https://www.efghldg.com (the “Website”) is administered by EFG Holding S.A.E. and its affiliates (collectively, “EFG”). By accessing the Website, you agree to be bound by the terms and conditions set out below (the “Terms and Conditions”). You acknowledge, agree, and declare that EFG reserves the right to amend the Terms and Conditions, at any time, at its sole discretion, by posting a revised version and, if EFG considers it necessary, EFG will notify you of any changes. You acknowledge, agree, and declare to be bound by any amendments to the Terms and Conditions.
You acknowledge, agree, and declare that the information, the content, the data, and the services which appear on the Website or which are made available to you by EFG (or by any third party) on the Website (the “EFG Data”) are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use (i) would be contrary to any applicable laws or regulations, or (ii) would subject EFG (or the relevant third party) to any registration requirement within such jurisdiction or country.
You acknowledge, agree, and declare that the EFG Data is provided on an "as is" basis. You acknowledge, agree, and declare that EFG does not warrant the accuracy, validity, completeness, timeliness, usefulness, subject matter, and/or quality of the EFG Data, either expressly or impliedly, for any particular purpose, and EFG expressly disclaims any warranties of merchantability or fitness for a particular purpose.
You acknowledge, agree, and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and any third party contractors thereof shall not be liable for any claims, actions, losses, liabilities, costs, damages (financial, moral, or otherwise), and expenses (including, without limitation, attorney’s fees, charges and disbursements) (the “Losses”) incurred by you as a result of your reliance on/use of the EFG Data.
You acknowledge, agree, and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and any third party contractors thereof shall not be liable for any Losses incurred by you, as a result of (i) any failure or interruption affecting the Website, (ii) any act or omission of any party involved in making the Website or the EFG Data available to you, or (iii) any other cause relating to your access to/use of the Website or inability to access/use the Website, in each case, whether or not the circumstances giving rise to such cause may have been within the control of EFG, its officers, directors, managers, partners, shareholders, agents, successors, and assigns, or any third party contractors thereof providing software or services support.
You acknowledge, agree, and declare that in no event shall EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and any third party contractors thereof be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages (including, but not limited to, loss of profits, income, revenue, goodwill, data, and/or any and all intangible damages) of any kind even if EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and any third party contractors thereof have been advised of the possibility thereof.
You acknowledge, agree, and declare that in the event that you access a link contained on the Website, and you view/access information, content, data, services, and software that is not provided/made available by EFG (the “Third Party Data”), you do so at your own risk. You acknowledge, agree, and declare that (i) the Third Party Data will not have been developed or otherwise reviewed by EFG, and (iii) EFG does not warrant the accuracy, validity, completeness, timeliness, usefulness, subject matter, and/or quality of the Third Party Data, in which case, you acknowledge, agree, and declare that EFG shall not be liable for any Losses incurred by you as a result of (a) your reliance on the Third Party Data, or (b) any delays, defects, and/or omissions that may exist in the Third Party Data, whether actual, alleged, consequential, or punitive.
You acknowledge, agree, and declare that EFG does not warrant the accuracy, validity, completeness, timeliness, usefulness, subject matter, and/or quality of any electronic content provided/made available by any third party (including, but not limited to, the Third Party Data), in which case, you acknowledge, agree, and declare that EFG shall not be liable for any Losses incurred by you as a result of relying on any electronic content provided/made available by any third party (including, but not limited to, the Third Party Data).
You undertake not to (i) download any portion of the EFG Data, (ii) copy, reproduce, republish, distribute, and/or transmit any portion of the EFG Data, and/or (iii) remove or obscure any copyright or other notices or legends contained in any such EFG Data.
You acknowledge, agree, and declare that your access to the Website and your access to the EFG Data shall not to be construed as (i) an investment advice made by EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof, (ii) an offer by EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof to buy or sell any security, and/or (iii) a solicitation by EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof for an offer to buy or sell any security, financial product, or instrument, or to participate in any particular trading strategy, and in each case, in any jurisdiction in which such an offer, solicitation, or trading strategy would be illegal. You undertake to seek financial guidance when determining whether an investment opportunity/strategy is appropriate/suitable for you. You acknowledge, agree and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof shall not be liable for any Losses incurred by you as a result of any transaction undertaken/executed by you.
You acknowledge, agree, and declare that the EFG Data shall not be construed as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, and you undertake to seek guidance from your business advisor, attorney, and tax and accounting advisors, in the event that you contemplate undertaking/executing any transaction, in which case, you acknowledge, agree and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof shall not be liable for any Losses incurred by you as a result of any transaction undertaken/executed by you.
You acknowledge, agree, and declare that (i) investing in securities is subject to various risks, including, among others, market risk, currency risk, default risk, and liquidity risk, (ii) income from securities, and their value or price may fluctuate, (iii) basis and levels of taxation may change, which would impact the expected return from such securities, and (iv) foreign currency rates of exchange may affect the value of or income from any security, in which case, you undertake to seek financial guidance when determining whether an investment opportunity/strategy is appropriate/suitable for you, and you acknowledge, agree and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof shall not be liable for any Losses incurred by you as a result of any transaction undertaken/executed by you.
You acknowledge, agree, and declare that any mention herein of the risks associated with undertaking/executing transactions involving the sale and purchase of securities should not be deemed to be a disclosure of all risks or a complete discussion of the risks which may materialize, in which case, you acknowledge, agree and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof shall not be liable for any Losses incurred by you as a result of any transaction undertaken/executed by you.
You acknowledge, agree, and declare that EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof shall not be liable for any Losses incurred by you as a result of the suspension of, interruption of, or unavailability of the Website.
You acknowledge, agree, and declare that EFG takes reasonable steps to maintain the security of the Website, and you acknowledge, agree, and declare that security risks are constantly evolving, and that no platform, including the Website, is immune to cyberattacks and/or unauthorized access, and you acknowledge, agree, and declare that EFG cannot guarantee that an unauthorized access or breach to the Website will never occur, in which case, you acknowledge, agree, and declare that the foregoing is an inherent risk, and you acknowledge, agree, and declare that EFG shall not be liable for any Losses incurred by you as a result of any cyberattack, unauthorized access, hacking, or other security breaches which affect the Website. You undertake to implement your own security measures.
You acknowledge, agree, and declare that EFG may use third party service providers to support the Website’s functionality, and you acknowledge, agree, and declare that these third party service providers implement their own security measures and practices, which EFG cannot guarantee, in which case, you acknowledge, agree, and declare that EFG shall not be liable for any Losses incurred by you as a result of any third party service providers’ security measures and practices.
You undertake:
EFG warrants that it is the owner of or is licensed to use the Website and the EFG Data (as applicable). You acknowledge, agree, and declare that EFG shall retain all rights, title, and ownership of its own intellectual property rights, including, but not limited to, the Website and the EFG Data, and nothing herein shall be construed as granting you any intellectual property rights of EFG or of any third party contractors thereof. You undertake not to infringe on any of EFG’s (or any of its third party contractors’) intellectual property rights.
You undertake to indemnify and hold EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof harmless from and against any Losses incurred by EFG, its officers, directors, managers, partners, shareholders, agents, successors, assigns, and/or any third party contractors thereof as a result of any of your acts and/or omissions, whether or not any such act and/or omission constitutes a breach of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt. All disputes arising out of or in connection with these Terms and Conditions, including without limitation, in relation to the interpretation or implementation thereof, shall be finally resolved by arbitration under the Arbitration Rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) (the “Rules”). The number of arbitrators shall be one (1), to be appointed in accordance with such Rules. The seat of arbitration shall be Cairo, the Arab Republic of Egypt. The arbitration proceedings shall be conducted in the English language.
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