Welcome to the Cytonn Investments Management Plc "Cytonn" website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our privacy policy, which govern Cytonn’s relationship with you in relation to this website.
The terms “Cytonn”, “us” or “we” refer to the owner of the website whose registered office is Liaison House, 3rd Floor, State House Avenue Nairobi. The term “you” refers to the user or viewer of our website.
These terms of use apply to all users of, and visitors to, our site. Use of our site includes accessing, browsing, or registering to use our site.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice. It is not intended to amount to professional investment or other advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including but not limited to signing up for our products, executing instructions through our website and any other actions.
- Although we make reasonable efforts to update the information on our site, neither we nor any third parties make any representations, warranties or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.
- We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of our website for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Whilst every care has been taken in preparing the materials and information contained in this website, such materials and information are provided on an "as is" basis without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information.
- Geographic, political, economic, statistical, financial and exchange rate data are presented in certain cases in approximate or summary or simplified form and may change over time. Reliance has been placed by the editors on certain such data obtained externally statistical data which, though believed to be correct, may not in fact be accurate. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from action taken, or not taken, by or for you or otherwise, in reliance on materials or information contained in this website. In particular, no warranty is given that any materials, information or data contained in this website are accurate, reliable or up-to-date.
- We accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this website, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this website, its contents or associated services, or due to any unavailability of the website or any part thereof or any contents or associated services, where such events arose out of circumstances outside our reasonable control.
- Please note that any software downloaded from this website is at your own risk and we neither assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of this website, where such events arose out of circumstances outside our reasonable control.
- Any hypertext link from this website exist for information purposes and are for your convenience only and we accept no liability for any loss or damage arising directly or indirectly (including specific, incidental or consequential loss or damage) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites linked. Our inclusion of hyperlinks does not imply any endorsement of the materials on such sites linked.
- We do not guarantee that any e-mails from the website will be sent to you or received by us nor do we warrant the privacy and/or security of e-mails during internet transmission which is outside our reasonable control. We accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from failure of any internet transmission (including e-mails correspondence) from this website or otherwise.
- You hereby agree to indemnify and to keep us fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) which we may incur and which directly or indirectly arise out of, or are connected with your use of this website. For avoidance of doubt and without limiting the foregoing, we shall have the right to defend itself through counsel of its choice.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.
- We reserve the right in our discretion to change at any time without prior warning or notice any information or material contained on this website and we are entitled to from time to time to amend the terms and conditions under which this website is used without prior notice to you. If you continue to access to this website or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.
- We may terminate these terms and conditions, your access to this website and use of online services at any time, without prior notice to you.
- You may not create a link to this website from another website or document without our prior written consent.
- These terms of use are governed by and construed in accordance with the laws of Kenya and any dispute relating thereto shall be subject to the exclusive jurisdiction of the courts of Kenya.
Indemnity for user instructions
- Notwithstanding the terms of any mandate or other agreement or course of dealing between you and us, you hereby authorize us (but we are not bound) to rely upon and act in accordance with any notice, demand or other communication which you may from time to time give, or purport give through our website either by yourself or through your authorized representative (without inquiry on Cytonn’s part as to the authority or identity of the person making or purporting to make such notice, demand or other communication) and regardless of the circumstances prevailing at the time of such notice, demand or other communication.
- We shall therefore be entitled to treat such email notice, demand or other communication as fully authorised by and binding upon the you and we shall be entitled (but not bound) to take such steps in connection with or in reliance upon such communication as we may in good faith consider appropriate, regardless of the nature of the transaction or arrangement or the amount of the money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such notice, demand or other communication.
- In consideration of us acting in accordance with any such notice, demand or other communication, you hereby undertake to indemnify us and to keep us indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by us of whatever nature and howsoever arising, out of or in connection with such notices, demands or other communications, provided only that we act in good faith, except where such losses, claims, actions, proceedings, demand, damages, costs and expenses arise through our wilful negligence. In this regard any notice, demand or other communication notice, demand or other communication only originate from your use account whose instructions shall be complied with until otherwise advised in writing.
- This indemnity shall remain in full force and effect unless and until we receive, and have had a reasonable time to act upon, notice of termination from you (or your authorised representative) in writing, save that such termination will not release you from any liability under this authority and indemnity in respect to any act performed by us in accordance with the terms of this indemnity prior to the expiry of such time.
