Terms of Use

Thank you for visiting the website of Ark Capital Management (Dubai) Limited (“Ark Capital”). This website (“Website”) is provided by Ark Capital and its contents are to be used for informational purposes only.

The information contained in this communication is intended for Clients who qualify as Professional Clients or Market Counterparty under the Rules enacted by the DFSA, and no other Person shall act upon such information. This Website is exclusively provided for residents of the DIFC and residents of countries where it would not be prohibited or against local laws to provide information in this Website (hereafter “Permitted Jurisdictions”). The financial products and services described in this Website are only available to persons accessing the Website from within the DIFC or another Permitted Jurisdiction. Ark Capital reserves the right to modify these Terms without notice and each use of this Website constitutes your agreement to be bound by the Terms and modified Terms at the time of such use.

Any information or opinions contained herein (other than information or opinions contained in reports or articles prepared by third parties) have been produced by Ark Capital based on information obtained from sources believed to be reliable but which it has not independently verified. Ark Capital makes no guarantee, representation or warranty and accepts no responsibility or liability as to the accuracy and completeness of such information or opinions.

This Website may contain certain reports or articles from third parties. The information contained in these reports and articles was prepared exclusively by third parties that are independent from Ark Capital and its employees. As such, these articles and reports solely represent the opinions and work of their third party authors. Ark Capital does not provide any assurances as to the veracity, reliability or comprehensiveness of these articles. Nothing in any reprinted or linked reports or articles should be considered an offer to buy or sell any security by Ark Capital.

This Website, and all materials, including but not limited to, content, information, trade names, trademarks, logos and other intellectual property (collectively “Materials”) is copyrighted and protected by worldwide copyright. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying, reproduction and/or distribution of the Materials in part or in whole by any means whatsoever. All content and information shown on the Website (“Content”) are owned by, controlled by or licensed to Ark Capital.

Ark Capital and its related persons do not accept any liability for errors and omissions. The Materials or information displayed on this Website does not in any way constitute investment, legal, tax or other advice and it should not be relied upon and the material or information on this Website does not in any way constitute and offer to sell or a solicitation of an offer to buy investments, financial instruments, securities or other services. Ark Capital does not guarantee any particular rate or return on the performance of any investment and all investments are subject to various risks. Past performance is not an indicator of future results. You should consult your legal adviser or your professional adviser if you require financial or any other advice specific to your situation.

Any descriptions of past performance of funds or clients advised by Ark Capital do not indicate future performance results. Any reference to Ark Capital’s clients or specific investment recommendations may not represent the full universe and diversity of Ark Capital’s clients and investment recommendations.

Information contained on this Website, including commentary on any markets in which Ark Capital or any of its clients invests, reflects analysis and other information available as of either time such information was posted on this Website or as otherwise specifically indicated. Such information and commentary are subject to change without notice. Readers should not rely on any material contained herein and should seek independent advice wherever necessary.

By using this Website, you acknowledge that you have read, understood and agreed to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use this Website. Ark Capital reserved the right, at its sole discretion, to change, modify, add or remove portions of these terms at any time. Therefore, Ark Capital suggests that you review these terms periodically for changes. By using this Website after Ark Capital has posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website are hereinafter collectively referred to as the ‘Website Content’

USE OF WEBSITE CONTENT

You are only permitted to access and use the Website for your personal, non-commercial purposes, and you must not:

  • modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or exploit any of the Website Content, in whole or in part, in any way for any public or commercial purpose, except as otherwise expressly permitted herein;
  • use the Website in violation of any Applicable Law or regulation;
  • use the Website in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of Ark Capital or any third party or violate other rights of third parties;
  • access data not intended for you or log into a server or account which you are not authorized to access;
  • breach security or authentication measures;
  • use the Website Content to impersonate or otherwise misrepresent your identity;
  • use the Website Content to send unsolicited mail or email, make unsolicited phone calls, or send unsolicited faxes regarding promotions and/or advertising of products or services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including, without limitation, material that contains viruses, Trojan horses, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, intercept, or expropriate any system, data, or information; or
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

Ark Capital is not responsible for any Website Content posted on the Website and reserves the right to change or remove any content it sees fit.

INTELLECTUAL PROPERTY

Except as otherwise expressly stated, Ark Capital owns or is a licensee to the copyright and all other intellectual property contained in the Website and the App, including but not limited to all text, images or links. All trade names, brand names, or logos, (collectively, ‘Marks’) are trademarks owned by or licensed to Ark Capital unless otherwise noted. The Marks on the Website and/or the App are variously protected by the laws of the UAE and other countries where applicable. No use of any of these Marks may be made without the prior written authorization of Ark Capital.

MARKETING AND/OR DISTRIBUTION OF FOREIGN FUNDS

When you consult information (prospectus or private placement memorandum) on a Foreign Fund, you should keep in mind the following warning: ‘This Prospectus relates to a Fund which is not subject to any form or regulation or approval by the Dubai Financial Services Authority (“DFSA”).

The DFSA has no responsibility for reviewing or verifying any Prospectus or other documents in connection to this Fund. Accordingly, the DFSA has not approved this Prospectus or any other associated documents nor taken any steps to verify the information set out in this Prospectus, and has no responsibility for it. The Units to which this Prospectus relates may be illiquid and/or subject to restrictions on their resale. Prospective purchasers should consult an authorized financial advisor.’

PRIVACY / DATA PROTECTION

You agree that any Personal Data you provide through this Website is expressly being provided with your consent. Ark Capital is subject to the DIFC Law no 5 of 2020 (the “Data Protection Law 2020”) and respects users’ privacy and treats information received from your use of this Website with the utmost care and confidentiality.

The personal data will be processed and, if necessary, transferred for storage on a secure dedicated server, by Ark Capital in accordance with the Data Protection Law, and you have a right of access to, and rectification, and erasure or blocking of your personal data.

Ark Capital does not sell or pass on any contact information you provide through this Website to third parties.

LIMITATION OF LIABILITY AND INDEMNITY

Under no circumstances shall Ark Capital and/or its officers, directors, owners, agents, employees, information providers, and copyright owners be liable for any claims, liabilities, losses, costs, or damages, including without limitation any direct, indirect, special, punitive, incidental, or consequential damages or any damages including, but not limited to, damages arising out of or in connection with any access, use or inability to use this Website or your breach of these Terms of Use or your violation of any Applicable Law or any right of a third party or any information or materials obtained through use and access of this Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Ark Capital has been advised of the possibility of damages or losses.

The Website, the App, the Website Content, and the App Content are provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice.

Ark Capital makes no warranties or representations to you as to the accuracy, authenticity, or completeness of the content on the Website, which is subject to change at any time without notice.

The Website, the App, the Website Content, and the App Content are provided on an ‘as-is’ basis and, to the extent lawful, with no warranties whatsoever. Ark Capital expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

Ark Capital and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in any way connected with, the use or inability to use the Website, the App, the Website Content, and the App Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Ark Capital is advised of the possibility of such damages.

Without limiting the above, Ark Capital does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding, or other proceedings (of whatever nature) with any third party in any way.

The material appearing on our Website and/or App may include technical, typographical, or photographic errors. Ark Capital does not represent, warrant, or endorse that any of the Website Content and/or App Content is accurate, complete, reliable, or current. Ark Capital may make changes to the materials contained on the Website and/or App at any time without notice. You acknowledge that any reliance upon such Website Content and/or App Content shall be at your sole risk.

Ark Capital is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or the App or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.

Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favoring by Ark Capital. The views and opinions of document authors do not necessarily state or reflect those of Ark Capital or any of its affiliates.

CHANGES TO T&Cs

The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, you are encouraged to frequently visit these sections to be updated about the changes on the Website.

ONLINE PAYMENTS

We accept payments online using Visa and MasterCard debit cards in AED (or any other agreed currency) *

*The exchange rate will be applied as per the bank conversion rate on the settlement date.

Refunds will be done only through the Original Mode of Payment.

TERMINATION OF SERVICES

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Website and/or the App at any time for any reason without prior notice or liability.

We may change, suspend, or discontinue all or any aspect of the Website and/or the App at any time, including the availability of any feature, database, Website Content, or App Content without prior notice or liability.

We shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

GENERAL

Ark Capital will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable, or invalid in any jurisdiction, it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity, and enforceability of the provision in any other jurisdiction will not be affected.

GOVERNING LAW

These Terms as well as your access to the Website and the App are subject to and governed by the laws of the Dubai International Financial Centre (“DIFC”), and the DIFC courts shall have exclusive jurisdiction on any dispute that may arise out of the use of this Site. You agree to submit to the exclusive jurisdiction of the DIFC courts should any litigation be raised by you against Ark Capital.