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| Terms & Conditions |
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| Employees |
means including but not limited to the directors, employees, officers, agents, sub-agents and/ or consultants employed by Kenanga and/ or its Related Companies; |
| Information |
means any such information contained or displayed in the Website including but not limited to the base prospectus, term sheet, contents, materials, formula, financial information, data, opinion, research, guidelines, notes, strategy, pricing levels, valuation, interface, archives, announcements, historical information, statistical, charts, presentation slides, terminology, market overviews, price feeds and/ or such other information in this Website of whatsoever nature; |
| Kenanga |
means Kenanga Investment Bank Berhad (Company No. 15678-H); |
| Personal Information |
means information that identifies or describes you that is provided by you or otherwise comes to the knowledge of Kenanga and/ or its Related Companies through any other means. You hereby authorize Kenanga and/ or its Related Companies to disseminate and/ or share your information including but not limited to, for marketing purposes, planning, product development and research purposes; |
| Related Companies |
means K & N Kenanga Holdings Berhad and all its subsidiaries and associated companies and any other companies in which K & N Kenanga Holdings Berhad or any of its subsidiaries has an equity interest in; |
| Terms and Conditions |
means the terms and conditions contained herein and any variations, amendments or supplements thereto; |
| Website |
means the "NagaWarrants.com" website, internet portal or any such term that may be designated by Kenanga and/ or its Related Companies from time to time; |
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| Interpretation : |
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| (a) |
headings are included for convenience only and should not affect the construction of these terms and conditions. |
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| 1. |
The Website |
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| 1.1 |
The Website is operated and maintained for and on behalf of Kenanga and/ or its Related Companies. |
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| 1.2 |
Kenanga and/ or its Related Companies reserve the right to vary, amend or modify or impose additional terms and conditions for this Website at any time without prior notification to you. |
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| 1.3 |
You agree and acknowledge that your continued access and use of the Website subsequent to any variations, amendments, modification and additions to the terms and conditions shall constitute your acceptance and agreement of the same. |
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| 1.4 |
You agree and acknowledge that you are granted conditional, non-exclusive license to access and use the Website but in no way are you granted any license or proprietary right over the Website or any software in relation thereto. |
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| 1.5 |
The Terms and Conditions herein shall be construed and read together with any other disclaimers contained in this Website. In the event of any dispute or conflict or inconsistency between the Terms and Conditions and the Disclaimers, the Terms and Conditions shall prevail. |
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| 2. |
Information |
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| 2.1 |
The Information provided on the Website is provided on an "as is" basis. |
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| 2.2 |
The Information may be compiled by Kenanga, Related Companies, Employees and/ or obtained from a third party, stock exchange, company and/ or other external sources. |
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| 2.3 |
Information provided on the Website by Kenanga, its Related Companies and/ or its Employees are for your information and meant to educate you about trading in warrants, Kenanga and/ or Related Companies does not warrant or guarantee, regardless whether expressly and/ or impliedly as to the accuracy, completeness, timeliness, authenticity, identity, competency and reliability of any Information whether partly or wholly created, displayed, supplied and / or published on this Website. |
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| 2.4 |
The base prospectuses, supplementary base prospectuses, term sheets and other documents related to structured warrants including any additions, deletions, variations, amendments thereafter contained in this Website are made available solely for information and / or archiving purposes. |
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| 3. |
Offer |
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| 3.1 |
The Information and the contents contained in this Website including indicative terms are provided for your information purposes only. Such information does not constitute or form any part of an offer, a solicitation of an offer, invitation, advertisement, inducement, advice, recommendation, representation of any kind or form whatsoever to buy and/ or sell without limitation, any securities, warrants, structured warrants and/ or any other products, regardless whether it was issued solely or jointly by Kenanga, its Related Companies or any other 3rd party. |
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| 4. |
Investment Advice |
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| 4.1 |
Nothing in this Website (including but not limited to the Information contained in the Website), constitutes investment advice and/ or a recommendation on the merits and/ or demerits of buying, selling or even holding a particular investment or exercising any right conferred by the warrants described. |
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| 4.2 |
Any Information provided in this Website, has been prepared without considering or having regard to your investment objectives, financial situation and/ or particular needs of any particular investor. The Website and the Information contained might not disclose all risks and other significant aspects associated with the trading of or investment in warrants and may not be suitable for any investors. You shall use the Website at your sole and absolute risk, as such you shall use your own independent appraisal of the risks and conduct your own due diligence and/ or consult with your own legal, financial, tax, accounting and/ or other professional advisors in respect of any subscription, acquisition or trading in warrants. |
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| 4.3 |
Information pertaining to the historical performance of a warrant and/ or securities contained on the Website is not indicative of future performance. The price of the warrant and/ or securities may fall in value as rapidly as it may rise and you may sustain a total loss of your investment. |
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| 5. |
Registration |
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| 5.1 |
To register for a member account of this Website, you must represent to Kenanga and/ or its Related Companies that you possess the legal capacity to enter into a legally binding and enforceable contract and/ or agreement(s). |
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| 5.2 |
You agree that all information provided in the registration process for the member account is true, accurate, current and complete. It is your sole responsibility to keep and maintain the factual accuracy and completeness of your own registration information at all times. |
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| 5.3 |
Kenanga and/ or its Related Companies reserve the sole and absolute discretion to terminate your member account for whatsoever reason(s) and without notice. |
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| 5.4 |
You understand that the registration of the member account and Kenanga and/ or its Related Companies receipt of your registration form in no way implies Kenanga and/ or its Related Companies approval for you to be afforded the use of the Website. Kenanga and/ or its Related Companies reserves the unconditional right to reject your request for registration of your member account without obligation to render you any explanation or reason for such rejection. |
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| 6. |
Password and Security |
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| 6.1 |
You understand and agree that, you shall be solely responsible at all times for maintaining the confidentiality of your own user ID and password. |
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| 6.2 |
The onus is on you to notify Kenanga and/ or its Related Companies if your user ID and password, security and/ or confidentiality have been compromised. |
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| 6.3 |
You hereby undertake to fully indemnify and hold harmless Kenanga and/ or its Related Companies against any and all liabilities, cost, damages or losses arising out of or in connection with the member account. |
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| 7. |
Third Party Website Links |
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| 7.1 |
The Website may contain external links to other third party website ("Links") not operated and/ or controlled by Kenanga and/ or its Related Companies. These Links have been provided solely for you to obtain further information and understanding about other relevant products and services in the market. Kenanga and/ or its Related Companies do not make any representations regarding the accuracy or suitability of the information, products or services described in these Links. You are advised to make your own enquiries in relation to third party website described or linked in/ on this Website. |
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| 7.2 |
The inclusion of such Links shall not be construed as an endorsement of this Website. Kenanga and/ or its Related Companies makes no representations and accepts no responsibility regarding the accuracy or suitability of the information, services, products and/ or Information described or appearing in/ on these Links. |
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| 7.3 |
Prior written consent shall be obtained from Kenanga and/ or its Related Companies, if any third parties intend or wish to link these Website in/ on their respective Links. Kenanga and/ or its Related Companies do not authorize the reproduction of any material or information from this Website or any third party Links. |
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| 8. |
Third Party Software |
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| 8.1 |
Some of the software programs that may be downloaded via links or Links (as the case may be) from this Website are products belonging to third parties. You shall use such third party software at your own risk. Such third party software is likely to be subject to licensing terms and conditions imposed by the owner of the software of which the onus to observe such terms and conditions shall be entirely your own responsibility. |
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| 8.2 |
To the full extent permitted by law, Kenanga and/ or its Related Companies exclude all liability in relation to using or downloading any software (third party or otherwise) that may be accessed from this Website. Kenanga and/ or its Related Companies make no representations and provide no warranties in relation to such software. In particular, to the fullest extent permitted by law, Kenanga and/ or its Related Companies excludes all liability for any damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses, spyware, malware or any other consequence of using or downloading any software (third party or otherwise) accessible via this Website. |
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| 9. |
Exclusion of Liability |
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| 9.1 |
The Website is provided on an "as is" basis. Nothing in the Website shall be deemed, construed or interpreted as creating or resulting in any obligation on Kenanga, its Related Companies or Employees to ensure, or constitute any representation or warranty by Kenanga, its Related Companies and/ or Employees that the Website or any part thereof is free from defect, failure or interruption or is fit for your purposes or meets any quality or standard and any such warranties and conditions (whether express or implied by statute or otherwise) are excluded from these Website to the fullest extent permitted by law. You hereby acknowledge that you have relied and rely solely on your own judgment in accessing and using this Website. Kenanga and/ or its Related Companies do not however make or give any warranty with regards to the availability, accuracy or reliability of the Website. |
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| 9.2 |
Kenanga, Related Companies and/ or Employees shall not be liable to you for any damages and/ or losses suffered or incurred by you howsoever caused including but not limited to: |
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9.21 |
the inability to use or the non-availability, of the Website; |
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9.22 |
any errors, defect, malfunction or failure (whether total or partial) of the Website (or any part thereof) or interruption or delay in response time of the Website whether resulting or arising from any repair or maintenance services of the Website; |
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9.23 |
any damage, destruction, breakdown, corruption, mechanical or other defect, howsoever caused, to the Website (or any part thereof); |
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9.24 |
any information or data transmitted through the Website being incomplete, omitted, inaccurate or corrupted; |
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9.25 |
any unauthorised use, access to or alteration of the Website or the information provided through the Website; |
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9.26 |
any other cause whatsoever relating to the Website over which Kenanga and/ or Related Companies have no control over. |
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| 9.3 |
Without prejudice to the generality of the foregoing, neither party shall be liable in any way for any losses whatsoever, howsoever arising including but not limited to, for any indirect losses, consequential losses, incidental damages, lost opportunity or for any claim for anticipated profits. |
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| 9.4 |
Kenanga, Related Companies and/ or Employees shall not be liable for any liabilities, losses, damages, claims, demands, costs, fees and expenses, charges of whatsoever nature suffered and/ or incurred whether directly or indirectly as a result of access and usage of the Website by you, regardless whether in contract, equity or tort and to the extent permitted by law. |
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| 9.5 |
You understand that the Website uses market prices, price feed information and that any Information broadcasted, displayed or provided to you may be delayed, insufficient, incomplete and/ or partial. You hereby specifically acknowledge and accept all risks arising from or in connection with the Website's reliance on delayed, insufficient and/ or partial market prices, price feed information or Information. The onus and responsibility of verifying whether the market prices, price feed information or Information is delayed, insufficient and/ or incomplete shall rest solely with you. |
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| 10. |
Limitation of Liabilities |
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| 10.1 |
In the event any exclusion or the limitation of liability clause hereunder is not enforceable or deemed invalid, Kenanga and/ or Related Companies total liability for any claim for loss damage, costs or expenses shall not exceed RM 1.00 (Ringgit Malaysia One Only). Any such claim must be made no later than thirty (30) days from when the event giving rise to liability first occurred. |
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| 11. |
Copyright |
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| 11.1 |
You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this Website without the written consent of Kenanga and/ or its Related Companies. |
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| 12. |
Privacy Policy |
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| 12.1 |
Kenanga and/ or its Related Companies are subject to applicable laws in connection with privacy. |
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| 12.2 |
Kenanga and/ or its Related Companies are owners of the information collected in this Website. By accessing this Website, you are deemed to have given consent to Kenanga and/ or Related Companies to use the information collected from you in whatever manner Kenanga and/ or Related Companies deems proper. |
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| 12.3 |
These laws set out the current policies of Kenanga and/ or Related Companies regarding the collection, use and/ or disclosure of any Personal Information about you, which Kenanga and/ or Related Companies may receive in the course of the you accessing, or being granted access to the Website and any other services provided through this Website. |
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| 12.4 |
Personal Information about you contained in this Website shall be collected by Kenanga and/ or Related Companies, when you access or are granted use of this Website. The Personal Information will only be used by Kenanga and/ or its Related Companies for including but not limited to marketing purposes, planning, product development and research purposes. Kenanga and/ or its Related Companies may release such Personal Information in relation to you to a third party service provider to perform services for and on Kenanga and/ or its Related Companies behalf. |
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| 12.5 |
If you do not wish to have such information shared with any other party, or if you do not wish to be solicited with product or services offered by Kenanga and/ or its Related Companies, you can inform Kenanga and/ or its Related Companies via the following address:
Kenanga Investment Bank BerhadEquity Derivatives & Structured Products
8th Floor Kenanga International Jalan Sultan Ismail 50250 Kuala Lumpur, Malaysia Tel: 603-2161 4280 Fax: 603- 2713 1378 |
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| 12.6 |
Protecting your privacy is an on-going process. Kenanga and/ or its Related Companies will continue to review the measures taken to safeguard Personal Information. Without limitation to the foregoing, Kenanga and/ or its Related Companies do not have control over the internet, computer, software, system, other incidental equipment or systems used by you to access this Website. Kenanga and/ or its Related Companies cannot guarantee, warrant or represent that any transmission, transaction or activities conducted over the internet and/ or the Website is secure. |
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| 13. |
Governing Law |
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| 13.1 |
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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| 14. |
Termination |
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| 14.1 |
Kenanga and/ or its Related Companies reserve the sole and absolute right to suspend or terminate your account and access to the Website immediately for any reason without notice and without any liability whatsoever. |
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