Terms & Conditions ("Terms")

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Takharoj.com website (the "Service") operated by Al Mal Investment Company K.P.S.C. ("us", "we", or "our"). Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Service Description

Takharoj is the region’s first web-based application which will allow you to connect with other minority investors in Unlisted Securities, enabling you to be heard and empowering you to get more value from your minority shares in return. By submitting your basic investment information, you can become part of a sizeable shareholding block with the power to negotiate optimal outcomes, as well as benefit from short and long-term solutions based on thorough analysis conducted by our experts. These solutions cater to the minority investors who lack control over their investments, whose voices are not heard, whose share value is either stuck or stagnating, or have a hard time getting valuable financial information or return.

Content

Our Service allows you to upload, store, share, and otherwise make available certain information, text, documents, or other material regarding your shareholding in certain companies ("Content") in order to analyze them. After gathering any relevant information from other subscribers, we, at our sole discretion, may suggest a strategy to maximize the value of the Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You shall keep the Content up to date at all times.

By posting Content to the Service, you grant us the right and license to use such Content on and through the Service. You retain any and all of your rights to any Content you submit, or post on or through the Service and you are responsible for protecting those rights. It is understood that any analysis or study submitted by us shall be our intellectual property and you do not have the right to share it with third parties without our prior written permission.

You represent and warrant that: 

  • The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms,
  • The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person. You acknowledge that you subscribed to the Services without any assumptions from us and without any guaranteed result.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with us. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. However, we will not be liable for any action or transaction occurred prior to the said notification. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Verification

You grant us the right to verify your shareholding in the companies you provide through any one of the registered clearing companies and will issue any authorization that might be required as per the clearing companies’ request.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain our exclusive property and our licensors' property (as applicable). The Service is protected by copyright, trademark, and other laws of both Kuwait and foreign countries. Our trademarks and trade name may not be used in connection with any product or service without our prior written consent.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

You must read the terms and conditions and privacy policies of any third-party web sites or services that you visit. You acknowledge that you subscribed to the Service without any assumptions from us and without any guaranteed results.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Confidentiality

We will hold all information provided by you confidential at all times however, we shall have the right to  analyze the Content in order to search for potential investment opportunities. It is understood that we may cooperate with any of our Affiliates, Subsidiaries or Holding companies and disclose confidential information disclosed by you in order to develop any investment proposal or suggested action plan.

Limitation of Liability

In no event shall we nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from 

  • your access to or use of or inability to access or use the Service;
  • any conduct or content of any third party on the Service;
  • any content obtained from the Service; and
  • unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We, our holding company, subsidiaries, affiliates, and our licensors do not warrant that

  • the Service will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  •  the Service is free of viruses or other harmful components; or
  • the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Kuwait and any dispute which may result from the Service shall be exclusively settled by the courts of State of Kuwait.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by the competent court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide you with at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

By accepting the Terms and Conditions of the Service you acknowledge that you fully understand the above Terms and Conditions and have the authority to accept them and hereby you confirm acceptance of them.

Takharoj


  • Gulf Road - Ahmad Tower - 22nd floor  
  • P.O. Box 26308 Safat 13124 Kuwait
  • Tel : +965 22254800
  • Fax : +965 22254888
  • Takharoj@almal.com.kw

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