Terms & Conditions
1. Acceptance of Terms
By registering for the National Investments Company K.S.C.P. IPO subscription platform (the "Platform"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you will not be able to register or use the Platform.
2. Eligibility
You must have the legal capacity and authority that enable you, in all respects, to accept these terms and conditions and be legally capable of entering into binding contracts to register and use the Platform. By registering, you represent and warrant that you meet these eligibility requirements.
3. Registration
To register on the Platform, you shall provide accurate and complete personal and professional data and information as requested. You consent to National Investments Company K.S.C.P. processing your data and information for the purpose of providing you with access to, and use of, the Platform. You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.
You shall update your information regularly. You undertake to promptly update your information as soon as any change occurs in your legal status, including, but not limited to, any incident affecting your legal capacity or any change therein, any change in current employment, domicile, nationality, business activity, bankruptcy, etc. You assume full legal liability for failing to comply with the foregoing obligation.
Juridical persons undertake to promptly update their information with respect to any change in their legal representative or authorized signatories. Juridical persons shall be fully liable for any failure to comply with this obligation, and the National Investments Company K.S.C.P. is to maintain the status quo of the juridical person until the information is duly updated.
In the event of breach of any of the above obligations, National Investments Company K.S.C.P. is entitled to suspend your account without being liable for any damages or lost profit.
4. Use of the Platform
The Platform is provided solely for the purpose of participating in IPO subscriptions and related activities. Any unauthorized use of the Platform is strictly prohibited.
You acknowledge and confirm that you are fully liable and accountable for any actions taken on the Platform through your account, which you access using your username and password. National Investments Company K.S.C.P. shall not be liable for any misuse, authorized or unauthorized use, or leakage of your account credentials. You shall assume liability for any actions taken through your account, unless otherwise established by a final and binding court decision.
5. Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with your use of the Platform.
6. User Conduct
You agree not to:
• Provide false, inaccurate, or misleading information.
• Engage in any activity that could interfere with the functioning of the Platform.
• Use the Platform for any fraudulent or unlawful purposes.
7. Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By registering, you consent to the collection and use of your data in accordance with our Privacy Policy.
8. Limitation of Liability
To the maximum extent permitted by law, National Investments Company K.S.C.P. will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform.
9. Indemnification
You agree to indemnify and hold harmless National Investments Company K.S.C.P., its affiliates, officers, agents, and employees from any claims, liabilities, damages, and expenses arising from your use of the Platform or your violation of these Terms.
10. Modification of Terms
National Investments Company K.S.C.P. reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after any modifications indicates your acceptance of the revised Terms.
11. Termination
National Investments Company K.S.C.P. may terminate or suspend your access to the Platform at any time, without notice, for conduct that it believes violates these Terms or is otherwise harmful to other users or the Platform.
12. Governing Law
These Terms are governed by the laws of the State of Kuwait. Any disputes arising from these Terms or your use of the Platform will be subject to the exclusive jurisdiction of the courts of the State of Kuwait.
13. Entire Agreement
These Terms constitute the entire agreement between you and National Investments Company K.S.C.P. regarding your use of the Platform and supersede all prior agreements and understandings.
14. Contact Information
If you have any questions about these Terms, please contact us at [contact email or phone number].
15. Intellectual Property
The service and its contents, features, and original functions will remain the exclusive property of the National Investments Company K.S.C.P.. The service is protected under copyright, trademark, and other laws of the State of Kuwait. Our trademarks may not be used in connection with any product or service without the prior written consent of the National Investments Company K.S.C.P..
16. Acceptance of Terms
These Terms and Conditions shall be deemed accepted upon your confirmation and authorization by selection the “ Accept” button within the Public Authority for Civil Information application (the “ PACI Approval”). By completing such process, you expressly acknowledge and agree that this action constitutes full and valid consent to these Terms and Conditions and any related agreements.
Each time you complete the PACI Approval process in connection with any amendment, update, or other agreement or document related to these Terms and Conditions, such confirmation and authorization shall likewise constitute valid and binding consent by you.
Your acceptance of these Terms and Conditions shall constitute an electronic transaction in accordance with the provisions of Law No. 20 of 2014 Concerning Electronic Transactions.
17. Offering Memorandum
The Offering Memorandum is being provided on a confidential basis to a limited number ofEligible Investors (as defined below) and/or any such other persons which may be considered assuch from time to time by the Kuwait Capital Markets Authority (the “CMA”) for the sole purposeof evaluating an opportunity to subscribe to this Primary Offering of up to 16.68% Issue Sharesto be issued by the Company and the Secondary Offering of up to 29.21% ordinary existing sharesafter the capital increase to be sold by the Selling Shareholders to new Potential Investors (the“Existing Shares”).
An “Eligible Investor” includes all individuals and entities, including companies, institutions,banks, and funds, as defined in Module 1 of the CMA Executive bylaws as Sophisticated Investorsor Qualified Investors, who accept the terms of subscription in the Subscription Application aswell as this Offering Memorandum, except those prohibited from owning the Shares.