Introduction
MYXENO Investment Management Limited (“XENO”, “we”, “us” and/or “our”) operates an Automated Investment Management Platform (the “Platform”). The Platform is available through our website, mobile application, and USSD. By continuing to use the Platform, you are agreeing to comply with and be bound by these terms of use. Please do not use our Platform if you do not agree with any part of these Terms of Use. Please note that these Terms of Use should be read together with our Privacy Policy and Investment Management Agreement.
Important Legal Information
Please read these Terms of Use carefully. XENO owns and operates the investment management portion of this website (“Site”). By registering for, logging into, visiting and/or otherwise using the Platform in any way, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract, and you accept the terms of use as set forth herein and agree to be legally bound by them. Please do not access this website or any pages thereof if you do not agree to these Terms of Use.
Reservation of Rights
XENO reserves the right, at our discretion, to modify, change, add, or remove sections of these Terms of Use at any time. Your continued use of the Platform following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Platform constitutes reasonable and sufficient notice. At all times, you agree to be bound by the latest version of the Terms of Use and all applicable laws.
Definitions
Throughout this agreement, a Visitor refers to a person who uses our Platform for purpose of gaining information. On the other hand, a client is a person who signs our Investment Management Agreement (the “Agreement”) and sets up an investment account managed by XENO on our Platform. The term “you” refers to the Visitor or Client of our Automated Investment Service (the “Service”). This Terms of Use and where applicable Agreement collectively governs your use or assessment of our Platform.
Intended Use of Content
Our Platform is exclusively intended for private use by natural persons with places of residence in countries, which fulfil the statutory and contractual requirements for making use of the service offered by XENO. The data, information, or other content of the Platform (altogether “Content”) may not comply with regulatory and other statutory requirements in jurisdictions outside Uganda. The Content on this Platform is available for informational purposes only. The posting of Content and access to this Platform does not constitute, either explicitly or implicitly, any provision of services or products of XENO or any of its respective affiliates.
No Offer
There is nothing contained herein that constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities are offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful. All Platform Content is subject to applicable statutes and regulations. Any potential investor should satisfy himself/herself that becoming a XENO Client is permissible under the rules and regulations of his or her domicile. The Platform is not directed to any individual in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the availability of the Platform is expressly prohibited by law. Individuals in respect of whom such prohibitions apply must not access the Platform. The information provided on the Platform is for informational purposes only and investors should therefore decide for themselves whether a particular service or product is suitable for their investment needs otherwise, they should seek such professional advice for their particular situation. Please be sure to refer to specific offering documents for further information on each product or service. Certain statements contained herein may be statements of future expectations and other forward-looking statements that are based on our current views and assumptions and involve both known and unknown risks and uncertainties that may cause the actual results, performance, or events to materially differ from those expressed or implied in such statements. Furthermore, to statements which are forward-looking by reason of context, the words “may, will, should, expects, plans, intends, anticipates, believes, estimates, predicts, potential, or continue” and similar expressions identify forward-looking statements. The matters discussed herein may also involve risks and uncertainties described from time to time in the respective XENO filings with Uganda’s Capital Markets Authority. The company assumes no obligation to update any forward-looking information contained herein.
Information you provide
In order to provide you with products and financial services that are relevant to your requests, we must have accurate information from you. So, in providing information to us, you confirm that all data you have given is accurate and if you wish to correct or update the information you give us, you can do so by contacting us at kenya@myxeno.com . XENO may terminate any services or products offered to you or others based upon your intentionally providing materially false information or acting under a false identity that you have previously given us.
No Advice
The Content does not constitute investment, legal or tax advice. In particular, the Content on Financial Instruments is not to be understood as individual investment advice or an investment recommendation. Financial Instruments and financial services are subject to various risks. Thus, it may be necessary to consult a professional adviser on financial, tax and/or legal matters. It shall be your responsibility to ensure that any products, services, or information made available through this website are suited to your specific needs. Different types of investments involve different degrees of risk, and there is no guarantee that the future performance of any specific investment or investment strategy (including those recommended or undertaken by XENO), will be profitable at all or equal to any historical performance levels. You may get less than what you put in. Not all investments on the Platform may be suitable for all investors. Therefore, investors should make their own investment decisions based on their financial objectives and financial resources and should obtain independent investment and tax advice before deciding to invest with XENO. In addition, the scenarios discussed on the Platform have been selected only as examples to demonstrate the possible performance of investments in different investment portfolios. The selected investments do not represent XENO’s entire investment universe with regard to a particular asset class, geographic region, and/or a particular investment account. The selected scenarios may be based on ongoing investments of certain investment portfolios managed by XENO, and are not intended to be, and should not be construed as, investment advice or a recommendation to purchase or sell any particular security. Investment scenarios or other investments discussed on the Platform ultimately may generate positive returns, and other investments made in these asset classes or geographic regions, but not discussed on the Platform, may generate negative returns, or vice versa. It should not be assumed that investments made for any particular investment account will match the performance or character of the investments discussed on the Platform, or that the returns of any accounts managed by XENO will equal the performance of the investments discussed on the Platform. Investors may experience materially different results.
Exclusion of warranty
The Content is presented merely to explain our investment management service. Unless expressly stipulated otherwise by mandatory provisions of law and/or contractual provisions, XENO assumes no liability for the completeness, timeliness and/or correctness of the Content. You also acknowledge that the platform may contain errors, bugs, and other problems that could cause failures in our systems. As a result, the Platform and the content are provided “as is” and “as available” without any warranties of any kind, including that the Platform or Content will function without error or that the Platform, its servers, or the content are free of computer viruses, similar contamination, or malware. We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties rights, and fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade. Certain jurisdictions do not allow the exclusion of some warranties. Therefore, some of the above limitations on warranties in this section may not apply to you. No advice or information, whether oral or written, obtained by you from XENO, shall create any warranty not expressly stated in this Agreement. If you choose to rely on this information, you do so solely at your own risk. XENO may interrupt, cease and/or amend the way the Platform functions or the access to the Platform in whole or in part at any time without notice.
Restriction of Liability
In no event shall XENO or any of its officers, directors, employees, affiliates, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of XENO, content and/or user information, including but not limited to the quality, accuracy, or utility of the information provided as part of or through XENO or for any investment decisions made on the basis of such information, whether the damages are foreseeable and whether or not XENO has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the relevant jurisdiction and no event shall XENO's cumulative liability to you go beyond the total fees that you have paid to us within the three (3) months immediately preceding the events giving rise to the claim.
Third-Party Links
Following certain links within our Platform or certain other Platforms that are linked to our Platform may direct you to other websites, or display information from other websites, which may not be run by XENO. Such linked websites may contain their Terms of Use, confidentiality provisions, privacy provisions, or other provisions that differ from the Terms of Use applicable to our Platform. The links to other websites are provided merely for the convenience of the visitors and clients. However, a link to any website is not an endorsement by XENO of any kind of service or website, its content, or its sponsoring company. XENO assumes no responsibility or liability whatsoever for the content, accuracy, reliability, or opinions expressed in an external website (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by XENO. It is your sole responsibility to assess the accuracy, reliability, timeliness, and completeness of any information availed on the linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merch.
Copyright and other Property Rights
This Platform (including the software and files), the computers hosting this Platform, and content provided on this Platform, including any text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of the XENO Corporation and are protected by law, including the United States copyright, database, trade secret, and trademark law, as well as another state, national, and international laws and regulations. The XENO reserve all rights concerning its proprietary information or material on this Platform and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms of Use, XENO does not grant any express or implied rights to you. All rights in the pages and Content are owned by the XENO and their respective licensors. You expressly agree not to sell, distribute, publish, broadcast, circulate or commercially exploit Site Content in any manner without the express written consent of XENO. Any downloading or otherwise copying from this Platform will not transfer title to any software or material to you. Unless otherwise noted, XENO and other brands featured on the Platform constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity of the respective XENO’s ownership of, such copyrights, trademarks, or any other intellectual property of any XENO, or assist any third party in doing so.
Termination
You may request us to terminate your Client Account at any time and for any reason by sending an email to kenya@myxeno.com. We may terminate or suspend your access to XENO, in our sole discretion, at any time for any reason without notice to you. Moreover, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we consider appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to XENO under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Username and Password
You must treat your username and password as confidential. If you know or suspect that anyone other than you know your username and password, you must promptly contact us at kenya@myxeno.com. You will be responsible for any losses you incur as a result of your failure to keep your username and password secure.
Miscellaneous
We may amend these Terms of Use at any time without prior notice. If at any time, any provision of the Terms of Use is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity, or enforceability of any other provision of the Terms of Use nor the legality, validity, or enforceability under the law of any other jurisdiction shall in any way be affected or impaired. Your use of the Platform and any dispute arising out of such use are subject to the laws of Uganda.
