× AGREEMENT AND ACCEPTANCE
This agreement becomes effective between you (the User/ Partner/ Authorised Signatory) and British-American Asset Managers Limited ("the fund manager", "we" or "us") at the time of registering for online access (also called the Service) and during the time you access the Partner Portal (Online System). DEFINING THE DEVICE AND MEDIUM
The device which you select to access our online system may include a computer, cell phone, telephone, or similar technologies (the device) and the medium through which you access the system may include the Internet, wireless application protocol (WAP), wireless Internet gateway (WIG) or similar technologies (the medium).
We will refer to the device and the medium collectively as "the communication system". Where a particular communication system requires contractual provisions different from other communication systems, this will be clearly stated in this agreement. LINKED TEXT
For ease of use, we have included automated links (hyperlinks) in this agreement to point you towards information stored elsewhere on the Online system. These links are indicated by blue underlined text and your mouse's cursor should change into a hand or other pointer icon when held over this text. You are obliged to view the relevant parts of the hyperlinked information, which information will be regarded as forming part of this agreement. If your communication system cannot access the hyperlinks, you must visit our website at www.british-american.co.ke to access the linked information or alternatively, you may contact our Partner Services Team. AMENDMENTS
We may amend this agreement from time to time and you are bound by the version of this agreement that exists at the time you access the online system. REQUIREMENTS
Before you can use the online system, you must be an investor in at least one of the British-American unit trust products FEES
This is a free service and will not attract any charge. ACCESS CODE PROTECTION AND IRREGULARITIES
An "access code" refers to your password and user name.
You must protect and keep your access codes confidential at all times. It is not safe to store it on your computer or on a network. We shall rely on you to report any compromise of your access codes to us without delay. You may do this by contacting our Partner Service Team at the Head Office or at a branch closest to you. Upon receiving this notification, we shall ask you to verify your identity to prevent someone else from impersonating you.
Once you notify us to disable an access code we shall be entitled to deactivate the access code without further notice. Should you require reconnection to the online portal following deactivation, you shall contact our Partner Service team to make your request.
There will never be a reason for any person including a member of our staff or Partner Service Team to know or ask for your access code. Do not disclose an access code to these persons, regardless of whether you called them or they called you. You must immediately notify us if you discover an error or irregularity. You can report any errors to our Partner Service Team at head office or at any branch. ADDITIONAL RESPONSIBILITIES AS A USER
- 9.1 You are hereby responsible for:
Actions that may be taken by anyone using the Service after signing in with your username and password. We are entitled to rely and act upon instructions received under your username and password.
Keeping your username and password confidential and for ensuring that you have signed off from the Service when your session is complete to prevent unauthorized persons from using the Service.
You agree that you will be the only user of your username and password, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of the Service. You agree to immediately notify us through our Partner Service team and report any actual or suspected unauthorized use of your username or password.
You agree to provide true, accurate, current and complete information about yourself as requested, and you agree to not misrepresent your identity.
You will not use the Service for any illegal purposes.
You will comply with all regulations, policies and procedures of networks through which you access and use the Service.
You will not use the Service for any activity or use that may disrupt the Service or the networks through which you access or use the Service.
You will not access or attempt to access any account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account.
- TERMINATING THE ONLINE ACCESS AGREEMENT
- For violation of the Agreement:
If you violate any terms of this Agreement (including any act that would jeopardize the efficiency of the Partner portal) or any other agreement you have with us, you agree that we may suspend or terminate your access to the Partner portal. Under this instance, we shall not be required to reinstate or re-activate your access.
- By your own choice:
If you request us to terminate your access to the Online System, or withdraw from the Service, we will suspend or terminate your access. We will not be required to reinstate or re-activate your access.
- Removal of online access :
You may request removal of online access by sending an email through to the Partner Service Team.
The use of the Partner portal is entirely voluntary and by your acceptance of the terms of this Agreement you accept and agree to indemnify, defend and hold us harmless together with our respective officers, directors, shareholders, affiliates and agents from and against any and all demands, claims, liabilities, damages, expenses (including legal fees and disbursements) and losses resulting from, related to or arising out of any breach of any representation, warranty, covenant or agreement contained in this Agreement. PROPRIETARY RIGHTS
Other than your personal account information, all content included or available on the Service, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the property of British-American and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of British-American and/or its licensors and is protected by copyright or other intellectual property rights. Nothing contained on the Service should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of British-American, or the third party which has rights to such Trademarks and/or Intellectual property, as appropriate. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, we make no warranties of any kind for the Service, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Service available is free of viruses or other harmful components. DISPUTE RESOLUTION:
NOTICES AND COMMUNICATION
Should any dispute arise with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, it is hereby agreed that both parties shall in the first instance attempt to resolve such dispute by amicable negotiation.
Should such negotiations fail to achieve a resolution within Fifteen (15) days, either party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to arbitration under the following terms:-
Such arbitration shall be resolved under provisions of the Kenyan Arbitration Act 1995 (and as amended from time to time).
The tribunal shall consist of one arbitrator to be agreed upon between the parties failing which such arbitrator shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Chapter)upon the application of any party.
The place and seat of arbitration shall be Nairobi and the language of arbitration shall be English.
The award of the arbitration tribunal shall be final and binding upon the parties to the extent permitted by law and any party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitration tribunal may take the form of an order to pay an amount or to perform or to prohibit certain activities.
Notwithstanding the above provisions of this clause, either party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.
Except as expressly provided otherwise in this Agreement, we will provide you notices and other information regarding the Service (collectively "Account Related Information") through mail, electronically or by other means available. This information will be sent to your postal or email address as may be applicable and as reflected in our records, unless a different postal or electronic address has been specified in accordance with the notices that we may receive from you time to time.
Any Account Related Information will be deemed to have been sent on the first Business Day following the date on it. Account Related Information that is held for pick-up or posted on our Website will be deemed to be delivered to, and received by, you at the time that we make it available for pick-up, display it to you, or send notice in accordance with this Agreement that it is posted on our Website, as applicable.
The person receiving the notice is responsible for providing copies of all Account Related Information to all joint Owners, authorized Signatories, or other persons with access to the Account or Online System.
You agree that you shall notify us immediately in the event of a change to your address or Email Address.
We may act on any instruction purportedly made on your behalf within a reasonable time after we receive such instruction. Unless you instruct us otherwise, we may in our sole discretion change the postal or E-Address only for the account(s) you specify or for all or some of your other account(s) with us.
We may assign our interest in this Agreement to our successors and assigns, or to any now-existing or future direct or indirect subsidiary of the British-American group, its successors and assigns. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties. This Agreement and your rights and obligations under this Agreement are however not assignable. GOVERNING LAW
This agreement shall be construed and take effect according to the laws of Kenya. ENTIRE AGREEMENT
This Agreement, and any other disclosures (including without limitation any modification to this Agreement) that we may provide to you from time to time make up the entire and only agreement concerning the subject matter of this Agreement. If any provision of this Agreement is held unenforceable, the remaining provisions of this Agreement will still be enforceable. There are no third party beneficiaries of this Agreement.
If you have any questions about this agreement or do not understand anything in this agreement please call our Partner Service Team