Disclaimer - ARK CAPITAL

This Website and/or App can be accessed worldwide. However, the information on the Website and/or App is related to ARK Capital Management (Dubai) Limited (‘ARK Capital’).

Any fact, assessment, analysis, forecasts, opinion and other information (collectively ‘Information’) released by ARK Capital,

whether provided on ARK Capital’s Website, on third party websites, in marketing materials, newsletters, in individual e-mails and letters, in lectures, individual conversations or in any other form of written or verbal communication (collectively ‘Publications’) are provided for informational and/or marketing purposes only.

Unless specifically stated, no Publication of ARK Capital should be construed as an offer (or solicitation of an offer) to:

buy or sell any currency, product or financial instrument,
make any investment, or (collectively ‘Offers’).
participate in any particular trading strategy

Notwithstanding anything to the contrary (not even if specifically stated), no Publication of ARK Capital should be construed as an Offer in any jurisdiction in which such Offer would be illegal. Any such perceived Offer will not be honored by ARK Capital.

No Representation, No Warranty

ARK Capital uses reasonable efforts to obtain information from reliable sources, but all Publications are provided on an ‘as is’ basis without representation or warranty of any kind (neither express nor implied) and ARK Capital disclaims liability for any Publication not being complete, accurate, suitable and relevant for the recipient. Specifically, ARK Capital disclaims liability towards any subscriber, client, partner, supplier, counterparty and other recipients for:

the completeness, accuracy, reliability, contemporaneity, suitability, or availability with respect to the contents of this Website;
the non-infringement, title, merchantability or fitness for any particular purpose of the contents of this Website;
that the contents available through this Website or any functions associated with this Website will be uninterrupted or error-free or that defects will be corrected or that this Website and its server is and will be free of all viruses or other harmful elements;
the accuracy of any market quotations;
any delay, inaccuracy, error, interruption or omission in providing market quotations; or – and any discontinuance of market quotations.

The Publications of ARK Capital are not updated after their release and may due to changing circumstances become inaccurate and possibly misleading after a period of time which may vary from seconds and minutes to days, weeks and months depending on the Information. ARK Capital gives no guarantee against, and assumes no liability towards any recipient for a Publication being outdated and shall be under no obligation to update the Publication.

Any Publication may be personal to the author and may not reflect the opinion of ARK Capital. ARK Capital reserves the right at its sole discretion to withdraw or amend any Publication or Information provided at any time without notice (prior or subsequent).

No Recommendations

ARK Capital does not in any of its Publications take into account any particular recipient’s investment objectives, special investment goals, financial situation, and specific needs and demands. Therefore, all Publications of ARK Capital are, unless otherwise specifically stated, intended for informational and/or marketing purposes only and should not be construed as:

business, financial, investment, hedging, legal, regulatory, tax or accounting advice,
a recommendation or trading idea, or any other type of encouragement to act, invest or divest in a particular manner (collectively ‘Recommendations’)

ARK Capital shall not be responsible for any loss arising from any investment based on a perceived Recommendation.

Notwithstanding anything to the contrary (not even if specifically stated), no Publication (including possible Recommendations) shall be construed as a representation or warranty (neither express nor implied) that the recipient will profit from trading in accordance with a trading strategy set forth in a Publication or that the recipient will not sustain losses from trading in accordance with a trading strategy set forth in a Publication.

Risk Warning

Trading in the products and services of ARK Capital may, even if made in accordance with a Recommendation, result in losses as well as profits. In particular trading in leveraged products, such as but not limited to, foreign exchange, derivatives and commodities can be very speculative, and losses and profits may fluctuate both violently and rapidly.

Speculative trading is not suitable for all investors.

Any mentioning, if any, in a Publication of the risks pertaining to a particular product or service may not and should neither be construed as a comprehensive disclosure nor full description of all risks pertaining to such product or service and ARK Capital strongly encourages any recipient considering trading in its products and services to employ and continuously consult suitable financial advisors prior to the conclusion of any investment or transaction.

Local regulatory restrictions

ARK Capital’s Publications may be accessed worldwide. The Information provided in such Publications is however only intended for use by recipients located in countries where such use does not constitute a violation of Applicable Laws or regulations. None of the products and services referred to in the Publications of ARK Capital are available to recipients residing in countries where the provision of such products and services would constitute a violation of mandatory Applicable Laws or regulations.

It is the sole responsibility of any recipient employing or requesting a product or service of ARK Capital to comply with all applicable legislation or regulation.

Use of the Website

Any use of ARK Capital’s Website is subject to ARK Capital’s ‘Terms of Use,’ and ‘Online Data Protection Policy’ as amended from time to time, both of which shall be construed as constituting an integrated part of this Disclaimer.

ARK Capital shall not be liable for any damage or injury arising out of any person’s or entity’s access to, or inability to access, any website of ARK Capital. This limitation includes, but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.

Consulting a website of ARK Capital does not constitute a customer relationship, and ARK Capital shall not have any duty or incur any liability or responsibility towards any person or entity as a result of such person or entity consulting the Website of ARK Capital.

Any market data displayed on this Website or App may only be used for your own internal business purposes and only in connection with this specific service. Distribution of any market data to any third party is prohibited.

Translation discrepancies

ARK Capital offers its Publications in a wide range of languages for the recipient’s comfort of use. In case of discrepancy between the original English text and any translation, the original English text shall prevail.

All recipients are advised to carefully examine the original English text before acting upon a translation thereof. Any user who does not fully understand the original English text is strongly encouraged to contact ARK Capital by e-mail at cs@ark-cap.com or by telephone at XXXXXX.

ARK Capital shall not be bound by, or liable to any recipient for, an incomplete or inaccurate translation of an original English text to another language.

Client relationship

When applying for an account with any entity within ARK Capital, each applicant will be subject to the relevant set of business terms. All applicants and clients are deemed to have read and understood the business terms and related policies applicable to them and their relationship with the relevant entity of ARK Capital.

Consulting a website or receiving a Publication of ARK Capital does not constitute a customer relationship, and ARK Capital shall not have any duty or incur any liability or responsibility towards any person or entity as a result thereof.

Third party services

Persons or entities not belonging to ARK Capital may advertise on ARK Capital’s websites, through links, banners or otherwise. ARK Capital shall not be held responsible or liable for the offerings, information or acts of any such third party. If a user of ARK Capital’s Website decides to act upon any such advertising, such user does so entirely at its own risk.

Limitation of Liability

ARK Capital does not accept any liability for any damage, loss or claims of any kind, whether under contract or tort or otherwise, including without limitation, any indirect or consequential damages of any kind or loss of business or profits howsoever caused and whether as a result of, or in connection with (directly or indirectly):

the use of this Website;
reliance on the contents of this Website;
any error or omission or defect in the contents of this Website;
any action, inaction or decision taken as a result of or in connection with the use of this Website or any information on this Website; or
any functions associated with this Website or any viruses or other harmful elements.
Part of this website contains information provided by third parties. These third parties are solely responsible for ensuring that the information they submit to ARK Capital is accurate, complete and current and complies with all Applicable Laws and regulations. ARK Capital is not responsible on any basis whatsoever for any information provided by third parties and will not verify such information. ARK Capital reserves the right to omit, suspend, remove or edit any third party information on this Website.
This Website provides general information only and is not intended, nor to be relied upon on any basis whatsoever, as any form of legal, financial, tax or other professional advice. You should consult appropriate professional advisers if you require financial or other advice.
Access to this Website may be suspended temporarily or permanently and without notice.

If ARK Capital at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of ARK Capital shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

Conflict of interest

In order to prevent conflicts of interest, ARK Capital has established appropriate business procedures, including procedures applicable to research and analysis to ensure objective research reports. ARK Capital’s research reports are never disclosed to nor discussed with any of the subject of the analysis, e.g. issuers of securities or others.

ARK Capital may hold, take, transfer or alienate positions in securities, foreign exchange or other financial instruments covered by a research report.

ARK Capital may act as market maker in all products and services not traded on an exchange (i.e. OTC products such as foreign exchange and CFDs) and may therefore be the counterparty in any trade conducted by customers in these products.

ARK Capital does not engage in corporate finance activities. Accordingly, none of ARK Capital’s directors, officers, employees or representatives, namely people in charge of analysis reports, receives remuneration in connection with the release of any analysis.

Privacy and Use of Personal Data

When signing up for a demo or live account with any entity of ARK Capital, this entity will, for administrative, commercial and/or legal purposes, require and store information about the user, including, but not limited to, name and address. Furthermore, ARK Capital may require some financial information for credit assessment purposes, as well as users’ e-mail address to be able to mail the login information. Users’ e-mail addresses will not be passed on to third parties, but may be used by any entity of ARK Capital for the promotion of its products and services.

ARK Capital is obliged by law to treat personal data as confidential and may not pass on or use any personal data without valid legal grounds.

All personal data is subject to the Online Data Privacy Policy.

Supervision

ARK Capital is under the supervision of the Dubai Financial Services Authority (‘DFSA’).

Disputes

This Disclaimer and any dispute arising from or in relation thereto, including disputes regarding its legality, validity, binding effect (including adoption) and enforceability, shall be settled by DIFC courts in accordance with and subject exclusively to DIFC laws.

Non-Independent Investment Research

Any information which could be construed as investment research has not been prepared in accordance with legal requirements designed to promote the independence of investment research. Further it is not subject to any prohibition on dealing ahead of the dissemination of investment research. ARK Capital, its owners, subsidiaries, affiliates or employees of the same may perform services for, solicit business from, hold long or short positions in, or otherwise be interested in the investments (including derivatives), of any issuer mentioned herein.

Forward-Looking Statements

Where there are statements contained in this website which are not historical facts, such statements could be data obtained as a result of simulated past performance or future performance based on current expectations, estimates, projections, opinions and beliefs of members of ARK Capital. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. Additionally, this website may contain ‘forward-looking statements’. Actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements. None of any opinions that may be inferred from the contents of this Website is intended to be relied upon as advice or recommendation of any action. They are intended merely as articulations of personal musings and speculations factually.

This material is confidential and should not be copied, distributed, published or reproduced in whole or in part or disclosed by recipients to any other person.