1. Acceptance of Terms
By registering for and using the Rubiani Capital ISPP platform, the investor agrees to these User Terms and Conditions, including any related risk disclosures, privacy notices and platform policies issued by Rubiani Capital Limited.
Use of the platform confirms that the investor has read, understood and accepted these terms.
2. Purpose of the Platform
The platform is provided to support investor onboarding, financial goal planning, account management, contribution tracking, portfolio visibility and investor service requests.
The platform is intended to assist investors in planning and monitoring their investment journey. It does not remove the investor’s responsibility to understand the nature, risks and suitability of any investment decision made.
3. Eligibility and Registration
The platform may be used by individuals or entities that meet applicable legal, regulatory and onboarding requirements.
Investors are required to provide accurate, complete and current information during registration and onboarding. Rubiani Capital may decline, suspend or terminate access where information provided is incomplete, inaccurate, misleading or fails to satisfy compliance requirements.
4. KYC and Account Verification
All investors are required to complete Know Your Customer verification before account activation.
Rubiani Capital may request identity documents, contact details, tax information, source of funds information or any other documentation required for onboarding, compliance, investor protection or regulatory purposes.
Account activation is subject to successful verification and internal approval.
5. Financial Calculators and Projections
The platform provides financial planning calculators to assist investors in estimating possible investment outcomes based on selected assumptions, including target amounts, contribution levels, timelines and expected growth rates.
Calculator outputs, projections and illustrations are provided for planning and indicative purposes only. They do not constitute a guarantee, warranty or assurance of future returns.
Past performance is not a guarantee of future performance. Actual investment outcomes may differ from projections due to market movements, fees, taxation, inflation, contribution patterns, withdrawals, product performance and other factors.
Investors should therefore treat calculator results as guidance for planning and not as a promise of investment performance.
6. Investment Risk
All investments carry risk. The value of investments may rise or fall, and investors may receive less than the amount invested depending on the nature of the investment product and market conditions.
Rubiani Capital does not guarantee investment returns unless expressly stated in product-specific documentation issued by an authorized product provider.
Investors are encouraged to review all relevant product information, risk disclosures and suitability considerations before making investment decisions.
7. Investor Instructions and Account Requests
The platform may allow investors to submit account-related requests, including account opening, contribution updates, withdrawal requests, account closure requests, information requests or other service instructions.
Submission of a request through the platform does not automatically mean that the request has been approved or completed. All requests are subject to verification, processing requirements, product rules, compliance checks and applicable timelines.
Rubiani Capital may contact the investor for clarification, additional documentation or confirmation before processing any account instruction.
8. Investor Responsibilities
The investor is responsible for:
- Providing accurate and updated personal information
- Keeping login credentials confidential
- Reviewing investment information before making decisions
- Monitoring account activity and reporting any suspected error or unauthorized access
- Ensuring that contributions and instructions comply with applicable laws and product requirements
Rubiani Capital shall not be responsible for loss arising from false information, unauthorized sharing of login credentials or failure by the investor to update material information.
9. Platform Access and Availability
Rubiani Capital will take reasonable steps to maintain platform availability, security and functionality.
However, access may occasionally be interrupted due to maintenance, system upgrades, technical issues, internet connectivity, hosting interruptions or circumstances beyond Rubiani Capital’s control.
Rubiani Capital may update, modify, suspend or restrict access to the platform where necessary for security, compliance, maintenance or operational reasons.
10. Data Privacy and Confidentiality
Investor information will be collected, stored and processed for onboarding, account administration, compliance, reporting, investor communication and service delivery purposes.
Rubiani Capital will take reasonable measures to protect investor data and restrict access to authorized personnel only.
Investor data may be shared with regulated partners, custodians, product providers, payment processors, professional advisers or regulators where necessary for account administration, compliance or legal purposes.
11. Communications and Notices
By using the platform, the investor consents to receive communications from Rubiani Capital through email, phone, SMS, platform notifications or other contact details provided during onboarding.
Such communications may include account updates, transaction confirmations, statements, service notices, compliance requests and investor education content.
The investor is responsible for ensuring that contact details remain accurate and up to date.
12. Limitation of Liability
Rubiani Capital shall take reasonable care in operating the platform and processing investor information.
However, Rubiani Capital shall not be liable for losses arising from market performance, third-party service failures, investor error, inaccurate information provided by the investor, unauthorized access caused by investor negligence, system interruptions outside its reasonable control or reliance on indicative projections.
Nothing in these terms excludes liability where such exclusion is prohibited by applicable law or regulation.
13. Amendments to Terms
Rubiani Capital may update these Terms and Conditions from time to time to reflect changes in platform functionality, business operations, regulatory requirements or investor protection measures.
Updated terms may be published on the platform and shall become effective upon publication or notice to investors.
14. Governing Law
These Terms and Conditions shall be governed by the laws of Kenya and applicable capital markets, data protection and financial services regulations.
Any disputes shall be handled through the applicable legal, regulatory or dispute resolution mechanisms available in Kenya.
