Privacy Policy

By accessing, registering on, or using the Platform, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions (the “Terms”), as amended from time to time.

AIML may amend, update or replace these Terms from time to time. Any such changes shall take effect upon publication on the Platform or upon such later date as AIML may specify. Your continued access to or use of the Platform after such publication shall constitute your acceptance of the revised Terms.

These Terms are in addition to, and shall be construed together with, the application form completed and submitted through the Platform, the Deed of Adherence accepted in relation to participation in Acorn Capital Partners LLP (“ACPL”), the Deed of Indemnity executed by any person applying in a representative capacity on behalf of a group (where applicable), the applicable Privacy Policy, and any other product-specific terms, disclosures, acknowledgements, consents or transaction documents issued, completed, accepted or otherwise made available through the Platform by AIML from time to time (collectively, the "Investment Documents").

In case, you do not agree to these Terms or the Privacy Policy, you must not access, register on, or use the Platform.

By accepting the Terms, you hereby represent that you must: -

be 18 years or older and have the capacity to enter a binding contract with us and not be barred from doing so under any applicable laws.

be a Kenyan citizen or resident in Kenya. Any use/access of the platform by any person, who is not resident of Kenya, shall be at his/her sole responsibility including determining whether such use / access of the Platform constitute any breach under any applicable laws of Kenya and his / her country of residence.

will provide all information and documentation reasonably required by AIML in order to satisfy applicable legal, regulatory, compliance, onboarding, anti-money laundering, counter-terrorism financing, know-your-customer and suitability requirements.

Your Registration Obligations:

In order to access certain features of the Platform, you must create a Vuka account and complete the applicable online registration or application form on the Platform, together with such information and supporting documents as AIML may reasonably require from time to time for onboarding, verification, regulatory compliance and provision of services.to time.

Your account shall only be activated once AIML has completed its onboarding, KYC and verification processes to its satisfaction in accordance with the Know Your Client ("KYC") guidelines issued by the Capital Markets Authority – Kenya ("CMA"). AIML reserves the right, in its sole discretion and without obligation to provide reasons, to decline, suspend, limit or terminate any registration or account where it considers this necessary for legal, regulatory, risk, operational or business reasons.Vuka account will be approved once AIML, undertakes your KYC verification if any, its own KYC requirements and based on the information provided by you including your personal data.

You may be required to complete a risk profile assessment and/or a suitability assessment,. Any such assessment is based on the information you provide and is intended for general suitability and compliance purposes only.. The assessment, and the results should not be regarded as investment advice or an offer to sell or a solicitation for an offer to purchase any investment product. AIML accepts no responsibility or liability for the accuracy or completeness of the information provided in the assessment and the results. The risk assessment is not a substitute for professional advice.

You may also be required to provide payment-related information, including bank account details or other settlement details, to enable transactions through the Platform.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality and security of your password and account credentials, and are fully responsible for any and all activities that occur through your account unless and until you notify AIML of unauthorized use.

You agree to (a) immediately notify AIML of any actual or suspected unauthorized use of your account, compromise of your login credentials, or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform.

AIML shall be entitled to act on instructions, requests and transactions submitted through your account, or authenticated using your credentials, devices, OTPs, email address or other agreed authentication methods, and AIML shall not be liable for acting on such instructions unless caused by its fraud, wilful misconduct or gross negligence.

In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Vuka account information to ensure that your emails, text messages, or One Time Password(s) (OTP) are sent to the correct destination.

Subject to successful registration, ongoing compliance with these Terms and any other applicable product specific terms , AIML may make available on the Platform services and functionality including the ability to: -

access investment information, account features and related services;

initiate and submit transactions including but not limited to funds deposit, units purchase, sale of units and withdrawal of funds, and such other permitted instructions as AIML may allow from time to time;

view personal data, account information, investment related data and transactions history undertaken on the Platform.

access to general investment-related information for educational purposes with respect to the Vuka product and related offerings.

Submission of an instruction through the Platform does not by itself guarantee processing, acceptance or completion of the relevant transaction. All transactions remain subject to verification, availability, legal and regulatory requirements, internal controls, and any applicable product terms.

No information or content contained in this Platform should be interpreted as an offer (a) an offer to the public; (b) a binding offer capable of acceptance;(c) investment, tax, accounting, legal or other professional advice; or (d) a recommendation to buy, sell or hold any investment.

Any investment or transaction remains subject to completion, execution and acceptance of the applicable Investment Documents, satisfaction of AIML’s onboarding and compliance requirements, and any other conditions that AIML may impose.

Any market commentary, projections, illustrations, estimated returns, performance information or other content on the Platform is provided for general informational purposes only and does not constitute a promise, warranty or guarantee of future performance.

Prohibited Conduct:

In connection with your use of the Platform, you agree that you will not: -

upload, post, transmit or otherwise make available content that is unlawful, libelous, intentionally false, abusive, obscene, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

collect, store, use or transfer any personal, or confidential information belonging to another person except as expressly permitted by law and the authority of the owner of the information;

infringe any third party’s intellectual property, trade secret or proprietary rights.

transmit content that contains software viruses, worms or any other computer code that interrupt, destroy or limit the functionality of the Platform;

interfere with, disrupt, damage, impair or compromise the proper functioning, security or integrity of the Platform or any related systems or networks;

use scraping, bots, crawlers, data mining, robots or similar automated means for data gathering or extraction of data from the Platform;

use the Platform for any unlawful or improper purpose;

circumvent, disable or otherwise interfere with security features or access controls of the Platform; or

assist, encourage or permit a third party to do any of the foregoing and violate the Terms.

AIML reserves the right, in its sole discretion and without prejudice to any other rights or remedies, to investigate and take appropriate legal action against anyone who, in it’s sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending, or terminating the account of such violators, reversing or placing transactions on hold where permissible, and reporting you to the law enforcement authorities.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you are not confidential, unless expressly agreed otherwise in writing, and AIML will be entitled to the unrestricted non-exclusive use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that AIML may preserve, monitor, review and disclose information, communications or content where reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Vuka, its users and the public.

By using the Platform, you consent to transacting with AIML electronically and to receiving communications, notices, disclosures, statements, records, agreements and other documents in electronic form. You acknowledge that electronic communications shall satisfy any legal requirement that such communications be in writing.

Any disclosures including but not limited to the annual report, semi-annual reports and statement of accounts will be provided to you electronically either on our website or via electronic mail to the verified email address you provided. It is your responsibility to ensure that your contact details remain accurate and accessible, and that your devices, inboxes and communication channels can receive communications from AIML.

If you require paper copies of such disclosures, you may write to us at the email address provided on our platform and a paper copy will be sent to you at a cost of up to KShs. 100 per page or such other amount as shall be determined by AIML from time to time. A request for a paper copy of any disclosure will not be considered a withdrawal of your consent to receive disclosures electronically.

You agree to pay all fees, charges, levies and costs where applicable in relation to any service or transactions, as may be disclosed on the Platform from time to time, in the relevant Investment Documents or otherwise communicated by AIML. Unless stated otherwise, all fees and investment shall be subject to all applicable taxes, duties and statutory levies, which shall be borne by you where applicable.

The Platform may contain links to third-party websites, tools, software, payment channels or services, or may enable interactions with third-party service providers.

Such third-party services are provided for convenience only. AIML does not control, endorse or assume responsibility for any third-party content, systems, products or services.

Your dealings with third parties are solely between you and the relevant third party, and AIML shall not be liable for any loss, damage, delay, error or claim arising from or in connection with such dealings.

AIML may, at any time and without prior notice, modify, update, suspend, restrict or discontinue the Platform or any part of it, whether for maintenance, upgrades, security, legal compliance, operational reasons or otherwise.

AIML does not guarantee that the Platform will be available at all times or operate uninterrupted, securely or error-free. AIML shall not be liable for any unavailability, delay, interruption, data loss, failed transmission or security breach arising from circumstances beyond its reasonable control, including telecommunications failures, internet outages, system maintenance, third-party service failures or force majeure events.

You agree to indemnify, defend and hold harmless AIML, its holding company, affiliates, related entities, service providers, agents, directors, officers and employees from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of or in connection with:your use or misuse of the Platform;your breach of these Terms or any applicable Investment Document; any information or documentation provided by you that is false, inaccurate, misleading or incomplete; your violation of any law or the rights of any third party; or any transaction or instruction initiated through your account, except to the extent caused by AIML’s fraud, wilful misconduct or gross negligence.

AIML will process your personal data in accordance with its Privacy Policy and applicable data protection laws.By using the Platform, you consent to the collection, verification, processing, storage, sharing and use of your personal data as reasonably necessary for onboarding, account administration, transaction processing, legal and regulatory compliance, fraud prevention, service improvement and related lawful purposes.

You confirm that any personal data you provide is accurate and that, where you provide personal data relating to another person, you have obtained the necessary authority or consent to do so.

To the fullest extent permitted by law, AIML shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage, or for any loss of profits, revenue, business, opportunity, goodwill, anticipated savings, data or reputation, arising out of or in connection with the Platform or these Terms, whether in contract, tort, negligence or otherwise.

Without limiting the generality of clause 15.1, AIML shall not be liable for any loss arising from:

your inability to access or use the Platform;

delays, interruptions, errors or downtime affecting the Platform;

unauthorized access to, alteration of or interception of your data or communications;

reliance on information made available on the Platform;

acts, omissions or failures of third parties, including network providers, payment processors and other service providers; or

any transaction not completed due to compliance checks, technical failure, insufficient information, or other lawful or operational reasons.

Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, gross negligence, or any liability which cannot lawfully be excluded or limited. To the extent permitted by law, AIML’s aggregate liability to you arising out of or in connection with the Platform shall not exceed the total fees paid by you to AIML for use of the Platform in the twelve (12) months preceding the event giving rise to the claim, or Kenya Shillings Ten Thousand (KShs. 10,000), whichever is lower

AIML will deal with any complaints and queries that you may have in line with its applicable complaints handling procedures and policies.. If you have any complaint, question or wish to report a suspected breach of these Terms, you may contact AIML through the contact details made available on the Platform or by email at [email protected].

The Terms are governed and construed in accordance with the law of the Republic of Kenya without reference to any conflict of law provisions. All transactions and interactions conducted on this Platform shall be subject to Kenyan law, and only Kenyan courts shall have jurisdiction to hear disputes arising from such transactions or these Terms.