Terms & Conditions
1. INTRODUCTION
1.1. These are the general terms and conditions (hereinafter referred to as the “Terms”) pertaining to the use of Rawasi Asset Managemenet for Formation and Management of Securities’ Portfolios and Investment Funds’ website (the “Platform”).
1.2. The scope of this Terms addresses the Terms applicable to your usage of our online Platform, consisting of the website [https://www.bokra.com] and the mobile application developed for iOS and Android (the “Platform”).
1.3. Please read these Terms carefully before using the Platform and each time before using a new feature on the Platform. If you don’t agree to any provision of these Terms, and/or the Privacy Policy in the following link [https://www.bokra.com/privacy-policy] you must not use the Platform.
1.4. If you fail to read these Terms, this will not exempt you from any legal liabilities arising from these Terms. Your continuous use of the Platform will constitute that you have read, understood and agreed to these Terms and our policies.
2. DEFINITIONS AND INTERPRETATION
2.1. The headings in these T&C are for convenience only and shall not affect their interpretation
2.2. Words denoting the singular include the plural and vice versa.
2.3. Words denoting any gender include all genders.
2.4. References to persons include individuals, bodies corporate, unincorporated associations and partnerships, governments, states, and agencies of state or other entities, whether or not having a separate legal personality.
2.5. References to writing or written include emails and other electronic forms of communication.
2.6. References to clauses are to clauses of these T&C.
2.7. The terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.8. Any reference to a statute, statutory provision, or subordinate legislation is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any former statute, statutory provision, or subordinate legislation which it amends or re-enacts.
2.9. References to time are to local time in the Arab Republic of Egypt unless otherwise stated.
2.10. References to currency are to the lawful currency of the Arab Republic of Egypt being the Egyptian Pound (the “EGP”) unless otherwise stated.
2.11. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force.
2.12. These Terms constitute the entire agreement between the parties and supersede all previous agreements, understandings, and arrangements between them, whether in writing or oral, in respect of their subject matter
2.13. For the purposes of these Terms, the following terms shall have the meanings set forth below
2.13.1. “Account” means the account held by the Client with the Company for the purpose of the Company’s management of the Client’s investments in the Investment Instruments which is controlled by the Client through the Platform and may be subject to Top-Up by the Client.
2.13.2. “Business Day” means any day other than a Friday, Saturday, or public holiday in the Arab Republic of Egypt when banks are open for business.
2.13.3. “Client” shall mean you as an individual investor who has entered into a Portfolio Agreement with the Company, and any reference made herein to “you”, “your” or “yours” shall also refer to the Client.
2.13.4. “Company” shall mean Rawasi Asset Managemenet for Formation and Management of Securities’ Portfolios and Investment Funds, and any reference made herein to “we”, “our”, or “us” shall refer to the Company.
2.13.5. “Investment Instruments” means the various types of financial products and securities in which the Client's funds may be invested including; stocks, sukuk, mutual funds, gold, silver, real estate, and fixed income.
2.13.6. “Investment Plan” means the specific financial objective set by the Client and agreed upon in the Portfolio Agreement with the Company, which the Company endeavors to achieve through the management of the Client's Managed Assets.
2.13.7. “Investment Portfolio” means the collection of investments held by the Client and managed by the Company under the terms of the Portfolio Agreement.
2.13.8. “Managed Assets” means all Investment Instruments and managed by the Company on behalf of the Client.
2.13.9. “Portfolio Agreement” means the agreement concluded between the Company and the Client outlining the terms and conditions under which the Client's Managed Assets will be managed for the former to pursue the Financial Goal.
2.13.10. “Service(s)” means the asset management services provided by the Company to the Client set forth in the Portfolio Agreement.
2.13.11. “Top-Up” means the act of adding additional funds to the Client's Account.
2.13.12. “Withdrawal Request” means a request submitted by the Client to withdraw funds from their Account.
2.13.13. “Yield” means the earnings generated and realized on investments over a particular period, expressed as a percentage based on the amount invested by the Client.
3. GENERAL
3.1. The Platform is developed and managed by the Company.
3.2. The Company may offer its Services to potential customers through the Platform or through any other manner or form as determined by [company name] in its sole discretion.
3.3. By signing these Terms, you agree to pay all fees and charges associated with the Service. Should you have any query in connection with any provisions of these Terms, you are encouraged to contact us through the details set out below in clause 22 of these Terms.
3.4. The Company has the full right to validate your identity by concluding any Know Your Customer (“KYC”) requirements.
4. Representations
4.1. By creating an Account and using the Platform, you agree to make the following representations:
4.1.1. you have the capacity and authority to enter into a legally binding Portfolio Agreement with us, and you understand that you may not enjoy any of the Services without concluding the Portfolio Agreement with us;
4.1.2. if you are a natural person, you are at least 21 years of age, of sound mind and fully aware of the legal implications of your own actions;
4.1.3. you are the person whose registration details are being provided or;
4.1.4. you agree to provide and maintain correct complete and current information in the registration step or while submitting any requested KYC information, including, without limitation, your full name, date of birth, country of residence, and contact details. You are obligated to keep all of your information updated at all times and promptly provide the Company with any updates;
4.1.5. you understand that fraud and fraudulent misrepresentation constitute serious crimes and are punishable with imprisonment and/or fines under the applicable laws of the Arab Republic of Egypt.
4.1.6. you warrant and undertake to us that all information given to us in respect of your account is complete, true and accurate in all respects and not misleading in any way;
4.1.7. any funds you deposit with us originate from legitimate sources and have no connection with any crime. You will not attempt to use this Platform for the purpose of any illegal activity including money laundering. You will comply with our KYC protocols to enable us to meet our legal and regulatory obligations, including providing all information we may require to verify your identity, residential address and origin of funds;
4.1.8. you are not insolvent, bankrupt, or subject to any legal restriction limiting your ability to enter into these Terms;
4.1.9. you are obligated to (i) keep your account secure from unauthorized access and misuse, and (ii) maintain strict confidentiality of your username and password. Subject to maintenance of correct account information, we will assume that all activity under your account is your own. You assume all risks and losses and legal liabilities arising from your use or any unauthorized access to and use of your account by any third party. You will indemnify and hold us harmless from and against all losses, damages, claims, demands, expenses and costs caused due to your use or any unauthorized access to your account;
4.1.10. you cannot assign, sell or transfer your Account to any other third party nor can you acquire, attempt to acquire, or otherwise look to become the beneficiary of any assignment or transfer of an Account created by or designated to any third party;
4.1.11. you must not use the Platform in any manner which is detrimental or harmful to the Company or other Users, as we may determine in our sole discretion. If you breach the foregoing provision, we reserve the right to suspend or block your access to the Platform and close down your account; and
4.1.12. we allow you to make access the Services through the Platform in consideration of your aforementioned representations on which we take full reliance as accurate, complete and reliable information. If your representations are false or misleading, we reserve the right to annul and rescind our agreements with you, terminate your Account. In addition, you agree to indemnify us for the losses, damages, expenses and costs caused to us due to such false representations. In case you fail to comply with the KYC requirements, we reserve the right to report this matter to the concerned authority for further legal actions, including possibly withholding any funds in your account.
5. Advertisements
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Platform, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Platform or through the Services is subject to change.
6. Cookies
This Platform uses cookies. Cookies store information related to visitors’ preferences, browser type, and other information in order to optimize their experiences. By using this Platform, you acknowledge your understanding of and consent to the Company’s use of cookies. You may delete cookies by consulting the instructions for your file management in the Platform. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Platform.
7. Acceptable Use Policy
7.1. By using this Platform, you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. In particular, any imperative legal provision(s) or law(s) applicable in Egypt in relation to the Platform or the provision of the Services. It may be illegal for certain persons to use the Platform in some countries. We make no claim that the Platform will be legal or accessible outside of Egypt. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Platform and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Platform and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
7.2. The following uses of the Platform are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
7.2.1. Using the Platform in a manner that causes, or may cause, damage to the Platform or in a way that impairs visitors' abilities to access or use the Platform and Services, including using the Platform in a manner or for a purpose that is unlawful or fraudulent;
7.2.2. Using the Platform in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
7.2.3. Conducting any systematic or automated data collection on or related to the Platform or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
7.2.4. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Platform to send spam, pyramid schemes, or chain letters;
7.2.5. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Platform or otherwise commercially exploiting content, whether in whole or in part, on the Platform;
7.2.6. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Platform;
7.2.7. Accessing the Platform in order to create a similar or competitive business, product, service, or website;
7.2.8. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Platform in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
7.2.9. Interfering with, disrupting, or overburdening servers or networks connected to the Platform;
7.2.10. Gaining or attempting to gain unauthorized access by any means to any part of the Platform or to computers or networks connected to the Platform; and
7.2.11. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Platform.
8. User Accounts on the Platform
Visitors to the Platform are permitted to create user accounts or profiles to manage their Accounts. Upon registering for our Services, you are considered a “User” of the Platform. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each User is the sole authorized user of his or her account created on the Platform to manage their respective Accounts. Users are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a User, you are responsible for all activities that occur under your account, and you acknowledge that the Company is not responsible for unauthorized access to your account that results from theft or misappropriation of your account, its password or any other orders pertaining to your Account. Users are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Platform has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Platform. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
9. User Content
9.1. "User Content" means any material that you or other visitors submit or transmit in any manner to the Platform for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, data, images, audio material, video material, and audio-visual material. This Platform and the Services it provides may include multiple ways of submitting User Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be made available for other visitors to view on the Platform or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein.
9.2. You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party.
9.3. You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Platform and by our third-party partners. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so.
9.4. We do not monitor the submission or publication of User Content on the Platform and are not responsible for the User Content. We do not endorse or support any User Content, or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Platform. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Platform, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the Services or Platform you may be exposed to User Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate.
9.5. User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations.
9.6. We may remove, edit, or delete any User Content submitted, hosted, or stored on the Platform or our servers without providing you with prior notice. We are not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep.
9.7. Under no circumstances may the Company be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Platform, Services, or elsewhere.
10. User Content License
10.1. By submitting User Content you grant the Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms.
10.2. This means that you will always maintain ownership of the User Content you submit. However, we have the right to display the User Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
11. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Platform and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Platform visitors, or a third party. Such action may include, but is not limited to, restricting your account privileges, or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
12. Restricted Access
Some parts of the Platform may be restricted to certain visitors. If you have permission to access restricted parts of the Platform, you agree to not share your access information and password with third parties. We may change the restricted parts of the Platform from time to time. If you do not have access to restricted parts of the Platform, you agree not to use another user's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Platform.
13. Privacy
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Platform, you consent to our collection and use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Platform or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information and User Content you submit to the Platform if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of the Company, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
14. The Company’s Rights and Ownership
Unless otherwise stated, the Company and its permitted licensors own all intellectual property rights in the Platform and its contents, excluding User Content. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Platform or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Platform give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Platform or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Platform or Services other than your own User Content without our express prior written consent or the consent of any third-party owners of the content. Platform content is not for resale under any circumstances.
15. Disclaimers
15.1. Top-up in Process of Allocation:
15.1.1. When you Top-Up your Account, the funds will be allocated in accordance with the Investment Plan that you have agreed upon as set out in the Portfolio Agreement concluded between us and you. The processing of the allocation may require processing time, and you understand that the allocation of these funds may be subject to market conditions and operational timelines. The time required to allocate your funds can vary due to several factors, including but not limited to, the availability of investment opportunities, the time required to execute trades in different markets, and any delays inherent in financial transactions. You acknowledge and accept that there may be a delay between the time you Top-Up your Account and the time when these funds are fully allocated to fulfill your Investment Plan.
15.1.2. We operate under a strict mandate or proxy, ensuring that when you top up your Account, the funds are segregated from our own Company funds. This means you’re your money is not considered our cash; it is held separately in a designated account. This segregation is maintained to protect the Managed Assets and ensure that your funds are utilized exclusively for executing your Investment Plan as agreed in the Portfolio Agreement. By segregating your funds from the Company’s funds, we aim to provide an additional layer of security and transparency, giving you confidence that your investments are managed with the utmost integrity and in accordance with regulatory requirements.
15.2. Replication of Savings
15.2.1. You understand that in case you conduct any deposits to your Account, the Account balance existing prior to such deposit will be visible at all times. Any additional savings or contributions you make will appear as "in-progress" until the allocation process is fully completed. This means that there might be a delay between the time you make a contribution, and when it is fully reflected in your Account balance as available funds.
15.3. Yield Expectation
15.3.1. Projected yields are indicative and subject to market conditions. Actual returns may vary, and any yield figures provided are not guaranteed.. However, the yield projections are based on historical data and current market trends, and we do not guarantee by any means your attainment of any profits in case you invest your money with us.
15.3.2. While we strive to provide accurate and reliable yield projections, it is important to understand that these projections are inherently speculative and subject to change based on a variety of factors beyond our control. Market conditions, including fluctuations in economic indicators, interest rates, and geopolitical events, can significantly impact the performance of your investments. As such, the actual returns you may experience could be lower or higher than the projected yields.
15.3.3. Additionally, the performance of your Investment Portfolio is influenced by the specific Investment Instruments selected, the timing of trades, and the overall market environment. Different asset classes, such as stocks, sukuk, mutual funds, gold, silver, real estate, and fixed income, carry varying levels of risk and potential return. Diversification strategies, while designed to mitigate risk, cannot eliminate it entirely, and there is always the possibility of loss.
15.3.4. We emphasize that past performance is not indicative of future results. Historical data and current market trends used to generate yield projections are based on assumptions that may not hold true in the future. Market volatility, economic downturns, and other unforeseen events can adversely affect the value of your investments. Therefore, it is crucial to approach these projections with an understanding of their limitations and inherent uncertainties.
15.3.5. Furthermore, we encourage you to consider your risk tolerance, investment objectives, and financial situation before making investment decisions. Our yield projections are intended to provide a general overview and should not be construed as a guarantee of specific outcomes.
15.4. Investment Plan Activation Disclaimer
15.4.1. Activating or changing your financial goals at a later stage can significantly affect the outcome and progress towards those goals. If you wish to achieve your Investment Plan by a date other than the one initially chosen, the projections and yield expectations will necessarily differ. This is due to the inherent changes in market conditions, investment horizons, and the time required to achieve the desired financial objectives.
15.4.2. When you request a change to the timing of your Investment Plan, we will update the projections and strategies accordingly. This involves a reassessment of the market conditions, potential investment opportunities, and the risk profile associated with the new timeline. It is essential to understand that these updated projections are based on the then-current market trends and historical data, which may not accurately predict future performance. As such, yield expectations and the overall performance of your investments may vary from the initial projections.
15.4.3. The Company reserves the right to adjust these yield expectations and investment strategies in accordance with the new timeline you have chosen. These adjustments are made to optimize the performance of your portfolio and align with the revised financial goals. However, it is important to acknowledge that past performance may not be indicative of future results. Market volatility, economic shifts, and other unforeseen events can influence the actual returns you may experience.
15.4.4. By opting to modify the timing of your Investment Plan, you accept that the updated projections are subject to the same uncertainties and risks inherent in financial markets. The revised expectations are designed to provide a realistic outlook based on the new investment horizon, but they do not guarantee specific outcomes or profits. It is crucial to consider your risk tolerance, investment objectives, and overall financial situation when making such changes.
15.5. Risk Awareness Policy
15.5.1. Investments are subject to various risks. We categorize the risks connected to each investment that you may be interested in with labels such as; (i) low, (ii) medium, and (iii) high. Pursuant to our risk awareness policy, a detailed breakdown of these categories, helping you understand the potential volatility and risk associated with your portfolio and the investments you are willing to purse. You understand that we are not liable for any risks surrounding any of your investments and that you are aware of the risks accompanied with any investment that you are willing to undertake. Your pursuit of any of the investments is deemed as a confirmation of your understanding and acceptance of these risks, and you acknowledge that you have conducted your own assessment of the risks associated with each investment option before proceeding. Consequently, you agree to hold us harmless from any losses or damages that may arise from your investment decisions.
15.6. Market Risk
15.6.1. While we commit to managing your invested funds diligently and in strict accordance with the Investment Plan you have agreed upon in the Portfolio Agreement, it is imperative to acknowledge that inherent market risks exist which can significantly impact the value of your investments. These market risks arise from various factors including, but not limited to, fluctuations in economic conditions, changes in interest rates, geopolitical events, and shifts in market sentiment. Such factors can cause volatility in the financial markets, leading to potential decreases in the value of your investments. Our strategic approach aims to navigate these market conditions effectively; however, the unpredictable nature of the market means that the performance of your investments may not always align with initial expectations or projections.
15.6.2. Moreover, it is important to understand that despite our thorough management and adherence to your Investment Plan, Yield is not guaranteed. The financial markets are influenced by a multitude of complex and interrelated factors that can affect the performance of various asset classes, including stocks, bonds, mutual funds, and other investment instruments. While diversification and strategic asset allocation are employed to mitigate some of these risks, they cannot eliminate the possibility of loss entirely. External events such as economic downturns, political instability, and technological disruptions can have adverse effects on market performance and, consequently, on your investment returns. You are encouraged to consider these risks and maintain realistic expectations regarding the potential outcomes of your investment strategy. Our objective is to manage your investments with the highest degree of professionalism and care, but it is crucial for you to recognize that the financial markets' inherent uncertainties can lead to both gains and losses.
15.6.3. In light of the above, we expressly disclaim any responsibility for any losses that you may incur as a result of your investments. By continuing to use our Services, you acknowledge and accept that investing involves risks, including the potential loss of principal, and agree that we shall not be held liable for any financial losses you may experience.
15.7. Managed Assets Liquidation
15.7.1. As a Client, you have the capability to request the liquidation of your Managed Assets. The liquidation of your Managed Assets will be conducted in coordination with our team to ensure a smooth and efficient process. It is important to note that the timeline for liquidation may vary depending on the type of the Investment Instrument involved and prevailing market conditions. The liquidation policy is designed to provide flexibility while maintaining the integrity and strategic objectives of your Investment Plan.
15.7.2. You may be entitled to request through the Platform the liquidation of your Managed Assets by serving us with a written notice through the section designated for this purpose on the Platform. Upon receipt of your written notice, our team will promptly acknowledge your request and initiate the necessary steps to process the liquidation (the “Liquidation Request”). Your request will be attended to based on your choice of either a partial liquidation or a complete liquidation of your Managed Assets. If you elect to (i) partially liquidate your Managed Funds, your request will be attended to within two (2) Business Days, and (ii) if you elect to assume the complete liquidation of your Managed Assets, your request will be processed, and we will do our best endeavors to liquidate all the investments within due period based on the market’s circumstances. During the said timelines, we will review and verify the details of your request to ensure compliance with all relevant procedures, regulatory requirements, and any prohibitions that may be promulgated by the competent authorities.
15.7.3. The variability in the liquidation timeline is influenced by several factors specific to the different types of Investment Instruments, and in accordance with the diagram below:
Type of Investment Instrument Factors Affecting Liquidation Liquidation Timeline
Stocks
may require a longer liquidation period due to market volatility and liquidity constraints. The ability to sell stocks at a favorable price may depend on market demand, trading volumes, and the current economic climate, which can all affect the time required to complete the transaction N/A
Sukuk
The market demand for sukuk can all influence the speed at which these instruments can be liquidated N/A
Mutual Funds
Mutual funds typically have specific redemption policies and cut-off times that must be adhered to when processing liquidation requests. The timeline for liquidating mutual fund investments may also depend on the fund's underlying assets and the frequency with which the fund processes redemptions, which can range from daily to monthly intervals. Further, the liquidation of investments in a mutual fund can trigger certain consequences based on the prospectus of each respective mutual fund.
Gold and Silver
The liquidation process may be affected by current market prices and the demand for physical gold or gold-based financial products. The time required to sell gold assets may vary based on the form in which the gold is held. N/A
Real Estate
Investments often have a more extended liquidation timeline due to the nature of the asset class. Selling real estate properties involves additional steps such as property valuation, finding potential buyers, and completing legal and regulatory requirements, all of which can prolong the liquidation process.
Fixed Income
Instruments, such as bonds, may face liquidation delays based on interest rate fluctuations and market conditions. The ease of selling bonds can be influenced by the bond's credit rating, maturity date, and prevailing interest rates, which can affect the bond's market value and attractiveness to potential buyers 1 Business Day
15.7.4. In light of the abovementioned factors and timelines, if the Liquidation Request was positively attended to, and your Managed Assets were duly liquidated, you need to be aware that there is a cap on the liquidation of your Managed Assets. Specifically, if the liquidation process results in liquidating more than twenty (20%) of the total Managed Assets, we will not proceed with the liquidation without further discussion with you. In such cases, our investment management team will engage with you to discuss this issue. This policy is designed to protect your investments and ensure that liquidation decisions are made prudently and in alignment with your Investment Plan.
15.7.5. As soon as your Managed Assets become liquid, we will promptly notify you that the cash is available for you to receive within [2] Business Days. This notification will be sent through the Platform and any other communication channels you have provided in your Portfolio Agreement, ensuring that you are aware of the availability of your funds. It is essential that you confirm the method by which you wish to receive your cash, whether it be through a direct bank transfer to your personal bank account or by any other available options.
15.7.6. If we do not receive a confirmation from you regarding your preferred method of receiving the cash within a stipulated period, we will act as a custodian on your behalf. During this period, your funds will be held securely while we await your instructions. It is important to provide timely confirmation to ensure that you receive your funds without unnecessary delays. We aim to facilitate a smooth and efficient transfer of your funds, but your prompt response is crucial.
15.7.7. In the event that you do not confirm the method of receiving your cash within the specified period, we may be required to take further steps for compliance reasons. This may involve notifying the relevant regulatory authorities and, if necessary, depositing the funds into a designated bank account or reinvesting them in accordance with regulatory requirements.
15.8. Inconsistent Monthly Contributions
15.8.1. For the optimal attainment of the Investment Plan, you are encouraged to adhere to the regular monthly contributions to your Account as agreed between us and you in the Portfolio Agreement (if applicable). Consistent monthly contributions play a crucial role in the effective management and growth of your Investment Portfolio. By committing to regular contributions, you enable the Company to endeavor to align with your Investment Plan.
15.8.2. If the contribution is not made within the period set in the Portfolio Agreement, you understand that such inconsistencies can affect the overall performance and success of your Investment Plan.
15.9. Withdrawal Requests
15.9.1. If you make withdrawal requests but do not actually withdraw the liquid cash that you have requested to withdraw, we reserve the right to retain the funds in your Account. These funds will continue to be managed according to your Investment Plan unless otherwise instructed by virtue of a written instruction
15.10. Account Erasure and Deletion
15.11. You have the right to request the erasure and deletion of your account on the Platform. This process will remove all personal data and investment records associated with your account. Please note that account deletion is irreversible and will permanently remove your access to the Services.
15.12. Upon receipt of your request to erase the account, the funds you have deposited will not be put into any investments, and any pending transactions will be halted. However, please be aware that account deletion will not take place prior to settling all the Yields due to you and ensuring that your Account balance is set back to zero. This means that all outstanding funds must be disbursed back to you and all liabilities will have to be cleared prior to the permanent deletion of your account from our Platform.
15.13. We will provide you with a detailed statement of your Account status, including any remaining balances, expenses, fees, and necessary steps to clear any outstanding liabilities. It is essential that you review this information and confirm the settlement to proceed with the account deletion process.
15.14. Once all financial matters are resolved and your Account balance is confirmed to be zero, your account may only be permanently deleted by then. You will receive final confirmation of the account deletion on the email that you have registered with.
15.15. Please ensure that you have securely backed up any information you may need in the future, as once the account is deleted, it will not be possible to recover any data or investment records.
15.16. THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PLATFORM IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE PLATFORM. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE PLATFORM, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE PLATFORM OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15.17. YOUR USE OF THIS PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE PLATFORM, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE PLATFORM AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
15.18. THIS PLATFORM AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, ESPECIALLY IN THE CONTEXT OF INVESTMENT MANAGEMENT. NOTHING ON THIS PLATFORM CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL AND MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
15.19. THE INVESTMENT DECISIONS MADE BY THE PLATFORM ARE SUBJECT TO MARKET RISKS, AND THERE ARE NO GUARANTEES OF PROFITS OR SPECIFIC OUTCOMES. YOU UNDERSTAND AND ACCEPT THAT THE PLATFORM WILL MAKE INVESTMENT DECISIONS ON YOUR BEHALF. USERS ARE RESPONSIBLE FOR ASSESSING THEIR RISK TOLERANCE AND FINANCIAL SITUATION BEFORE USING THE SERVICES. [COMPANY NAME] AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES OR DAMAGES ARISING FROM THE USE OF THE PLATFORM'S INVESTMENT SERVICES. BY USING THE PLATFORM, USERS CONSENT TO THE AUTOMATED INVESTMENT DECISIONS MADE ON THEIR BEHALF.
15.20. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
15.21. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
16. TERMINATION AND VARIATION
16.1. These Terms will be effective immediately upon execution and will continue to be effective for an indefinite period unless terminated upon the following events:
16.2. The Company becomes insolvent; or
16.3. The Company decides to terminate or rescind these Terms, whether in its sole discretion or due to certain circumstances such as your breach of any provisions of these Terms.
16.4. We reserve the right to make amendments to these Terms to ensure compliance with all applicable laws or regulations or on any other grounds we deem necessary at our sole discretion. If we make amendments in these Terms, you will be notified through your registered email and/or the Platform. Your continued use of the Platform will constitute your consent to the amended terms and conditions. Provisions in previous versions of these Terms will continue to apply. In case of a conflict between any new and older versions, the most recent version of these TERMS will take effect unless expressly stated otherwise.
17. CONTINGENCY PLANNING
17.1. In the event a force majeure has led to a failure in the operation of the Platform, we will attempt to (i) continue critical business activities (ii) protect data; (iii) ensure effective communication through phone and email with current users; and (iv) restore the normal operations of the business as soon as possible.
17.2. In the unlikely case that any circumstances force us to limit, suspend or cease business operations, or that we are permanently unable to run the business, we will notify you of that.
18. LIMITATION OF LIABILITY
You acknowledge that the Company shall in no circumstances be liable to you for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by you arising out of your use of the Platform, including the making of any Request, except as otherwise provided in these Terms or under the regulations of the Arab Republic of Egypt.
19. INDEMNITY
19.1. You shall defend, indemnify and hold harmless the Company, its director(s), officers, agents, representatives, employees, successors, assigns and affiliates (collectively as “Company’s Indemnified Parties”) from and against, without limitation, all claims, demands, actions, suits, judgments, losses, damages, fines, expenses and costs, including legal fees, arising in connection with these Terms or your use of the Platform, including, without limitation, as a result of:
19.1.1. Any breach of these Terms by you;
19.1.2. any third-party claim or dispute between you and any third party;
19.1.3. any violation of applicable laws or regulations; or
19.1.4. any act or omission by you which create any civil or criminal liability.
19.2. The foregoing provisions shall survive the termination of these Terms.
20. FEEDBACK AND COMPLAINTS
20.1. We encourage and highly value your feedback and suggestions related to our Services and your overall experience using the Platform. We treat this information with the utmost importance and use it to continually improve our operations and business where we can.
20.2. If you are unhappy with the experience you have had with us, you have a right to file a complaint. It is our duty to ensure that your complaint is attended to promptly and that you are treated in a consistent and fair manner.
20.3. During the investigation, we will work on diagnosing the problem, identifying the root causes and then aiming to rectify the issue. For this purpose, an employee at the Company may reach out to you to collect more information. We may keep records and audit trails to monitor the case and enhance our internal operations. After evaluating the findings of the investigation, we will decide on how to deal with the complaint and we will communicate the same to you.
20.4. You can make a complaint by sending us an email at [help@bokra.com]
21. General Terms
21.1. In the event that we, for any reason, have not insisted on strict adherence with your obligations under these Terms or failed to avail any remedies or exercised any rights available to us under these Terms or any applicable laws, this will not constitute a waiver of the same or any relief in respect of the relevant obligations that you have failed to perform.
21.2. No waiver, whether full or partial, shall constitute waiver of future rights or remedies.
21.3. Subject to the applicable law, if any provision of these Terms or of any other document referred hereunder is found by a competent court or authority to be invalid, unenforceable and unlawful, the same will be severed from these Terms or any such document and the remaining provisions will be valid, legal and enforceable.
21.4. Nothing in these Terms is intended to be interpreted to establish any joint venture, partnership, or agency. There are no arrangements that permit any Party to act on behalf of the other Party in any way or for whatever reason.
21.5. All notification, notice or communication (a “Notice”) required to be provided under these Terms shall be made in writing and delivered by hand or by pre-paid courier services with delivery to such party’s registered address or sent to such party’s registered email address. The Notice shall be deemed to be served; (a) in the case of delivery by hand, upon issuance of a signed acceptance receipt of such Notice or immediately when it is left at the registered address; (b) where the Notice is sent by post services, upon expiry of two business days; and (c) where the Notice is sent through email, on the next business day.
21.6. All communications under these Terms shall be made in the English language.
21.7. Any dispute or claim arising out of these Terms will be governed by the Egyptian Law and such disputes or claims will be resolved exclusively by the Arab Republic of Egypt, Cairo courts. You agree that you will first attempt to resolve your issues by filing a complaint.
21.8. These Terms, and any other document referred to herein, constitute the entire agreement between us and you and supersede any and all previous oral or written discussions, correspondence, representations, negotiations or agreement
22. CONTACTS
All Notice, communications, suggestions, queries or complaints required to be made under these Terms shall be made via email to [info@bokra.com].