EFG HERMES ONE - TERMS AND CONDITIONS
‘EFG Hermes One’ is a state-of-the-art online securities trading platform, which is administered by EFG Holding S.A.E. and its affiliates (collectively, “EFG”), and which may be accessed by users via a website (which is accessible via [●]) (“www.efghermesone.com”)) and/or via the ‘EFG Hermes One’ mobile application (which is downloadable from the App Store, for iOS users, or from Google Play for Android users (the “App,” and together with the Website, the “Platforms”)). By using ‘EFG Hermes One’ on the Platforms, you agree to be bound by the terms and conditions set out below (the “Terms and Conditions”) by EFG. 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.
DISCLAIMER; NO WARRANTY; LIMITATION ON LIABILITY
You acknowledge, agree, and declare that the information, the content, the data, the services, and the software which appear on the Platforms or which is made available to you by EFG (or by any third party) on the Platforms (the “EFG Data”) is 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 Platforms, (ii) any act or omission of any party involved in making the Platforms or the EFG Data available to you, or (iii) any other cause relating to your access to/use of the Platforms or inability to access/use the Platforms, 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.
NO REPRESENTATIONS MADE AS TO OTHER SITES OR LINKS
You acknowledge, agree, and declare that in the event that you access a link contained on the Platforms, 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).
Copyright
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.
DATA NOT TO BE CONSTRUED AS ADVICE OR SOLICITATION OR RECOMMENDATION
You acknowledge, agree, and declare that your access to ‘EFG Hermes One’ on the Platforms 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, and you acknowledge, agree, and declare that you shall be solely responsible for any transaction undertaken/executed via ‘EFG Hermes One’ on the Platforms. 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 via ‘EFG Hermes One’ on the Platforms.
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 via ‘EFG Hermes One’ on the Platforms, 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 via ‘EFG Hermes One’ on the Platforms.
RISKS
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 via ‘EFG Hermes One’ on the Platforms.
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 via ‘EFG Hermes One’ on the Platforms.
SYSTEM OUTAGES
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 Platforms.
SECURITY
You acknowledge, agree, and declare that EFG takes reasonable steps to maintain the security of the Platforms, and you acknowledge, agree, and declare that security risks are constantly evolving, and that no platform, including the Platforms, 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 Platforms 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 Platforms. You undertake to implement your own security measures.
You acknowledge, agree, and declare that EFG may use third party service providers to support the Platforms’ 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.
RESTRICTED ACTIONS
You undertake:
1. not to engage in any activity that may compromise the security or integrity of the Platforms or the EFG Data;
2. to maintain the confidentiality of any usernames, passwords, or other credentials associated with the Platforms and/or ‘EFG Hermes One’;
3. not to share your credentials, which are associated with the Platforms and/or ‘EFG Hermes One’, with any third parties or allow unauthorized access to your accounts on the Platforms;
4. to use the Platforms only for their intended purpose and to refrain from unauthorized access attempts, reverse engineering, or any other activity that compromises the security of the Platforms or their users;
5. not to use the Platforms for any unlawful or unauthorized purpose, including but not limited to hacking, spamming, or distributing malware; and
6. to promptly report any security vulnerabilities or incidents you discover to EFG.
PRIVACY POLICY AND ADDITIONAL AGREEMENTS
You acknowledge, agree, and declare that, in order to avail the benefits of ‘EFG Hermes One’ on the Platforms, you must first consent to being subject to these Terms and Conditions and EFG’s privacy policy (which is accessible via [●]) (the “www.efghermesone.com/privacyPolicy”). Additionally, you acknowledge, agree, and declare that in order to trade in securities online via ‘EFG Hermes One,’ you must consent to being bound by the terms and conditions of the Brokerage Account Opening Form (to be entered into with Hermes Securities Brokerage S.A.E.) and the Custody Agreement (to be entered into with EFG Holding S.A.E.) (the “Services Agreements”). Notwithstanding any of the foregoing, consenting to being subject to or bound by (as applicable) to the Terms and Conditions, the Privacy Policy, and the Services Agreements does not guarantee that EFG will automatically grant you the right to trade in securities online via ‘EFG Hermes One’ on the Platforms. You acknowledge, agree, and declare that the foregoing is subject to, among other things, the terms and conditions of the Service Agreements, EFG’s internal compliance policies and procedures, and approvals granted by regulatory authorities.
You acknowledge, agree, and declare that the Privacy Policy and the Services Agreements constitute an integral part of these Terms and Conditions, supplementary and complementary thereto, and vice-versa.For the avoidance of doubt, you acknowledge, agree, and declare that your personal data will be transferred/processed by EFG in accordance with the Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge, agree, and declare that, by virtue of these Terms and Conditions, EFG grants you the non-exclusive, non-transferrable, non-sublicensable, royalty-free, limited license to use ‘EFG Hermes One’ on the Platforms. EFG warrants that it is the owner or is licensed to use the intellectual property rights granted herein (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, ‘EFG Hermes One,’ the Platforms, 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 acknowledge, agree, and declare that upon the termination or expiration of these Terms and Conditions, any and all rights granted herein to you shall cease, and you undertake to immediately cease the use of EFG’s (or any of its third party contractors’) intellectual property rights.
INDEMNIFICATION
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.
TERMINATION
You acknowledge, agree, and declare that EFG shall be entitled, at any time, at its sole discretion, with or without cause, to either suspend your access to ‘EFG Hermes One’ on the Platforms or to terminate these Terms and Conditions, 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 such suspension or termination.
GOVERNING LAW AND DISPUTE RESOLUTION
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.