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    Terms & Conditions

Preamble:

Kindly go through the following Terms and Conditions before using this website:

A) EFG-Hermes KSA is providing its clients with a service of trading via the internet. This service permits the client to enquire about securities’ transactions and prices relating to Saudi Stock Exchange (Tadawul). It also keeps the client updated of his stocks and funds balances with the above company as well as in addition to trading in Saudi Stock market.

B) These terms and conditions shall regulate the use of the new service of trading via the internet.

C) These Terms and Conditions constitute an integral part of the Account Opening Agreement executed between the Company and the Client (“The Agreement”). As such, all the transactions between the Client and the Company shall be governed by the said Agreement and by these Terms and Conditions.

Definitions:

The following terms and expressions shall mean as follows unless the next requires otherwise:

"Client" shall mean any person requesting access to EFG-Hermes Online Trading system website concerning the service of dealings via the internet.

"Company" shall mean EFG-Hermes KSA.

"Service" shall mean the service as referred to in the preamble above.

1) How to use the Service

1-1 The Client may use the Service only after his review of and agreement to the terms and conditions.

2) Conditions of use:

2.1 The Client hereby acknowledges that he has reviewed these Terms and Conditions and undertakes that they shall remain binding upon him.

2.2 The information used to access the Service is personal and strictly confidential. The Client shall make sure that this information is not accessible by third parties nor should he disclose of such information to any third party. The Client shall refrain from writing down such information in any place accessible to third parties.

2.3 The Client shall immediately notify the Company upon any loss of the confidential information or if it has come to the knowledge of any third party.

2.4 The Company is not responsible for any misuse or any manipulation of the said information by any third party in any manner whatsoever.

2.5 The Company treats any instruction it receives from the Client via the website as being sent form the Client himself and the Company shall strictly comply therewith.

2.6 The Client shall be solely responsible for any instructions he sends through the Service website, including but not limited to, any mistakes or omissions or any repetition of such instructions.

2.7 The Client acknowledges that he has fully read the “List of Internet Risks” attached herewith as Schedule (1) and he is fully aware of all the risks relating to online transactions, including but not limited to, the risk of penetrating the confidential transactions and possible interference by third parties as well as any other risks.

2.8 The Client acknowledges that in order to be able to carry out dealings via the internet, his cash account should be sufficient in case of any purchase and that his stock account should be sufficient for sale in case of any sale.

2.9 The Company does not provide any consultancy services with respect to trading transactions. The sale and purchase of any shares in any joint stock companies or any other investments listed in Saudi Stock Exchange (Tadawul) shall be left to the sole discretion of the Client which will not rely on any recommendation from the Company.

2.10 The Company may not amend these terms and conditions unless the Client is notified of the same.

2.11 The Company may refuse any transaction which is not in compliance with these Terms and Conditions.

2.12 The Company may maintain electronic records of all the instructions it receives from the Client via the internet.

2.13 All dealings carried out through the Service website shall be binding on the Client immediately upon having access to the Service.

2.14 The Company has the discretionary right to refuse any transaction if the credit balance in the "cash account" is not sufficient or it will not be sufficient upon completion of the said transaction.

2.15 the company will charge the customer the agreed fees (in consideration for subscription, continuous availability and utilization of the service )as the company may prescribe from time to time. The company reserves the right to alter any fees at anytime immediately after notification to the customer who hereby authorizes the company to charge the fees to any of the customer accounts held with the company.

2.16 The company reserves the right to refuse to provide the Service to any customer for any reason whatsoever, and to refuse to act upon or respond to any instructions or queries it may receive from the Customer via the Internet without stating any reasons

2.17 The Customer shall keep strictly confidential his/her own USER ID and Password(s), and undertakes to never disclose his/her USER ID to any third party including company employees. Accordingly, the company does not accept liability for any claim or loss resulting from disclosure of the Customer's Password or transactions passed over the account that are not performed by the Customer. If the Customer suspects that any person has knowledge of his/her Password(s), the Customer must immediately notify the company verbally, written confirmation to follow. The Customer will be solely responsible for all instructions and inquiries actually made or which may be made until the company receives written confirmation and acknowledges receipt of the notification

2.18 All equipment advanced by the company to the Customer are and shall remain the exclusive property of the company. The Customer agrees and undertakes to return these equipment to the company immediately on demand in their original "as received" condition.

2.19 The Customer consents and warrants that the Customer will not copy reproduce or amend any software, pages or documents provided by the company nor will the Customer download or divert the Service software from any computer or electronic device to any other computer or electronic device.

2.20 The Customer authorizes the company to send Service related advices, notices and/or correspondence in the manner the company deems fit. The Customer shall be responsible for the confidentiality of all company generated Customer advices, notices and correspondence.

2.21 The company reserves the right to refuse to execute any transaction without notice or liability.

3) Guarantees and Liability:

3.1 The Company shall not be responsible for the quality, speed, performance, accuracy or the continued availability of the Service.

3.2 The Company can not guarantee that internet transactions are free from faults and errors.

3.3 The Company shall not be responsible for any loss or any costs incurred by the Client due to :

3-4-1 Failure of communication services, systems or equipments or any other technical deficiency whether totally or partially.

3-4-2 Acts of fraud or forgery.

3-4-3 Any accident beyond Company’s control.


3.4 The Company shall not be liable at any time towards the Client or any other person for any damages whatsoever resulting from Client’s use of or inability to use the Service, including but not limited to, any delay or discontinued supply of the services, except for damages arising from the negligence or intentional misconduct on the part of the Company.

3.5 Any costs incurred towards Internet usage to logon to the Service shall be for the Customer's exclusive account.

3.6 The Company undertakes to make reasonable efforts to ensure best level of dealings via the internet.

4) Cancellation:

4-1
either the company or the Customer may cancel subscription to the Service. If the Customer intends to cancel subscription, a written notice of cancellation must be submitted to the company. The company is entitled to cancel the Customer's subscription at anytime without notice to the Customer, and such action shall not create any liabilities on the company part to the Customer.

4-2 The Company may cancel the Service immediately upon the non-compliance of the Client with these Terms and Conditions. Accordingly, Client’s access to the Service website will be blocked.

4-3 The instructions given by the Client via the internet prior to cancelling the Service shall remain valid.

5) Legality:

5.1 No failure or delay on the company part to exercise any rights or remedy under these Terms & Conditions shall operate as a waiver of such right or remedy, nor will any partial exercise of any right or remedy preclude any subsequent exercise of such right or remedy. Rights and remedies provided herein are supplementary and additional to any other rights or remedies provided under the applicable law.

5.2 In no event will the company or its employees be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with logon to the site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even when Hermes Online, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

5.3 The company reserves the right to alter these Terms & Conditions at anytime, but will notify the Customer of any alternation in advance of the effective date. Continued utilization of the Service by the Customer constitutes acceptance and agreement of such alterations.

5.4 These Terms & Conditions are supplementary to, and shall be governed by, any related terms, conditions and/or agreements executed by the Customer, present or in the future.

5.5 These Terms & Conditions are subject to and shall be governed by the prevailing rules and regulations of the Kingdom of Saudi Arabia. The parties hereby irrevocably submit to the exclusive jurisdiction of the Committee for the resolution of securities disputes.

 

Schedule (1)

Internet Related Risks


The Client hereby declares that he is fully aware that dealings via the internet are associated with some risks, including but not limited to, the following:

- Interference by a third party, including interception of messages and sending same by frauds and impersonators such as computer hackers.
- Introduce by a third party of programs and systems such as computer viruses, intrusion programs, …etc.
- Failure of the communication network including any interruption or delay leading to the delay or non-execution of the transactions.
- The internal infringement on the Client's computer systems by his employees or other staff members.
- The negligence in handling sensitive data by persons using Client’s computer systems whether this data was stored on such computer    systems or being printed or extracted in any other way.
- The possible interference with the coding systems by force.
- The failure of providing firewalls, coding systems, passwords as well as interference control systems which might reduce the internet related    risks in communications and the performance of transactions.
- Any other risks resulting from the use of the internet.

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