Provision of "Tadawuly" Service by FALCOM 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:
"Company Name": Falcom Financial Services.
"Customer" or "User": means any natural or juristic person who sets up an account under his/her name with the FALCOM and subscribes to "Tadawuly" Service.
"Service": means "Tadawuly" Service for execution
of local shares trading transactions via the Internet.
Local shares trading transactions via the Internet shall included
those banking services the Company 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 Company.
The Customer hereby authorizes the Company 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 " Falcom Financial
Services " has advised him/her, and that he/she has taken note,
of current technology restrictions and limitations, limitations and
restriction on " Falcom Financial Services " 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 the " Falcom
Financial Services " from any and every liability which may
arise as a result of Customer's inability to use the Service for any
The Company will charge the Customer the agreed fees (in consideration
for subscription, continuous availability and utilization of the Service)
as the Company may prescribe from time to time. The Company reserves
the right to alter any fees at anytime immediately after notification
to the Customer who hereby authorizes the Company to charge the fees
to any of the Customer accounts held with the Company .
The Company 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 Company employees. Accordingly, the Company
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 Company 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 Company receives written confirmation
and acknowledges receipt of the notification.
All equipment advanced by the Company to the Customer are and shall
remain the exclusive property of the Company . The Customer agrees and
undertakes to return these equipment to the Company immediately on demand
in their original "as received" condition.
The Customer consents and warrants that the Customer will not copy,
reproduce or amend any software, pages or documents provided by the
Company nor will the Customer download or divert the Service software
from any computer or electronic device to any other computer or electronic
Either the Company 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 Company . The Company 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 Company's
part to the Customer.
The Company 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 Company to send Service related advices,
notices and/or correspondence in the manner the Company deems fit. The
Customer shall be responsible for the confidentiality of all Company
generated Customer advices, notices and correspondence.
The Company 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
d. Delay or any technical
fault at the Company's end or any external agency with which the Company
The Company reserves the right to refuse to execute any transaction
without notice or liability.
No failure or delay on the Company'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 Company 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 Company , or representatives thereof, are
advised of the possibility of such damages, losses or expenses.
The Company 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 Country Name. The parties hereby
irrevocably submit to the exclusive jurisdiction of the Committee for
Settlement of Banking Disputes for resolution of any disputes arising