PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE KENANGA INVESTORS BERHAD WEBSITE
(“Website”). By accessing the Website, you agree to be bound by the following terms
and conditions.
1. TERMS AND CONDITIONS
The Terms and Conditions may be updated by Kenanga Investment Bank Berhad and its
group of subsidiary companies (“Kenanga Group”) at its sole and absolute discretion
from time to time by posting the updated Terms and Conditions without prior separate
notification to you. You should check the Terms and Conditions each time you access
the Website to check for updates. Your continued use of this Website and any pages
hereof shall be deemed as your acceptance of any changes, amendments and/or variations.
Kenanga Group further reserves the right to change, suspend or discontinue any aspect
of this Website without prior notice to you.
Your access to and use of this website shall be governed by the Terms and Conditions
set out below (“Terms and Conditions”). Please read and understand the Terms and
Conditions carefully before using this Website. Your continued access, review or
use of this Website shall be deemed as your acceptance to be bound by the Terms
and Conditions without limitation/qualification. IF YOU DO NOT ACCEPT ANY OF THE
TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
2. THE KENANGA WEBSITE
The contents of the Website are intended for your personal non-commercial use only.
The Website and the contents thereof, whether wholly or in part, may not be used
for any non-personal or commercial purposes. Kenanga Group strictly prohibits any
alterations, copies made for commercial or non-personal purposes, distribution,
transmission, display, performance, reproduction, publishing of any part of the
Website in any manner whatsoever without the prior written consent of Kenanga Group.
All materials published on the Website (including but not limited to articles, features,
photographs, images and illustrations, collectively known as “the Content") are
protected by copyright laws, trademarks or other information and intellectual property
rights, and are either owned or controlled by Kenanga Group , or the party credited
as the provider of the Content.
You undertake not to post in the Website any materials that are or could reasonably
be construed as: (i) false; (ii) defamatory, libelous, obscene, offensive, abusive,
liable to incite racial hatred, discriminatory or blasphemous; (iii) in breach of
any obligation of confidence or privacy or any trade secret; (iv) infringing the
proprietary rights of any third party or for which you have not obtained all necessary
licences and/or approvals; or (v) violating any other law.
You also agree not to transmit to the Website any materials which could reasonably
be held to constitute or encourage conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of any country
or other competent authority, or infringe the rights of any third party enforceable
in any part of the world.
Kenanga Group reserves the right to remove any materials from the Website, where
it reasonably suspects that such materials are prohibited by these Terms and Conditions
or are otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that
Kenanga Group has no control over content on the Website provided by other users,
nor does it purport to monitor the content of the Website, to ensure its accuracy,
appropriateness or conformity with the principles outlined in these Terms and Conditions.
This website and the contents and information on it is operated by Kenanga Group.
3. OTHER WEBSITES
For your convenience and information, the Website also provides links to other sites
operated and controlled by third parties (“External Websites”). We shall not be
responsible for the availability of these external resources or their contents,
and shall not be liable for any information or services which may appear on such
External Websites. The content on such External Websites will not have been developed,
checked for accuracy, or otherwise reviewed by Kenanga Group. Any hyperlinks to
any External Websites are provided only as a matter of convenience to you and shall
not be deemed as an endorsement or verification of such websites and such External
Websites should be accessed at the user’s own risk. You should also be aware at
all times that the terms and conditions appearing on each and every External Websites
and the External Websites’ privacy policies may differ from those applicable to
your use of the Website. Kenanga Group is not a party to any contractual arrangements
entered into between you and the provider of the External Websites unless otherwise
expressly specified or agreed to by Kenanga Group in writing.
You hereby duly agree and accept that under no circumstances will you hold Kenanga
Group liable for any loss or damage caused as a result of your access to the External
Websites. Kenanga Group shall also not be responsible for any damages or losses
caused as a result of the following:
a. the use of or reliance on any content, goods or services available on the External
Website;
b. any delays, defects or omissions that may exist in the services, information
or other content provided in such External Websites, whether actual, alleged, consequential
or punitive.
Kenanga Group makes no guarantees or representations as to, and shall have no liability
for, any electronic content delivered by any third party, including, without limitation,
the accuracy, subject matter, quality or timeliness of any electronic content.
4. USE OF YOUR PERSONAL INFORMATION
If you choose to provide us with any of your personal information, such personal
information shall also be governed by the terms and conditions set out in our Personal
Data Protection Notice. Kenanga Group shall deal with your data and personal information
in accordance with the Personal Data Protection Notice as may be amended or supplemented
from time to time. You hereby confirm that you have read and understood the Personal
Data Protection Notice and have accepted the terms and conditions. For the most
current version of the Personal Data Protection Notice at all material times, please
refer to the posting on the Website. Kenanga Group does not control the use of your
personal information that you may share with the External Websites. You are advised
to make yourself aware of their respective terms and conditions in this respect
(if any).
5. YOUR SUGGESTIONS, COMMENTS AND FEEDBACK
Any communication from you sent to Kenanga Investors Berhad Website or otherwise
to Kenanga Investors Berhad by electronic mail shall be treated as non-confidential.
Your comments, suggestions, questions, feedback and the like regarding the Content
and/or our services in general, including any ideas, inventions, concepts, techniques
or know-how disclosed therein may be used by us for any purpose, including the developing,
manufacturing and/or marketing of goods and/or services, and in such circumstances
you are not entitled to any reward or compensation of whatever nature from us. FOR
THIS PURPOSE: WE RESERVE EXCLUSIVE RIGHT whenever necessary to disclose your personal
information within our own offices or to authorised agents or government/regulatory
authorities.
6. DISCLAIMER
The information provided on the Website is not intended for distribution to, or
use by, any person or entity in any jurisdiction or country where such distribution
or use would be contrary to laws or regulations or which would subject Kenanga Group
to any registration requirement within such jurisdiction or country. Neither the
information, nor any opinion contained in the Website constitutes a solicitation
or offer by Kenanga Group to buy or sell any securities, futures, options or other
financial instruments or provide any investment advice or service whatsoever and
the Website cannot under any circumstances be relied upon for investment dealings
of whatever nature. You are advised to obtain separate independent professional
advice before making any decision to trade/invest in securities or invest in any
financial instruments.
Whilst every care has been taken in preparing the information materials contained
in the Kenanga Website, the information on the Kenanga Website is provided on an
"as is" basis without any warranty or indemnity of any kind either expressly or
implied, including but not limited to any implied warranties or indemnities or implied
terms of satisfactory quality, fitness for a particular purpose or non-infringement.
All such implied terms ,warranties and indemnities are hereby excluded.
Whilst every care has been taken in preparing the information materials contained
in the Website, the information on the Website is provided on an “as is” basis without
any warranty or indemnity of any kind either expressly or implied, including but
not limited to any implied warranties or indemnities or implied terms of satisfactory
quality, fitness for a particular purpose or non-infringement. All such implied
terms, warranties and indemnities are hereby excluded.
Kenanga Group will not be held responsible for any loss or damage that could result
from interception by any third parties of any information made available to you
via the Website. Although the information provided to you on the Website is obtained
or compiled from sources we believe to be reliable, Kenanga Group cannot and does
not guarantee the accuracy, validity, timeliness or completeness of any information
or data made available to you for any particular purpose. Neither Kenanga Group,
nor any of its directors, officers or employees, nor any third party vendor will
be liable or have any responsibility of any kind for any loss or damage that you
may incur in the event of any failure or interruption of the Website, or resulting
from the act or omission of any other party involved in making the Website or the
data contained therein available to you, or from any other cause relating to your
access to, inability to access, or use of the Website or the materials or information
therein, whether or not the circumstances giving rise to such cause may have been
within the control of Kenanga Group or of any vendor providing software or services
support.
In no event will Kenanga Group or any such parties be liable to you for any other
damages of any direct, special, indirect, consequential, incidental damages or any
other damages of any kind even if Kenanga Group or any other party have been advised
of the possibility thereof.
Nothing in our Website constitutes an offer to sell any securities and other goods
or services of whatever nature and cannot under any circumstances be relied upon
for investment dealings of whatever nature.
If any provision of these disclaimers and exclusions shall be unlawful, void or
any reason unenforceable then that provision shall be deemed severable and shall
not affect the validity and enforceability of the remaining provisions.
7. LIABILITY
By using our Website you are deemed to have agreed and accepted that Kenanga Group
will not be held liable under any circumstances, including negligence, for any direct,
indirect or consequential loss arising from your use of the information and material
contained in our Website or from your access to the linked External Websites. Kenanga
Group shall also not be liable for any material provided by third parties with their
own respective copyright and shall not under any circumstances, be liable for any
loss, damages or injury arising from these materials.
You hereby undertake to fully indemnify Kenanga Group for any damages, losses, expenses
and cost that may arise as a direct or indirect consequence of a breach on your
part of any provisions of these Terms and Conditions , in addition and without prejudice,
to any other right that Kenanga Group may have as contained herein.
In the event that we fail or neglect to enforce any provision or remedy as provided
in these Terms and Conditions, we shall not be construed as a having waived our
rights to enforce the same.
8. EXCLUSIONS
The exclusions and limitations described herein shall apply only to the extent permitted
by law, without prejudice to our rights to seek legal redress in accordance with
the applicable laws.
9. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the Website’s Content shall be governed and construed
in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive
jurisdiction to adjudicate any dispute which may arise in relation thereto.
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