Provision of "Ansari Financial Services Internet" Service by Ansari Financial Services for execution of local shares trading transactions via the Internet is subject to the following Terms & Conditions:
In these Terms & Conditions, the following terms shall have the meanings indicated opposite thereto below:
"MS": means Ansari Financial Services.
"Customer" or "User": means any natural or juristic person who sets up an account under his/her name with the MS and subscribes to MS Service.
"Service": means "Ansari Financial Services Internet" Service for execution of local shares trading transactions via the Internet.
Local shares trading transactions via the Internet shall included those services the MS shall determine, it its sole discretion, to be covered in the Service as it deems fit from time to time. The Service does not constitute an offer for or solicitation to the Customer to subscribe to any of the investment services provided by the MS.
The Customer hereby authorizes the MS to accept and act upon electronic instructions submitted via the Internet and to respond to any Customer inquiries so received.
The Customer acknowledges and consents that MS has advised him/her, and that he/she has taken note, of current technology restrictions and limitations, limitations and restriction on "Ansari Financial Services Internet" Service utilization, that Service availability without interruption depends on technology applications and level of compliance with the restrictions on Service utilization, and accordingly hereby releases MS from any and every liability which may arise as a result of Customer's inability to use the Service for any reason whatsoever.
The MS will charge the Customer the agreed fees (in consideration for subscription, continuous availability and utilization of the Service) as the MS may prescribe from time to time. The MS reserves the right to alter any fees at anytime immediately after notification to the Customer who hereby authorizes the Bank to charge the fees to any of the Customer accounts held with his/their Bank
The MS reserves the right to refuse to provide the Service to any customer for any reason whatsoever, and to refuse to act upon or respond to any instructions or queries it may receive from the Customer via the Internet without stating any reasons.
The Customer shall keep strictly confidential his/her own USER ID and Password(s), and undertakes to never disclose his/her USER ID to any third party including Bank employees. Accordingly, the MS does not accept liability for any claim or loss resulting from disclosure of the Customer's Password or transactions passed over the account that are not performed by the Customer. If the Customer suspects that any person has knowledge of his/her Password(s), the Customer must immediately notify the MS verbally, written confirmation to follow. The Customer will be solely responsible for all instructions and inquiries actually made or which may be made until the MS receives written confirmation and acknowledges receipt of the notification.
All equipment advanced by the MS to the Customer are and shall remain the exclusive property of the MS. The Customer agrees and undertakes to return these equipment to the MS immediately on demand in their original "as recieved" condition.
The Customer consents and warrants that the Customer will not copy, reproduce or amend any software, pages or documents provided by the MS nor will the Customer download or divert the Service software from any computer or electronic device to any other computer or electronic device.
Either the MS or the Customer may cancel subscription to the Service. If the Customer intends to cancel subscription, a written notice of cancellation must be submitted to the MS. The MS is entitled to cancel the Customer's subscription at anytime without notice to the Customer, and such action shall not create any liabilities on the MSs part to the Customer.
The MS does not accept liability for any losses, damages, costs or expenses whatsoever or howsoever incurred or sustained by the Customer as a result of breach of any of these terms and conditions.
Any costs incurred towards Internet usage to logon to the Service shall be for the Customer's exclusive account.
The Customer authorizes the MS to send Service related advices, notices and/or correspondence in the manner the MS deems fit. The Customer shall be responsible for the confidentiality of all MS generated Customer advices, notices and correspondence.
The MS does not accept liability for any errors or damages resulting from delayed or failed instructions, including:
a. Insufficient account balance to permit execution of the instructions.
b. Insufficient instructions to execute a transaction.
c. Failure to comply with the instructions or guidance given, or unclear or incomplete Customer instructions.
d. Delay or any technical fault at the MSs end or any external agency with which the MS does business.
The MS reserves the right to refuse to execute any transaction without notice or liability.
No failure or delay on the MS s part to exercise any rights or remedy under these Terms & Conditions shall operate as a waiver of such right or remedy, nor will any partial exercise of any right or remedy preclude any subsequent exercise of such right or remedy. Rights and remedies provided herein are supplementary and additional to any other rights or remedies provided under the applicable law.
In no event will MS or its employees be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with logon to the site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even when MS, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
The MS reserves the right to alter these Terms & Conditions at anytime, but will notify the Customer of any alternation in advance of the effective date. Continued utilization of the Service by the Customer constitutes acceptance and agreement of such alterations.
These Terms & Conditions are supplementary to, and shall be governed by, any related terms, conditions and/or agreements executed by the Customer, present or in the future.
These Terms & Conditions are subject to and shall be governed by the prevailing rules and regulations of the United Arab Emirates . The parties hereby irrevocably submit to the exclusive jurisdiction of the Committee for Settlement of MS Disputes for resolution of any disputes arising thereunder.