultant , Registered Alternative Information Practitioner, and a Wellness Professional through the Platform shall be governed by the Privacy Policy of the Platform made available at https://www.securitiespesa.com/p/privacy.
2. The Privacy Policy shall be deemed to be an integral part of this Terms of Service.
3. By causing the accessing, viewing, downloading, installing and/or using of the Platform, User, Registered User, Registered Financial and Investment Analyst / Consultant is deemed to have read, understood and voluntarily agreed to the Privacy Policy.
CHANGE TO TERMS OF SERVICE
1. This Terms of Service may be revised or updated from time to time, and the User, Registered User, Registered Financial and Investment Analyst / Consultant, shall check the Terms of Service frequently. In the event of any significant change to this Terms of Service, the User, Registered User, and Registered Financial and Investment Analyst / Consultant shall be intimated through a message in the Platform and/or e-mail to the address provided, about such change, and consent of the User, Registered User, and Registered Financial and Investment Analyst / Consultant may be obtained the revised version of this Terms of Service, if required under law. Continued use of the Platform and/or service(s), after the intimation of the change to this Terms of Service, shall constitute express consent to such change.

CONTENTS
1. A User, Registered User or Registered Financial and Investment Analyst / Consultant shall not host, display, upload, modify, publish, transmit, update or in any manner share any information that -
  1. belongs to another person and to which the user does not have any right;
  2. is defamatory, obscene, pornographic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to child;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
2. Information may be removed by the Platform for violation of Applicable Laws or contravention of Section 34.1 hereinabove, on receipt of actual knowledge as stipulated under the Applicable Laws;
3. Contents, after deletion or removal, shall be retained for such period as may be required under Applicable Law.
DISCLAIMER
1. For a User having not completed 18 years of age, the legal/natural guardian of the said User, as may be authorized and recognized under the Applicable Law, shall be deemed to be a User, and shall be solely responsible for maintaining the Registered User Information on behalf of such user under the age of 18 years.
2. The Registered User Services and User Services offered through the Platform, as far as permissible under the Applicable Law, are only for informational purposes as a second financial and investment opinion, and shall not be deemed to be or substituted for an investment decision making advice or primary financial and Investment opinion.
3. Any advice or opinion provided through the Platform should be used merely as a guide rather than a definitive recommendation to adopt any specific action to financial or investment decision. Nothing transmitted through the Platform constitutes the establishment of a Financial and Investment Analyst / Consultant -User relationship between a User and any Registered Financial and Investment Analyst / Consultant.
4. A User shall consult his/her confirm the information received through Registered User Services and User Services, on the Platform, before acting on or implementing such information.
5. A User undertakes to access or use the Platform and services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such User resides, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such User resides or causes the access or use of the Platform or services, then the User shall not access or use, or shall cease to access or use, as the case may be, the Platform or services.
6. A User acknowledges that the Company shall not be held liable for a User’s access or use of the Platform or services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such User resides or causes the access or use of the Platform or services.
7. A Registered Financial and Investment Analyst / Consultant undertakes to access or use the Platform and Registered Financial and Investment Analyst / Consultant Services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such Registered Financial and Investment Analyst / Consultant resides or causes the access or use of the Platform or Registered Financial and Investment Analyst / Consultant Services, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such Registered Financial and Investment Analyst / Consultant resides or causes the access or use of the Platform or Registered Financial and Investment Analyst / Consultant Services, then the Registered Financial and Investment Analyst / Consultant shall not access or use, or shall cease to access or use, as the case may be, the Platform or the Registered Financial and Investment Analyst / Consultant Services.
8. A Registered Financial and Investment Analyst / Consultant acknowledges that the Company shall not be held liable for a Registered Financial and Investment Analyst / Consultant ’s access or use of the Platform or Registered Financial and Investment Analyst / Consultant Services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such Registered Financial and Investment Analyst / Consultant resides or causes the access or use of the Platform or Registered Financial and Investment Analyst / Consultant Services.
9. Any opinion provided by a Registered Financial and Investment Analyst/ Consultant to a User including consultations offered through the Platform shall not be deemed to be an opinion, including investment opinion, rendered by the Company. The Company merely facilitates a Registered Financial and Investment Analyst / Consultant, to render certain services to a User or a User to seek certain services from a Registered Financial and Investment Analyst / Consultant.
10. A Registered Financial and Investment Analyst / Consultant shall avoid direct communication, outside the Platform, with a Registered User, acquainted through the Platform, to the extent permissible by the Applicable Law.
11. The financial, investment or any other economic tools made available to a User shall not be deemed as a consultant advice or an expert opinion provided by the Platform/Company and such tools are merely informational tools. The User undertakes to independently verify and validate the credentials of a Registered Financial and Investment Analyst / Consultant registered on the Platform, whose Services are sought to be taken by the User via the Platform.
12. The Platform or the Company does not guarantee on the accuracy of the information provided by the tools, as may be available on the Platform, to a User.
13. You acknowledge that the Platform only offers reservation or access to diagnostic services offered by certain Diagnostic Laboratory, and the diagnostic services are performed by such Diagnostic Laboratory and not by the Platform. You acknowledge that the Platform is not responsible or liable for the any services rendered by a Diagnostic Laboratory and it is the sole responsibility of such Diagnostic Laboratory.
14. The contents on the Platform are provided to a User as a quick reference to information about Registered Financial and Investment Analyst / Consultant, and such listing on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of the Registered Financial and Investment Analyst / Consultants.
15. The information of a Registered Financial and Investment Analyst / Consultant published in the Directory Listing Services are provided on "AS-IS" basis as provided by such Registered Financial and Investment Analyst / Consultant, as the case may be. The Registered Financial and Investment Analyst / Consultant, is solely responsible for the completeness, accuracy and correctness of such information, and the Platform or the Company is not responsible for the completeness, accuracy and correctness of such information.
16. The inclusion of a Registered Financial and Investment Analyst / Consultant in the Directory Listing Services does not imply recommendation or endorsement of such Registered Financial and Investment Analyst / Consultant by the Platform or the Company nor does omission to include a Registered Financial and Investment Analyst / Consultant in the Directory Listing Services imply disapproval by the Platform or the Company.
17. The registration of a Financial and Investment Analyst / Consultant on the Platform for the Registered Financial and Investment Analyst / Consultant Services shall not be deemed to create an employer - employee, principle – agent, or any such similar relationship between the Registered Financial and Investment Analyst / Consultant and the Company. A Registered Financial and Investment Analyst / Consultant shall be a user of the Platform and its services.
18. A Registered Financial and Investment Analyst / or User or Registered User agrees that such Registered Financial and Investment Analyst / Consultant shall use the Platform on their own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from the Company, its affiliates and partners. The use of the Platform or it services is therefore entirely at their own risk. When using the Platform, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of the Company. Accordingly, the Company assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Platform. The Platform and the content are provided on an "AS IS" basis. The Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, the Company, its licensors, and its suppliers make no representations, warranties or guarantees about the following: (i) The accuracy, reliability, completeness, correctness, authenticity or timeliness of the information, software, text, graphics, links, or communications provided to me through the use of the Platform; (ii) the compliance by the Company, with Applicable Laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Platform or requiring disclosure of information contained on the Platform.
19. You acknowledge that access to the platform will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
20. The Registered Financial and Investment Analyst / Consultant Services, Registered User Services, User Services, the Platform, access to the Platform, its services, and the information is provided "as is" and "as available" basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for any and all acts or omissions taken or made in reliance on the platform or the information, including inaccurate or incomplete Information. It is expressly agreed that in no event shall we be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
21. You acknowledge that other users have access to the Platform and are receiving services. Such other users have committed to comply with these terms & conditions and policies and procedures concerning use of the platform; however, the actions of such other users are beyond our control. Accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any users' actions or failures to act.
22. The Company are not responsible for unauthorized access to your, data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your, data files, programs, procedures, or information through the Platform, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software.
23. We expressly disclaim any liability for the consequences to you arising because of your use of the Platform or the Registered Financial and Investment Analyst / Consultant Services or the User Services or the Registered User Services.
24. We do not warrant that your use of the Platform and the Registered Financial and Investment Analyst / Consultant Services or the Registered Alternative Information Practitioner Services or the Registered Wellness Professional Services or the User Services or the Registered User Services under these terms will not violate any law or regulation applicable to you.
25. Registered Financial and Investment Analyst / Consultant in Kenya acknowledge and undertake to adhere to the relevant Practice Guidelines, as may be applicable.
INDEMNIFICATION
1. You agree to indemnify, defend, and hold harmless Company, Our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) the use of the Registered Financial and Investment Analyst / Consultant Services, User Services, or Registered User Services, as the case may be; (b) any breach by You of any representations, warranties or agreements contained in these Terms of Service; (c) the actions of any person gaining access to the Platform under the credentials assigned to You; (d) the actions of anyone using a credential, password or other unique identifier assigned to You that adversely affects the Platform or any information accessed through the Platform;
TERMINATION
1. Your access to the Platform and the services offered through the Platform may be terminated for any of the following reasons:
  1. Violation of these Terms of Services.
  2. Violation of legally enforceable rights of any third-party by usage of the Platform or User Services or Registered Services, as the case may be, offered through the Platform by you.
  3. To comply with any order issued or proposed to be issued by any governmental agency;
  4. To comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or
  5. If performance of any term of these Terms of Service by either party would cause it to be in violation of law.
  6. Company determines in its sole discretion that access to or use of the Platform or services by you may jeopardize the Platform or services or the confidentiality, privacy, security, integrity or availability of information within the Platform, including the reputation of the Platform.
  7. Any person is or may be making unauthorized use of the Platform with any credentials assigned to you.
DISPUTE RESOLUTION
1. Any controversy, claim, dispute or difference arising out of this Terms of Service executed in furtherance thereof, or any alleged breach of this Terms of Service executed in furtherance thereof, shall be resolved by means of binding arbitration before a single arbitrator in accordance with the provisions of the Relevant Arbitration and Conciliation Act in Kenya. The award given by such an arbitrator shall be final and binding on all the parties to this Terms of Service.
2. The arbitration shall be held in the Republic of Kenya. No demand for arbitration shall be made after the date when the institution of legal proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
3. Subject to Sections 33.1 and 33.2 herein courts in Kenya shall have exclusive jurisdiction over any dispute that arises out of this Terms of Service.
SEVERABILITY
1. This Terms of Service supersedes all prior agreements, written or oral, between the parties hereto concerning the subject matter hereof. Whenever possible, each provision of this Terms of Service shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Terms of Service is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but this Terms of Service shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.
GRIEVANCES
1. For any grievance relating to your use of the Platform or its services, you may contact:

Email: info@securitiespesa.com / Phone: +254 20 2100058

These Terms of Use were last updated on: 24^th May 2024.

SecuritiesPesa | TERMS OF USE

TERMS OF USE