1. DEFINITIONS AND INTERPRETATION
a. “Kitara” means Kitara Capital, a subsibiary of Halcyon Capital Holding Company SAOC, a closed joint stock company duly registered in accordance with the Commercial Companies Law RD 4/47 of the Sultanate of Oman;
b. “Kitara's Website” means the website located at www.kitaracapital.com including any part or element thereof;
c. “User” means any person who enters or uses the Kitara's Website, notwithstanding the fact that such a person only visited the home page of the Kitara's Website;
d. References herein to the singular include the plural and vice versa; and
e. Notwithstanding the fact that hyperlinks which might appear in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
2. ALLOWED USE AND LICENSE
a. Kitara grants the User permission to view, download and print content from the Kitara's Website, provided that such content is used for personal, educational and/or non-commercial purposes only;
b. Content from the Kitara's Website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Kitara;
c. Users may only access and use the Kitara's Website for legal purposes;
d. The caching of the Kitara's Website shall only be allowed if:
i. The purpose of the caching is to make the onward transmission of the content from the Kitara's Website more efficient;
ii. The cached content is not modified in any manner whatsoever;
iii. The cached content is updated at least every 12 (twelve) hours; and
iv. The cached content is removed or updated when so required by Kitara.
e. If any User uses content from the Kitara's Website in breach of the provisions
detailed herein:
i. Kitara reserves the right to claim damages from the User;
ii. Kitara reserves the right to institute criminal proceedings against the User; and
iii. Kitara shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
f. Hyperlinks to the Kitara's Website from any other source shall be directed at the home page
of the Kitara's Website. Kitara shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Kitara's Website, if such content was accessed through a hyperlink not directed at the home page of the Kitara's Website. Persons that wish to link to content beyond the home page of the Kitara's Website shall do so at their own risk and indemnify Kitara against any loss, liability or damage that may result from the use of content from the Kitara's Website, if such content was accessed through a hyperlink not directed at the home page of the Kitara's Website;
g. No person may frame the Kitara's Website, in any manner whatsoever, without the prior written consent of Kitara;
h. Apart from bona-fide search engine operators and use of the search facility provided on the Kitara's Website to Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Kitara's Website for any purposes, without the prior written consent of Kitara; and
i. All licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Kitara at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the Kitara's Website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Kitara and as such, are protected from infringement by domestic and international legislation and treaties.
Subject to the rights licensed to the User, all other rights to intellectual property on the Kitara's Website are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the internet and the Kitara's Website and/or download content from the Kitara's Website.
5. PRODUCTS AND SERVICES
The information contained on the Kitara's Website is current at the date of publication, but is subject to change without notice. Kitara has expressed its own views and opinions, and these may change.
The Kitara's Website is not directed to the User if Kitara is prohibited by any law of any jurisdiction from making the information on the Kitara's Website available to the User and is not intended for any use that would be contrary to local law or regulation. None of the information contained on the Kitara's Website is intended to constitute any offer to sell or an invitation or solicitation of an offer to buy any product or service by Kitara and must not
be relied upon in connection with any investment decision. Products or services mentioned on the Kitara's Website are subject to legal and regulatory requirements in applicable jurisdictions and may not be available in all jurisdictions.
Accordingly Users are required to inform themselves of and observe any such restrictions. Nothing in the Kitara's Website should be construed as investment, tax, legal or other advice.
6. CHANGES AND AMENDMENTS
Kitara expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
a. change these terms and conditions;
b. change the content and/or services available on the Kitara's Website;
c. discontinue any aspect of the Kitara's Website; and/or
d. change the software and hardware required to access and use the Kitara's Website.
7. HYPERLINKS TO THIRD PARTY SITES
a. Kitara may provide hyperlinks to third party Websites not controlled by Kitara (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
b. Kitara does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
8. SECURITY
a. Kitara shall take all reasonable steps to secure the content of the Kitara's Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Kitara does not make any warranties or representations that content shall be safe and secure;
b. Kitara is under no legal duty to encrypt any content or communications from and to the Kitara's Website and is also under no legal duty to provide digital authentication of any page on the Kitara's Website;
c. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Kitara's Website or the server and computer network that support the Kitara's Website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Kitara's Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Kitara harmless against any and all liability, damages and losses Kitara and its partners / affiliates may suffer as a result of such damaging code;
d. Users may not develop, distribute or use any device to breach or overcome the security measures of the Kitara's Website and Kitara reserves the right to claim damages from any person concerned with a security failure or breach; and
e. Any User who commits any offence shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Kitara and its partners / affiliates.
9. DISCLAIMER AND LIMITATION OF LIABILITY
a. Subject to the provisions of applicable legislation that might be in force from time to time, and as far as allowed by law, Kitara (including its directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
i. access to the Kitara's Website;
ii. access to Websites linked to the Kitara's Website;
iii. inability to access the Kitara's Website;
iv. inability to access Websites linked to the Kitara's Website;
v. content available on the Kitara's Website;
vi. services available from the Kitara's Website;
vii. downloads and use of content from the Kitara's Website; or
viii. any other reason not directly related to Kitara's gross negligence.
b. The Kitara's Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, that the content available from and through the Kitara's Website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software;
c. Information, ideas and opinions expressed on the Kitara's Website should not be regarded as professional advice or the official opinion of Kitara and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Kitara's Website;
d. Information provided on the Kitara's Website should not be construed as a solicitation or offering of investment services of Kitara, or its affiliates, to investors residing outside of the Sultanate of Oman or in any jurisdiction in which offers, solicitations, or the provision of investment management services would be unlawful under the applicable laws of such jurisdiction;
e. Kitara does not make any warranties or representation that content and services available from the Kitara's Website will in all cases be true, correct or free from any errors. Kitara shall take all reasonable steps to ensure the quality and accuracy of content available on the Kitara's Website and encourage Users to report incorrect and untrue information subject to the right of Kitara to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of the same; and
f. Kitara does not make any warranties or representations that the Kitara's Website shall be available at all times. Users acknowledge that the Kitara's Website may be unavailable due to updates or other causes beyond the reasonable control of Kitara, including, but not limited to virus infection, unauthorized access, power failure or other “acts of God.”
10. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on the Kitara's Website to Kitara and Kitara undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
11. INTERCEPTION OF COMMUNICATIONS
a. Subject to the provisions of any legislation in force, the User agrees to Kitara's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User on the Kitara's Website; and
b. The User agrees and acknowledges that the consent provided by the User satisfies the “writing” requirement as detailed in any legislation which requires such consent in writing.
12. ENTIRE AGREEMENT AND SEVERABILITY
a. These terms and conditions constitute the entire agreement between Kitara and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Kitara from the User;
b. Any failure by Kitara to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
c. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
13. AGREEMENT
The User and Kitara agree that:
a. the User shall be bound to these term and conditions and such agreement is concluded in the Sultanate of Oman at the time the User enters the Kitara's Website for the first time;
b. data messages addressed by the User to Kitara shall only be deemed to have been
received if and when responded to;
c. data messages addressed to the User by Kitara shall be deemed to be received
by the User when dispatched;
d. data messages addressed by the User to Kitara shall be deemed to have been created and sent by the User from within the geographical boundaries of the Sultanate of Oman ;
e. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Kitara; and
f. the User agrees and warrants that data messages that are sent to Kitara from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorized by the User personally.
14. APPLICABLE AND GOVERNING LAW
The Kitara's Website is hosted, controlled and operated from the Sultanate of Oman and therefore the Omani law enforced by the courts in Oman shall govern the use or inability to use the Kitara's Website, its content, services and these terms and conditions.
15. LEGAL COSTS
Kitara shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.