1. These Terms and Conditions govern your access and use of the Jubilee Asset Management Limited Client Portal (“Site”), and any content and services offered to you through the Site. By registering and/or accessing the Site, you agree to be bound by these Terms and Conditions.
2. Jubilee Asset Management Limited is authorized by the Capital Markets Authority (“CMA”) and regulated by CMA in the conduct of fund management services under the Capital Markets Act (“the Act”) and its subsidiary legislations.
3. These Terms and Conditions govern your participation and use of the JAML Site and shall become effective when you register/and or access the services in the Site. By accepting the terms, you will be deemed to have carefully read, fully understood, and unconditionally agreed to be bound by these Terms and Conditions.
4. Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on the Site.

These Terms and Conditions shall be read together with the Jubilee Unit Trust Collective Investment Scheme Terms of Business, and the Data Processing Consent Form (collectively this “Agreement”) which are available on the Site and shall together, constitute the terms of your Agreement with us including any content, component, functionality, and/or service offered by us.

In these Terms and Conditions:

• “Account” means a Client Account held with Jubilee Unit Trust Collective Investment Scheme
• “Authorised Representative” means any person who is duly authorized in writing by the Client to act on their behalf in dealing with JAML, including but not limited to giving instructions and other transactions in relation to the Site.
• “Client” means any person, firm, partnership, or corporate body who has an Account and has been granted access by JAML to the Site (and includes its representatives, agents, employees, successors in title, and assigns).
• “Client Portal” means the electronic portal and communications software provided by JAML to enable the Client to transact electronically.
• “Intellectual Property Rights” means proprietary rights, title, and interest in and to all names, logos, trademarks, copyrights, patents, and all other intellectual property of whatever nature, description, or form, acquired by JAML and/or Jubilee Holdings Limited at any time thereafter.
• “Mandate” means the mode of operation of the Account as specified by the Client in the Application Form.
• “Password” means any Code, PIN, User ID, One-Time Password (OTP), or any other additional authentication methods implemented by JAML for authentication/verification of your identity.
• “Products” means any Unit Trust Funds offered by JAML through the Site.
• “Site” means the Jubilee Asset Management Client Portal.
• “Taxes” means all present and future taxes, levies, duties, charges, assessments, deductions or withholdings whatsoever.
• “Transaction” means any dealing, activity, or operation carried out in relation to an Account.
• “Username” means an identification code selected by us for operating the Site.
• “we”, “us”, or “our” means Jubilee Asset Management Limited.
• “you” or “your” means any Client(s) accessing the Site.

1. To gain access to the Site, you shall be required to sign-up on the Site, which requires the provision of certain personally identifiable information, including but not limited to your name, PIN Number, your phone number, and your email address (“User information”). You agree that you will provide true, accurate, current, and complete user information in connection with the registration process. The following conditions shall be prerequisites for registration and access to the Site:
   • You must possess the requisite legal capacity to enter binding contractual relationships under applicable law
   • A complete online application form must be submitted, duly executed and containing all required information. Such application shall include, without limitation, your legal name together with any additional information that may be prescribed from time to time
   • You are responsible for ensuring that your registration details are up to date
   • JAML reserves the right, at its sole discretion, to decline any application for registration where, the prescribed Account opening requirements have not been satisfied; or satisfactory proof of identification has not been furnished in accordance with the required know-your-client requirements
2. The processing of your application and the subsequent registration for access to and use of the Site shall be done as per the Jubilee Unit Trust Collective Investment Scheme Terms of Business. We reserve the right to request for additional information from you to enable us to process your application.
3. We shall provide you with a Username and Password or any other authentication method (“Credentials”) for your access to the Site. You hereby agree to keep your Credentials secret and not to disclose them to any third party. You shall take all reasonable care to prevent unauthorized or fraudulent use of the Site using your Credentials. We will not be held liable for any losses arising from the unauthorized use of your Credentials. You agree that:
   • You are solely responsible for all activities that occur under your Account, Password, and Username
   • You are solely responsible for maintaining the confidentiality of your Password and for restricting access to your Account so that third parties do not access any Password protected portion of the Site using your name, Username, or Password
   • You will not sell, transfer, or assign your Account or any Account rights
   • You agree to hold harmless JAML for any losses that might arise from unauthorized disclosure of your login credentials
   • You are responsible for all instructions given to JAML in relation to your Account; and
   • JAML shall deem each correct login credentials entry as being performed by the legitimate owner of the Account and shall regard all subsequent transactions as validly performed by you
4. It is your sole responsibility to familiarize yourself with the operating procedures of the Site as will be provided by JAML upon your registration, access and use of the Site. JAML will not be liable for any losses incurred as a result of your errors of commission and/or omission in using the Site.
5. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then JAML reserves the right to suspend or terminate your Account without recourse to you.
6. We may in our sole discretion terminate your access to or use of the Site for any reason, including without limitation where we believe that you have not acted in accordance with these Terms and Conditions.
7. While we will endeavour to ensure that the Site is available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Also, your access to the Site may be suspended temporarily or restricted without notice to allow for repairs, maintenance, or the introduction of new Products, or Services. We will make all reasonable efforts to notify you of any changes or updates.

1. In the event of two or more Clients holding a joint account, you shall all be jointly and severally liable for the obligations of all and any of you under this Agreement or in any other dealings between you and us.
2. All Instructions submitted through the Site shall be processed in accordance with the Mandate specified in the Application Form. JAML reserves the right to suspend the processing of any instructions where conflicting directives are received from joint Account holders, pending resolution of such conflict to JAML"s satisfaction.

1. You shall maintain as confidential and diligently safeguard from disclosure and/or use by any unauthorized person(s), your Credentials. You further agree and undertake that:
• Save for requiring the input of Credentials, JAML is under no obligation to make any investigations regarding the identity of any user gaining access to the Site
• You shall be responsible for the use of the Credentials and any other authentication methods/devices used to access the Site by your authorized representatives, or any other third parties
• JAML can rely on the authenticity of transactions conducted by use of the Credentials. If we have reason to doubt the genuineness of any instruction or transaction, we may, at our own discretion, choose not to process the instruction and/or transaction initiated through the Site
2. At your own risk and responsibility, you irrevocably and unconditionally accept as binding any transaction and/or instruction made or given in connection with the Site by any authorized personnel, or any other third parties using the Credentials. JAML’s records of any transaction or instructions processed in connection with the Site shall constitute binding and conclusive evidence of such transaction or instruction for all purposes.
3. You agree that you shall notify us immediately should you suspect or become aware that your Credentials have been compromised, through our customer service team.

1. These Terms and Conditions govern your use of the Site and by accessing this Site, you agree to be bound by them.
2. We reserve the right to change these Terms and Conditions at any time and without notice to you and your continued access to or use of this Site following any such change shall constitute your acceptance of the revised Terms and Conditions.
3. JAML reserves the right to accept or decline any application for access to and use of the Site at its sole discretion.
4. You agree and undertake to be bound by and to comply with all the procedures for access and use of the Site. We shall not be bound by or obliged to take any action on any instructions which do not properly comply with such procedures.
5. This Site is available to individuals holding individual Client Accounts and Joint Client Accounts. All Accounts will be operated according to the Mandates specified in the Application Form.

1. The entire design and content of the Site is the copyright of JAML and/or Jubilee Holdings Limited. All trademarks, brand names, logos and designs used on this Site are our intellectual property and we remain exclusively entitled to all rights and interests relating to such intellectual property.
2. Any unauthorized downloading, reproduction, transmission, modification, distribution or republication of JAML materials or intellectual property, without the express prior written consent of JAML and/or Jubilee Holdings Limited is strictly prohibited.

1. Where we provide hypertext links to third party internet websites, such links are provided for your information and convenience and the inclusion of any link is not an endorsement by us in any way to any Products or services in such websites. Your use of such links is entirely at your own risk, and we accept no responsibility or liability for the content, use or availability of such websites or for any loss or damage, however arising as a result of their use.

Nothing on the Site shall be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment product or to engage in any other transactions or provide any financial advice.

1. Although we have taken all reasonable care to ensure that the information provided on the Site is accurate and up to date, we make no representations or warranties of any kind, express or implied, with regard to the accuracy, timeliness, reliability or completeness of any such information.
2. Opinions and any other contents on this Site are provided by us for your personal use and informational purposes only and are subject to change without notice. If you are in any doubt as to the validity of information made available on the Site, feel free to check with us.
3. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

1. You agree to indemnify and absolve us against any law suits, losses, charges, damages, liabilities, expenses (including legal fees), fees or claims (including claims by third parties) that we may suffer, incur or that may otherwise result as a consequence of your breach of these Terms and Conditions or as a result of any reliance by us on any instructions or information issued by yourself or purported to be issued by yourself and/or on your behalf.
2. To the maximum extent permitted by law, we will accept no liability in any event including (without limitation) for negligence, and/or for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses that may result to you or a third party arising out of, or in connection with
   • Your use or inability to use the Site, or
   • your downloading of any material from the Site or
   • any error, omission, defect, computer virus( including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property, or system failure), loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in, or linking to other sites from the Site or the material on such websites; or
   • Any action based on the content of this Site or any use or application of the same or any error or omission relating to the transmission of the content of this Site.
3. JAML shall not be held liable for the quality of service, any interruptions, malfunctions or disruptions from your internet service provider, telecommunications provider or any other third party.

1. We reserve the right to modify or suspend this Site or any part of it without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of this Site. We will make all reasonable efforts to notify you of any disruptions to the Site.

1. It may be necessary for us to process data (including personal information) received through the Site in accordance with our Data Privacy Policy and Processing Consent Form.
2. You hereby acknowledge and consent to our processing, storage, and use of such data for the performance of our business services as provided in the Data Protection Act, 2019 and its attendant regulations.

1. The Laws of Kenya shall govern these Terms and Conditions.
2. You may contact us through our customer care contacts provided on the Company’s website to report any disputes, claims or discrepancies in relating to the Site. If a dispute regarding the services offered under the Site is not resolved by our customer care representatives within the stipulated timelines provided in the Jubilee Unit Trust Collective Investment Scheme Terms of Business, you may notify us in writing on JAMLCompliance@jubileekenya.com.
3. If the dispute is not resolved within thirty (30) days of such notification, you or we may refer the dispute to a court of competent jurisdiction. To the extent permissible by law, the determination of the court shall be final, conclusive and binding upon the parties hereto.

1. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement resulting from an event of Force Majeure. Force majeure event means any cause beyond the affected Party’s reasonable control, which includes strikes, lockouts (other than protected strikes and lockouts), communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement
2. The failure of a party to fulfil any of its obligations hereunder shall not be considered a breach/default insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out its obligations.
3. If such delay or failure continues for at least thirty (30) days, then either Party may terminate their engagement by notice in writing to the other party.

1. Severability: In the event any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, such offending provision(s) shall not make the rest unenforceable, and the remainder of the Terms and Conditions shall remain legal, valid, and binding.
2. Waiver: The failure by you or us to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor to operate to bar the exercise or enforcement of any such or other right on any later occasion.
3. Assignment: You may not assign any right or obligation that may arise under these Terms and Conditions without our consent.
4. Notice: Any notice or communication required to be given hereunder may be delivered by hand or email (with confirmation of delivery) at an address communicated by either party by notice in writing.
5. Partnership/Agency: No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
6. Entire Understanding: This Agreement constitute an understanding between you and JAML. All prior written or oral agreements, understandings, communications, or practices between you and us is hereby superseded as far as they relate to the Site