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Terms and Service

 

Introduction to the terms and conditions 

This platform is operated by Hedgefide Limited (“Hedgefide”), a financial services firm licenced by the Securities and Exchange Commission of Uganda (“SEC”). Hedgefide is a mobile platform developed and managed by Hedgefide which provides consumers with access to a broad range of financial service products such as Treasury Bills, Insurance, Fixed Deposit, Equities and Government Bonds which are available via a mobile application or web device.

Hedgefide does not give investment recommendations to customers and past performances of investments on the App/website does not guarantee or indicate future results. Please consider among other important factors, your investment objectives and Hedgefides pricing before investing. Please note that neither Hedgefide nor the Hedgefide is an issuer of these investment products, and the Hedgefide platform is just an avenue through which the customers can access investment products.

Hedgefide logo, branding and other works in respect of which intellectual property rights may subsist shall remain the intellectual property of Hedgefide and the rights in those works shall remain vested in Hedgefide.

TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS AND CONDITIONS:

a. Introduction: These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”) govern your access and use of the Website: hedgefide.com and or downloading our mobile application (the “Hedgefide App”), including any content, component, functionality and/or service offered on or through Website or Hedgefide App (collectively and together with Website and Hedgefide App, the “Platform”) owned or controlled by Hedgefide Partners Limited (“Company” or “Hedgefide” or “we” or “our” or “us”), as a registered user of the Platform (a “user” or “User”). All reference to “you” or “your” or “Customer”, as applicable, mean a user and/or the Person who accesses, uses and/or participates in Platform in any manner, and such Person’s heirs, assigns, and successors. If you use the Platform on behalf of an entity, “you” or “your,” as applicable, means that entity and its affiliates and their respective directors, officers, employees, and agents.

b. Acceptance of these Terms. BY USING OR DOWNLOADING THE HEDGEFIDE APP OR ACCESSING OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS ON YOUR OWN BEHALF AND ON BEHALF OF ANY ORGANIZATION YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY UPDATES TO OR MODIFIED VERSIONS THEREOF), YOU SHOULD DISCONTINUE USE OF PLATFORM IMMEDIATEL

c. Your Duty to Regularly Review these Terms. Your use of Platform is governed by the version of the Terms in effect on the date Platform is accessed by you. Company may modify these Terms at any time and without notice. You should review the most current version of these Terms by regularly visiting Platform and clicking on the Terms and Conditions hyperlink.

d. Third-Party Provider Services. The Platform may offer you the option to enter into relationships and agreements with Third-Party Providers for access to additional services, As a condition to having access to those Third-Party Provider services, you may be required to enter into various agreements with a Third-Party Provider such as, for example, any customer, service or account agreements. Provided that Hedgefide or Hedgefide does not make any representation as to the expertise or qualification of any Third-Party Provider and shall not have any liability that may arise pursuant to your engagement, arrangement or agreement with the Third-Party Provider

2. GENERAL

The Platform may include or make available certain content (the “Content”), which includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, educational material and information and data concerning the financial markets; (3) market data such as prices and returns for securities transactions and/or (4) wallet balance, amount invested, simulation calculators; (5) account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Company, and Marks owned by Third-Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is supplied, distributed, provided or delivered by a Third-Party Provider (the “Third-Party Content”) such as information, services or software, made available by, through or on the Platform.

3. LEGAL AGE:

You must be at least 18 years of age to become a user of the Platform. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms of Use.

4. ACCOUNTS:

·  To gain access to the services we offer on Hedgefide, each client is required to sign-up on the Platform through the Hedgefide App or website Hedgefideng.com, which would require the provision of certain personally identifiable information, including but not limited to your name, your phone number, your address, your email address, Bank Verification Number (BVN) (“Client information”). You will select your own password at the time of registration, and you agree that:

·  You are eighteen years of age and otherwise comply with applicable law;

·  You will not use a username (or e-mail address) that is already being used by someone else, or that infringes the intellectual property or other right of any person or entity, or is offensive;

·  You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process;

·  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 mobile device so that others may not access any password protected portion of Platform using your name, username, or password;

·  You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and

·  You will not sell, transfer, or assign your account or any Account rights.

OPTING TO CREATE AN ACCOUNT ON THE PLATFORM, SATISFIES THAT YOU HAVE ACCEPTED ALL OUR TERMS AND CONDITIONS.

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 we may suspend or terminate your account without recourse to you. You agree that you will make available upon request, up to date identification and any other additional information, in order to keep it true, accurate and current. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, with or without notice to you and without liability.

5. MEANS OF ACCESS:

Website is generally intended to be viewed by a conventional web browser. The Platform can also be viewed on a device with an Android or iOS operating system. Although you may use other means to access the Platform, be aware that the Platform may not appear accurately through other access methods. You also agree that you use the devices or access the Platform only at your own risk.

6. ACCOUNT SECURITY:

You are responsible for ensuring the safety of your Account. You must install the latest version of any mobile applications that we publish from time to time. These updates often include improved security or fixes for recently discovered vulnerabilities. We will take reasonable steps consistent with our legal duties to protect your Company Account and secure it, however we are not liable for security breaches that may occur where we have complied with those obligations.

7. SITE AVAILABILITY:

While we have put resources into building and testing our application, glitches, slowdowns, and crashes may occur. We will also need to restrict access to some parts of our website/application to perform routine maintenance. We will try to schedule our maintenance during the middle of the night. While it is our intention that our website will be available seven days a week except when maintenance is scheduled (usually for weekends or any other day in the case of an emergency), you understand that we do not guarantee that you will always be able to access the Platform.

8. PRODUCT AVAILABILITY:

We provide various Financial products on the Platform which are obtainable to individuals who create an account and provide the necessary registration requirements. After which an array of investment products are available to the client. We are constantly improving our services on the Platform and therefore reserve the right to modify or change our Platform or any of our offerings, temporarily or permanently with or without prior notice to you.

9. NO RECOMMENDATIONS OR INVESTMENT ADVICE:

You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold the Company or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider. Past performance data should not be construed as indicative of future results.

10. EXECUTION OF ORDERS:

All transactions on Hedgefide are executed through Hedgefide or its financial partners. The decision to accept to reject a customer’s order is at the sole discretion of Hedgefide and any of its financial partners. Transactions on the Platform are guided by laws and regulations of the Uganda financial market and its regulators.

11. ORDER CANCELLATION/MODIFICATION:

Customer acknowledges that it may not be possible to cancel/ modify an order and that the Customer is responsible for executions notwithstanding a cancel/modify request.

12. EQUITY TRADE SETTLEMENT:

Clients that opt for the purchase of equities on the application/ platform should note that an account with the Central Securities Clearing System (CSCS) is created on behalf of each client by Hedgefide Securities Limited. Equity transactions are settled three (3) days after execution of trade. The Customer hereby acknowledges that by purchasing equities on the application, the customer will opt out of direct cash settlement and all funds shall be deposited into the customer’s wallet on the Hedgefide application.

13. CONFLICT OF INTEREST AND DISCLOSURE:

Executives and former executives of Companies which they wish to purchase shares of, shall comply with the Company's Insider Trading Policy and Securities and Exchange Commission (SEC) Uganda Rules and Guidelines , including but not limited to those that relate to non-disclosure of information, insider trading and individual reporting requirements and shall specifically abstain from discussing the non-public aspects of the Corporation’s business affairs with any individual or group of individuals. Such executive hereby agrees to immediately notify the Corporation’s Compliance Officer or Chief Financial Officer in accordance with the Corporation’s Insider Trading Policy prior to acquisition or disposition of such Corporation’s securities

14. CONFIRMATION OF INVESTMENTS:

·  All client investment orders accepted on Hedgefide are backed-up by a confirmation message, while investment orders rejected receive a rejection message. However, confirmation or rejection messages may be delayed due to computer system issues. Therefore, the client is to monitor each investment order until Hedgefide confirms the status of each transaction. Customer agrees to notify Hedgefide immediately by telephone or electronically through the Hedgefide website if:

·  Customer fails to receive an accurate information on investment orders executed. Provided that the Customer shall make an immediate report to Hedgefide of an error upon receipt of the email notification of an investment and in any case not later than 30 days from the date of the receipt of the said email. Where the Customer doesn’t make such report within the aforementioned timeframe, it shall be deemed that there is no error and the Customer waives any right to claim against Hedgefide as a result of such error;

·  Customer receives a confirmation for an investment order that the Customer did not place; or

·  Customer receives an account statement, confirmation or other information reflecting inaccurate orders, balances, positions, or transaction history. Customer acknowledges that Hedgefide may adjust Customer's account to correct any error. Customer agrees to promptly return to Hedgefide any assets erroneously distributed to Customer.

15. MATURITY OF INVESTMENT:

Any financial options offered on the platform/app have a maturity date, which each client agrees to before purchasing a product. Mode of operation for remittance of principal and interest at maturity is fixed on products like; T-bills, FGN Bonds, Fixed Deposit where at maturity date the principal and interest earned are moved to the customer’s wallet after which the customer can transfer to their bank accounts upon verification that the bank account details belong to the customer. All bank charges, including taxes, applied during the transfer of funds to accounts are fully borne by the customer. Where a Customer is exempted from paying taxes, it is the Customer’s duty to provide Hedgefide with a signed declaration form.

16. PRE-LIQUIDATION:

Certain products listed on Hedgefide provides the customer the opportunity for early termination with a penalty. The extent of the penalties depends on the nature of the investment product and can only be done thirty (30) days after investment has been made.

17. CLIENT PROTECTION CLAUSE:

Hedgefide undertakes, to the extent required under law, to protect the privacy of all information provided by users of Hedgefide except in instances of disclosure to law enforcement agencies and or statutory agencies to assist in the prevention or detection of fraud or other criminal activities.

18. CONTACT:

·  If you require help or have questions or complaint about Hedgefide, please call our customer care centre  or email info@hedgefide.com

19. ANTI-MONEY LAUNDERING AND COUNTERTERRORISM FINANCING:

·  It is the policy of Hedgefide to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with and implementing all applicable regulations.

Our AML/CTF policies, procedures and internal controls are designed to ensure compliance with all applicable anti-money laundering and counterterrorism financing rules and regulations and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business.

You agree and understand that Hedgefide shall at its discretion, or as may be directed by relevant law enforcement agents from time to time, undertake relevant checks and due diligence from time to time to undercover money laundering and terrorism financing activities, in which case, Hedgefide reserves the right and discretion to exercise all powers to prevent such criminal activities, which powers shall include imposing a complete prohibition or restriction of access to the user’s account and reporting to relevant law enforcement agencies.  Hedgefide reserves the right, upon a written notice of 30 (thirty) days, to terminate any investment and close a Customer’s account in the event that continuing the investment becomes illegal and/or does not conform to regulatory requirements. You agree to such transfer of your personal data when Hedgefide makes such report and agree that any such report to the law enforcement agents shall not be deemed to be a breach of your right to privacy.

20. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY

·  YOUR WARRANTIES:

You represent and warrant to Hedgefide Partners Limited that

(a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful

(b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy,

(c) your acceptance and use of the Site and/or Application pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and

(d) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO WARRANTIES. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORM AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION OR ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

LIMITATION OF LIABILITY.

COMPANY AND THIRD PARTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE. COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, SITE CLOSURE, SITE BREAK DOWN WITH ANY BALANCES, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF PLATFORM AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH COMPANY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

21. INDEMNITY:

The  Customer  shall  indemnify  and  hold  Hedgefide and  its  officers from  any  and  all  liabilities,  losses,  reasonably  incurred  costs,  reasonable  and receipted expenses  (including  reasonable  attorneys’  fees), and  damages suffered by Hedgefide or  any  of  its  officers arising  out  of  or  related  to  any  and  all  claims  made  by  third  parties,    arising  and  directly  due  to  a  breach  made  by  the  Customer  of  any  of  its  obligations  under  this  terms or a misuse of the platform or any  breach  of  law, warranty, negligence, or willful misconduct by the Customer

22. DEATH:

·  In the case of the death of any Customer, the funds held by Hedgefide on account of such Customer’s investment or account shall remain in the investment and shall only be paid in accordance with the laws relating to the administration of estate in the deceased client's domicile prior to death.

Miscellaneous

·         These Terms are governed by the laws of the Federal Republic of Uganda

·         Customer agrees to the provision of these Terms in English and represents that the Customer understands the terms and conditions. These Terms contains the entire agreement between the parties, who have made no other representations or warranties. If any provision of this Terms is unenforceable, it shall not invalidate other provisions. Failure of HEDGEFIDE to enforce any term or condition of this Terms is not a waiver of the term/condition

·         Customer consents to recording of all its telephone conversations with Hedgefide. Customer acknowledges Hedgefide's Privacy Policy and consents to collection/use of Customer information as described therein.

·         Customer authorizes Hedgefide, directly or through third parties, to make any inquiries that Hedgefide considers necessary to conduct business with Customer. This may include ordering a credit report and performing other credit checks in the event of any default or breach of the obligations herein by Customer or verifying the information Customer provides against third party databases.


DEFINITIONS

Hedgefide Account is a Personal wallet account designated as a payment method to load funds.

Electronic Access Device is any personal computer, telephone, mobile phone, smart phone, personal digital assistant, or any other electronic device, including wireless devices that allows you to access Hedgefide.

PIN is the confidential Personal Identification Number you select to identify yourself and to confirm transactions through Hedgefide.

Transaction means any loading of funds from a Funding Source to your Hedgefide Account, any offloading of funds from an investment purchased to a Personal Deposit Account, and any Payment. Other eligibility criteria and enrolment requirements may be established periodically.

Registration You will have access to Hedgefide App upon registering and funding your account using E-bills Pay or a debit/credit card.

Insufficient Funds This is when the funds are not sufficient in your payment source to complete the transaction. Note that if there are insufficient funds, we will not act on your Payment instruction.

Fees This is the nominal amount payable when you make transactions/transfers. These fees are displayed before the transaction is committed.

Prohibitions on Use These are the conditions of use for the Hedgefide application. You undertake not to access or use Hedgefide for any illegal, fraudulent, malicious or defamatory purpose.

Password and PIN Security means terms of use for your security identification i.e. your Password, PIN and Identification Question must be unique and not easily guessed. You must always keep your Password, PIN and Identification Questions strictly confidential. You are also required to notify us immediately these details are compromised, or you become aware of any unusual, suspicious or fraudulent activity on your Hedgefide account.

Release/Indemnities you agree to release and indemnify the relevant parties (Bank/Hedgefide Partners) from any claim, cost and liability that may be incurred as a result of your breach of the terms and conditions of this Agreement.

 

 

 

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