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User Agreement


1. ACCEPTANCE OF TERMS

 

KMEFIC provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the “TOS” at any time on our website. In addition, when using particular KMEFIC services, you and KMEFIC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the “TOS”.


2. YOUR REGISTRATION OBLIGATIONS

 

In consideration of your use of the Service, you agree to:


 (a) Provide true, accurate, current and complete information about yourself as prompted by the account opening form such information being the "Registration Data".

(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KMEFIC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KMEFIC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).



3. KMEFIC PRIVACY POLICY

 

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy in the KMEFIC online trading customer agreement.



4. MEMBER ACCOUNT, PASSWORD AND SECURITY


You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:


(a) Immediately notify KMEFIC of any unauthorized use of your password or account or any other breach of security, and

(b) Ensure that you exit from your account at the end of each session. KMEFIC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.



5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


6. INDEMNITY


You agree to indemnify and hold KMEFIC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the “TOS”, or your violation of any rights of another.

7. NO RESALE OF SERVICE


You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
 
8. MODIFICATIONS TO SERVICE


KMEFIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KMEFIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


9. TERMINATION


You agree that KMEFIC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if KMEFIC believes that you have violated or acted inconsistently with the letter or spirit of the “TOS”. KMEFIC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this “TOS” may be effected without prior notice, and acknowledge and agree that KMEFIC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that KMEFIC shall not be liable to you or any third-party for any termination of your access to the Service.


10. KMEFIC'S PROPRIETARY RIGHTS


 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KMEFIC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. KMEFIC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by KMEFIC for use in accessing the Service.


11. DISCLAIMER OF WARRANTIES


You expressly understand and agree that:

 

(a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. KMEFIC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) KMEFIC makes no warranty that:

(i) The service will meet your requirements,

(ii) The service will be uninterrupted, timely, secure, or error-free,

(iii) The results that may be obtained from the use of the service will be accurate or reliable,

(iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

(v) Any errors in the software will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) No advice or information, whether oral or written, obtained by you from KMEFIC or through or from the service shall create any warranty not expressly stated in the “TOS”.

 
12. LIMITATION OF LIABILITY


You expressly understand and agree that KMEFIC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KMEFIC has been advised of the possibility of such damages), resulting from:


(i) The use or the inability to use the service.

(ii) The cost of procurement of substitute goods and services resulting from any goods, data, information. services purchased or obtained or messages received or transactions entered into through or from the service/

(iii) Unauthorized access to or alteration of your transmissions or data.

(iv) Statements or conduct of any third party on the service.

(v) Any other matter relating to the service.


13. TERMS AND CONDITIONS OF ACCESS

Kuwait and Middle East Financial Investment Company (KMEFIC), owners of alawsat.com, at our discretion, provide you with services including, but not restricted to, news and information services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Access and elsewhere in our services. These services may be outside our control or provided by a third party in which in case we cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services, provided we have exercised reasonable care and diligence in the selection of such providers. Certain data accessible on our services is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be. You may only use the data retrieved from our services for your own personal and non-commercial purposes while accessing our services. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services. You may not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. The data is provided "as is." We or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or any decision made or action taken by you or any third party in reliance upon the data. Third party nor we shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party. Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither any information service provider, third party or us give any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet. Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither any information service provider, third party nor we will be liable to you or any third party for any losses arising from such delay. In no event will any information provider, third party or we, be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.

14. NOTICE

Notices to you may be made via email. The Service may also provide notices of changes to the “TOS” or other matters by displaying notices or links to notices to you generally on the Service.


15. TRADEMARK INFORMATION KMEFIC & ALAWASAT LOGO AND PRODUCT AND SERVICE NAMES

Trademark information KMEFIC & ALAWASAT logo and product and service names are trademarks of KMEFIC. Without KMEFIC's prior permission, you agree not to display or use in any manner.


16.
US MARKET AND NASDAQ AGREEMENT

Available in PDF here.