This agreement represents the document that governs the relationship between Blomal Financial Company
(“the Company” or “Blomal Financial”) and the user (“the Client”). It defines the obligations and rights
between Blomal Financial and the Client, and all of the following terms and conditions shall become
effective and binding once the Client acknowledges them and completes the registration process on the
platform. The Company reserves the right to amend or update the agreement as it deems appropriate, and
clients are advised to review it before making any investment decisions.
Second: Platform Overview
Blomal Financial is a licensed electronic platform from the CMA that aims to enable individual and
institutional investors to access investment opportunities in licensed investment funds and real estate
investment funds. The platform aggregates funds from a group of investors (“platform clients”) in order
to provide the necessary financing for the available investment funds, allowing them to participate in
potential returns according to their investment objectives and levels of risk tolerance.
The platform provides integrated services, including:
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Access to investment products: Enabling clients to view and purchase
units of various investment funds.
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Account and portfolio management: An investment portfolio is opened
for each client, allowing them to monitor the performance of their investments.
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Disclosure and transparency: The platform commits to providing
periodic reports and updates on investment performance and any changes that may occur in investment
strategies or fund fees.
Third: Contractual Nature / Nature of Activity
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Role of Blomal Financial as a distributor of investment units: The
Blomal Financial platform acts as a distributor of investment units issued by licensed investment
funds established in the Kingdom of Saudi Arabia, whether offered publicly or privately. This is
done in accordance with the regulations issued by the CMA, whereby the platform displays units of
these funds for its clients to invest in. All investment units are registered in the client’s
(subscriber’s) name with the fund manager, guaranteeing the exercise of their rights as a unit
holder in accordance with the relevant implementing regulations.
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Contractual relationship with the fund manager: Once an investment
transaction is completed through the platform, a contractual relationship is created between the
fund manager and the investor. This relationship includes the fund manager’s obligations to the
investor with respect to managing their investment and providing information regarding the fund’s
performance and management.
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Investor rights to obtain the fund’s Terms and Conditions: The
client, as a holder of investment units, has the right to receive from the fund manager an
Arabic-language copy of the fund’s Terms and Conditions. This document contains details related to
investment policies, fees, risks and any other binding conditions or requirements.
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Disclaimer regarding the Blomal Financial platform: The client
acknowledges that Blomal Financial operates solely as a distribution intermediary and does not bear
any responsibility relating to the management of the fund or its investments. The platform’s
responsibilities are limited to facilitating investment transactions and providing the client with
available information.
Fourth: General Risks
The client acknowledges and understands that investing in opportunities presented through the Blomal
Financial platform carries multiple risks that may affect the value of the invested capital. General
risks include, without limitation:
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Capital loss risk: Some investment opportunities offered on the
platform may involve high risks that could result in the loss of part or all of the invested
capital. The client should be aware of these risks and take them into account before making any
investment decision.
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Differences in investment durations: Investment opportunities vary in
terms of duration, ranging from short-term to long-term. The client must ensure they fully
understand the expected investment time horizon and its impact on their investment strategy.
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No guarantees: Blomal Financial provides no guarantees regarding
returns or capital protection for the investment opportunities offered. All potential returns are
subject to the fund’s performance and market conditions.
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Disclaimer regarding fund managers’ conduct: Blomal Financial bears
no responsibility for any misconduct, breach or non-compliance with any regulatory requirements or
CMA regulations by fund managers, fund boards or any parties related to the funds displayed on the
platform. Responsibility for compliance with these regulations rests with the fund managers and
those supervising them.
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Regulatory risks: Investment funds may be subject to regulations and
rules that may change from time to time. Such changes may directly affect fund investments, and the
client should be aware of and consider these risks.
Fifth: Eligibility
The user acknowledges that they have the legal capacity to use the services of the Blomal Financial
platform and that they agree to the terms and conditions set forth here. However, the platform may not
be used or these terms and conditions accepted in the following cases:
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Lack of legal capacity: If the user does not have the legally
recognized capacity to invest under the laws of the Kingdom of Saudi Arabia, whether due to age,
legal guardianship or any other restrictions that prevent them from making independent investment
decisions.
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Legal or regulatory prohibition: If the user is prohibited from
investing under any laws or regulations in force in the Kingdom of Saudi Arabia, such as cases where
regulations stipulate that individuals listed on certain sanctions lists are prevented from
investing or participating in investment activities.
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Compliance with CMA regulations: The user undertakes to ensure that
they meet all eligibility requirements in accordance with CMA regulations, including providing the
documents and evidence required to prove their eligibility when requested by the platform.
Seventh: Limitation of Liability
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Responsibility for fund managers’ conduct: Blomal Financial is not
responsible for any misconduct or non-compliance with CMA regulations or other regulations by fund
managers, fund boards or any parties related to the funds displayed on the platform. Legal and
regulatory responsibility lies with fund managers and the institutions responsible for managing
them.
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Disclaimer of financial losses: Blomal Financial bears no
responsibility for financial losses that the user may incur as a result of using the platform,
including but not limited to:
- Loss of profits: There may be a decrease in the value of
investments, or the expected returns may not be realized due to market fluctuations or other
factors outside the platform’s control.
- Loss of the entire investment amount: Investing in funds
offered on the platform carries the risk of losing all invested capital; Blomal Financial
does not guarantee reimbursement for such losses.
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No guarantees regarding services: Blomal Financial makes no express
or implied warranties concerning the quality or effectiveness of its services, including but not
limited to:
- Suitability of services to meet the user’s requirements: The
platform does not guarantee that the portfolio services and payment services available
through the platform will meet all of the user’s needs or expectations.
- Service continuity and reliability: The platform does not
guarantee that portfolio and other payment services will operate without interruption or
errors. Services may be temporarily interrupted or slowed down due to technical or
operational reasons.
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No investment advice: Blomal Financial does not provide any advice or
recommendation to invest in the investment opportunities; its role is limited to listing the
available opportunities.
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Employees’ actions: None of the company’s personnel are entitled to
recommend or encourage investment in a particular fund. Should such an action occur, it is
considered an individual act for which the company assumes no responsibility.
Eighth: Account Management, Deposits and Withdrawals
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Creation of the investment account: An investment account is created
in the client’s name through the Blomal Financial platform, encompassing all investment activities
related to the purchase and sale of units of investment and real estate investment funds.
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Depositing funds in a bank account and client’s consent: The client
acknowledges and agrees that, in accordance with CMA regulations, Blomal Financial (and its
affiliate Blomal Financial, where applicable) retains the right to deposit the client’s funds in a
bank account at a local bank that generates returns for the company, without any obligation on the
client. The client’s signature on this agreement constitutes explicit written consent to this
procedure, provided that the funds are used in accordance with applicable regulations, including
client money rules and the relevant regulatory provisions.
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Withdrawal processing times: Blomal Financial commits to transferring
funds to the client’s personal bank accounts within 24 business hours (business days). The actual
time required to complete the process depends on banking regulations in the Kingdom of Saudi Arabia.
Ninth: Virtual Account Services
Upon completion of the registration procedures on the Blomal Financial platform, the company opens a
virtual bank account for the client at Arab Bank. This account is used exclusively to deposit the funds
the client wishes to invest in their portfolio on the platform.
The client may easily transfer funds between their personal bank account linked to the platform and
their virtual account to manage the funds required for investments via the platform. The client
acknowledges that the virtual account is not a conventional bank account and does not provide banking
services such as cash withdrawals or cheques.
Using the virtual account, the client may:
- Top up the wallet: The client can deposit money into the virtual
account to enable investing in opportunities available on the platform, facilitating activation of
the portfolio and investment.
- Subscribe to funds: The client can subscribe to investment funds
offered on the platform using the balance in their virtual account.
- Withdraw the balance: The virtual account allows the client to
transfer funds to their personal bank account registered with the platform at any time, through
their dashboard.
Tenth: Fees and Commissions
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Account opening: Blomal Financial does not charge any fees for
opening an account on the platform. Fees are charged only upon the start of actual investment in
available opportunities.
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Subscription fees: Blomal Financial charges a subscription fee not
exceeding 2% of the value of the individual’s investment. Value-added tax (VAT) is excluded from
this percentage and is calculated and added separately in accordance with regulations.
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Additional commissions: Blomal Financial may receive additional
commissions from fund managers in return for distribution services or client relationship
management. These commissions are paid from the fund manager’s own resources and do not impose any
additional costs on the client.
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Disclosure of costs: Blomal Financial is committed to fully
disclosing any fees or commissions applied to ensure that the client is aware of all costs
associated with the platform’s services.
Eleventh: Rights of Blomal Financial
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Imposing restrictions on accounts and portfolios: Blomal Financial
reserves the right to impose restrictions on the use of the account or portfolio or transactions
conducted through them without prior notice, as it deems appropriate to ensure compliance with
regulations and laws. Such restrictions may include, but are not limited to:
- Limiting the number of financial transactions permitted within a specific time period.
- Setting limits on the amounts that may be deposited into the account within a given period.
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Freezing investment accounts: Blomal Financial has the right to
freeze investment accounts upon the request of the CMA or a competent judicial authority, based on a
request submitted to the CMA. Freezes are carried out in accordance with the instructions issued by
the competent authorities and in accordance with applicable laws.
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Taking preventive measures: The platform has the right to take any
additional precautionary measures it deems necessary to protect the investment system from any
unauthorised or non-compliant activity with the platform’s instructions or the applicable
regulations.
Thirteenth: Your Obligations
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Reviewing terms and conditions: You must read and understand the
terms and conditions of the offered investment opportunity carefully before making any investment
decision to purchase units in any opportunity through the platform.
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Intellectual property rights: All logos and trademarks on the
platform are registered and protected by law. Any infringement or misuse of these marks may expose
you to legal liability.
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Non-refundable investment in closed-ended funds: Once you have paid
the investment amount through the platform to purchase units in a closed-ended fund on offer, this
amount becomes non-refundable, except upon liquidation of the fund in accordance with the fund’s
terms and conditions.
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Subscriptions and redemptions in open-ended funds: The client has the
right to subscribe to units of open-ended funds listed on the Blomal Financial platform in
accordance with each fund’s Terms and Conditions, and requests are processed electronically through
the platform.
- Units are calculated based on the Net Asset Value (NAV) on the pricing date specified in the
fund’s Terms and Conditions.
- Subscription and redemption requests must be submitted on dealing days before the announced
cut-off time, and the transactions are executed in the next available pricing cycle.
- Blomal Financial undertakes to transfer redemption amounts to the client’s personal bank
account after receipt from the fund manager within the specified time limits.
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Protecting login data: You are responsible for all activities
conducted through your account on the platform; you must take adequate steps to protect the
confidentiality of your username and password. You must notify the platform immediately if you
become aware of any disclosure, loss, theft or unauthorized use.
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Opening a virtual account: By registering on the platform, you
authorize Blomal Financial to open a virtual account in your name at Arab Bank for the purpose of
managing your investments securely through the platform.
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Reviewing the privacy and disclosure policies: You must read and
agree to the privacy policy and disclosure policy before registering on the platform and using its
services.
Fourteenth: Client Declarations
The client declares that:
- Eligibility for registration and use: They have the legal capacity to
register for and use the portfolio services in accordance with the applicable laws and regulations.
- Accuracy of personal information: The name provided during
registration is their real name or the trade name registered with the Ministry of Commerce.
- Personal use of the account: They will not use the portfolio on
behalf of any other natural or legal person; the account is intended for their personal use only.
- Compliance with laws and regulations: They will adhere to all laws
and regulations in force in the Kingdom of Saudi Arabia and acknowledge keeping up to date with
them.
- Refraining from using services unlawfully: They will not use the
portfolio services for any fraudulent activity or in a manner that could disrupt or negatively
affect the platform’s services.
- Not subject to any sanctions lists: They are not listed on any list
of prohibited or restricted parties and are not under the control of any sanctioned party, including
lists issued by the United Nations Security Council, the US Government (such as the Specially
Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List and Entity List), the
European Union or any relevant governmental authorities.
- Correctness of KYC and self-certification information: They certify
that the information provided in the Know Your Customer (KYC) form and the Self-Certification for
tax residency for residents subject to tax is valid, correct and complete.
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They acknowledge that the company will rely on the information contained in these forms and will
update
their data and information if any change occurs. If the client does not update the data and fails to
provide an updated and valid copy of their identity and documents within six months of their expiry,
the
company will freeze the account for twelve months and then close the account without notice.
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They declare and undertake that all information and data contained in this Investment Account
Opening
Agreement are correct and accurate and are their responsibility. The company may rely on them, and
the
client thereby authorizes the company to execute financial and investment transactions on the
investment
account indicated at the beginning of this agreement upon their request, if any.
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The client also agrees to provide the company and its authorized representative with updated
identification and commercial registration information upon expiry, with a maximum of three years
from
the account opening date or the last update, and agrees that the company has the right to freeze the
account upon expiry of these documents and halt all transactions until certified copies of the
renewed
documents are received.
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They confirm that under no circumstances shall the company, its employees or its contractors be
liable
for any direct, indirect, incidental, special or consequential damages that may arise in any way
from
reliance on the information the client has provided.
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They declare that they have completed this form without advice or assistance from the company and
acknowledge that providing incorrect information, concealing relevant information or providing
misleading information may lead to rejection of the application and/or other actions.
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They acknowledge that the company will rely on the information contained in this form; if there is
any
change in tax status, they will provide written notice to the company indicating that the current
form
is cancelled and provide an updated form.
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They acknowledge that they have received and understood their suitability and risk report and the
products offered by the company that will be invested in, and they confirm their desire to act upon
it
and assume any responsibility and risks arising from this report. They also acknowledge having
received
full advice regarding their investment situation and the appropriateness of the offered products.
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We/I release the company from its obligation to maintain confidentiality and give the company the
freedom to disclose – when required by law or at the request of the authorities – any information
relating to my/our account without any prior consent from me/us, to the courts or regulatory or
other
authorities in the Kingdom of Saudi Arabia, in my/our country of residence, or in the country where
this
account is maintained in its currency or through which it passes, or to any other regulatory or tax
authorities or other authorities in the local jurisdiction and elsewhere.
Fifteenth: Complaints
Blomal Financial is committed to providing the necessary support to clients by receiving and processing
complaints quickly and effectively.
Complaints can be submitted through any of the following official channels:
- Platform X account: Via the official platform account: @Blomal_sa.
- In-platform complaints icon: A complaint form is available through
the complaints icon integrated in the platform.
- Website and application messages: You can send complaints through the
messages feature available on both the application and the website.