Terms of Use
It is important that you read this page. By using this website, you are acknowledging that you agree to and accept The Terms and Conditions of Use of this website ("Terms"), which are effective as of 01 February, 2014 and were amended and restated on 29 September, 2017. Dalma Capital Management Limited, Dalma Capital SICAV p.l.c. and Dalma Capital Management Limited (Bermuda) (Collectively hereinafter referred to as "Dalma Capital" or "we") reserves the right to change, modify, add or remove portions of the Terms or Privacy Policy at any time for any reason and in our sole discretion.In these Terms, references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website. You acknowledge that by accessing www.dalmacapital.com (or other web-pages with links to the Terms or Privacy Policy) (collectively, "Website") you are agreeing to these Terms and the Privacy Policy as modified from time to time. We suggest that you periodically review the Terms and Privacy Policy for amendments. Changes will be indicated on the Terms or Privacy Policy with the date they were last amended.
WEBSITE TERMS AND CONDITIONS OF USE
Please read these terms carefully before visiting the website or using the online services and products provided thereon. By utilizing the website, you acknowledge that you (the "User") have read these terms and that you agree to be bound by them. If you do not agree to all of the terms, you are not an authorized user of these services and products and you should not use this website.
Unauthorized use of this website, including but not limited to misuse of passwords or posted information, is strictly prohibited. Authorized users of this website include any users visiting this website for personal and/or informational purposes, clients and potential clients of Dalma Capital, Dalma Capital employees, candidates for employment or users seeking information about employment opportunities at Dalma Capital, and any other users authorized by Dalma Capital.
Use of this website by recruiters, "Head Hunters," employment consultants or agencies, personnel placement agencies, professional services companies, employment contractors and staffing agencies seeking current Dalma Capital employees as candidates for placement is strictly prohibited.
Information on this Website
The information on this Website (“Information”) is issued by Dalma Capital Management Limited (Bermuda) a limited liability company having its domicile in Bermuda. The Information includes any information about certain alternative investment funds (the “Funds”) or other Investments ("Investments") which may be managed, advised or promoted by Dalma Capital and/or its associated companies. The Information is not directed at any person in any jurisdiction where it is illegal or unlawful to access and use such Information. None of the Funds or Investments described herein have been authorised by the SFC for distribution in Hong Kong, unless explicitly otherwise stated.
No Offer/Local Restrictions
Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction (including to buy or sell any investment including any interest in the Funds and/or Investments) . Dalma Capital offers a number of products and services designed specifically for various categories of investors in various countries and regions being Professional Clients, Accredited Investors or Eligible Counterparties. Not all products will be available to all investors. Dalma Capital does not engage with or offer any products to Retail Investors. These products or services are only offered to investors in certain countries and regions, in accordance with applicable laws and regulations. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, by reason of that person's nationality, residence or otherwise. Persons subject to these restrictions must not access the Website.
This Website (and the information within it) is directed only at, and contains information about products and services which are only available to, those persons who are Professional Clients, Accredited Investors or Eligible Counterparties (as defined in the rules of the Financial Conduct Authority of the United Kingdom (the “FCA Rules”)) or Professional Investors (as defined in the Securities and Futures Ordinance of Hong Kong (“SFO”)) or Professional Clients or Professional Clients that are Market Counterparties (as defined in the Conduct of Business Module of the Rulebooks administered by the Dubai Financial Services Authority, (“DFSA”)) and to whom this Website may lawfully be directed in any relevant jurisdiction or Accredited Investors that (as defined by the rules of the Securities and Exchange Commissions of the United States (the "SEC"). The definitions of Professional Client and Eligible Counterparty can be found on the FCA’s website. The definition of Professional Investor can be found on the Hong Kong Securities and Futures Commission (“SFC”) website. The definition of Professional Client and Market Counterparty can be found on the DFSA website. The definition of Professional Client and Market Counterparty can be found on the SEC website. This Website is not directed at, or made available to, Retail Clients in the United Kingdom or persons not Professional Investors in Hong Kong or Retail Clients in the Dubai International Financial Centre (the “DIFC”) or any persons resident in or having a registered office in France, Latvia, Poland or Spain. If you are in any doubt as to your status you should consult a financial adviser or contact us. In addition to the above, this Website, and the information within it, are not directed at, or addressed to, any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. Accordingly, all persons who access this Website are required to inform themselves of, and to comply with, any such restrictions. Dalma Capital and its associated companies disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation in the country of which you are a citizen or in which you are residing or domiciled.
Restrictions on Access to this Website by Investors in the United States: The Information is not directed at any person in the United States and this Website is not intended to be used by any person in the United States unless those persons are existing investors in Funds or Investments and they have applicable US exemptions.
No Advice
The information contained on the Site does not constitute investment, legal, tax or accounting advice and is provided for information purposes only and on the basis that you make your own investment decisions and Dalma Capital is not soliciting any action based on the Information. Past performance is not indicative of future results and nothing contained on the Site should be deemed a prediction or projection of future outcomes. The Information does not take account of your particular investment objectives or financial situation. The Information does not constitute, and should not be construed as, investment advice or a personal recommendation to buy, sell or otherwise transact in any investment including the Funds and/or Investments. Unless separately and expressly agreed, Dalma Capital neither provides investment advice to, nor receives and transmits orders from, nor carries on any other MiFID investment services and activities for users of this Website. The Funds and Investments referred to within this Website may not be suitable investments for you and you should therefore seek professional investment advice before making a decision to invest in any of the Funds or Investments.
Risk Warnings
Any investment involves substantial risks. Hedge Funds, Private Equity Funds, Venture Capital Funds and Private Debt Funds involve unique risks. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund and which you should consider carefully before taking any decision to invest. Past performance is not a reliable indicator of future performance. The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. Exchange rate changes may cause the value of overseas investments to rise or fall. The levels and bases of, and reliefs from, taxation may change. To the extent that any information on this Website refers to a particular tax treatment, such treatment depends on the individual circumstances of the investor and may be subject to change in the future. The list of risk factors above is not complete. An application for interests in any of the Funds or Investments should only be made having fully and carefully read the relevant prospectus, the latest financial reports and other offering documents for the relevant Fund. This is not a comprehensive disclaimer of risks.
Forward Looking Statements
This website may contain forward-looking statements with reference to Dalma Capital or the Funds. Forward-looking statements can be identified by words such as: “anticipate”, “aspire”, “intend”, “plan”, “offer”, “goal”, “objective”, “potential”, “seek”, “believe”, “project”, “estimate”, “expect”, “forecast”, “assume”, “strategy”, “target”, “trend”, “future”, “likely”, “may”, “should”, “will”, "proposed" and similar references to future periods. Forward-looking statements are neither historical facts nor assurances of future events or performance. Instead, they are based only on our current beliefs, expectations and assumptions regarding the future of our business, future plans and strategies, projections, anticipated events and trends, the economy and other future conditions. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. Some forward looking statements and assumptions are based on analysis of data prepared by third party reports, which should be analyzed on their own merits and can be provided upon request. Third party sources referenced are believed to be reliable but Dalma Capital cannot guarantee the accuracy or completeness of such information and has not reviewed the assumptions on which such information is based.
This website may contain certain forward-looking statements relating to the plans, objectives, opportunities, future performance and business of the Funds and the future performance of the markets generally. Actual results and financial conditions may differ materially from those indicated in the forward-looking statements. Forecasts are based on complex calculations and formulas that contain substantial subjectivity and no express or implied prediction made should be interpreted as investment advice. There can be no assurance that market conditions will perform according to any forecast or that any Fund will achieve its objectives or that investors will receive a return on or of their capital. Any projections or other forward looking information regarding the likelihood of various investment outcomes are hypothetical in nature, do not reflect actual investment results and are not guarantees of future investment results. There can be no assurance that unrealized investments will be realized at the valuations shown or in accordance with any return projections. Actual realized returns depend on, among other factors, future operating results, the value of the assets and market conditions at the time of disposition, related transaction costs and the timing and manner of sale, all of which may differ from the assumptions on which the valuations and projections contained herein are based.
Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward-looking statements include, among others, the following: our ability to maintain adequate revenue levels and cost control; economic and financial conditions in the global markets and regional markets in which we operate, including volatility in interest rates, commodity and equity prices and the value of assets; the implementation of our strategic initiatives, including our ability to effectively manage the redeployment of our balance sheet and the expansion of our strategic businesses; the reliability of our risk management policies, procedures and methods; continued volatility in the capital or credit markets; developments and changes in laws and regulations, including increased regulation of the financial services industry through legislative action and revised rules and standards applied by regulators.
Trademarks and Service Marks
All trademarks, service marks, trade names, and logos displayed on this Website (collectively referred to as the "Marks") are proprietary to Dalma Capital or their respective owners, and are protected by international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to Dalma Capital without Dalma Capital's express written consent, is strictly prohibited.
Copyrights
All materials displayed or otherwise contained on this Website, including without limitation, all images, text, articles, programs, photographs, illustrations, and graphics are owned by Dalma Capital, or a licensor thereof, and are protected by international copyright laws. Any commercial use of these materials by the User is strictly prohibited without the express written permission of Dalma Capital, and nothing contained on this Website should be construed as granting, by implication or otherwise such permission.
By utilizing this Website, the User agrees not to sell, copy, publish, distribute, transfer, modify, display, reproduce or create derivative works from the materials on this Website for commercial use. The User agrees not to publish, display or redeliver any of the pages, text, images or content of this Website using "framing" or similar techniques. The User also agrees not to publish or maintain a hyperlink to any portion or page of this Website other than to the homepage unless such hyperlink is for personal use AND is created and transmitted using the "email this page" function of the Website.
No Warranty, Limitation of Liability
THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS". DALMA CAPITAL DOES NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT DALMA CAPITAL SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN DALMA CAPITAL AND YOU. DALMA CAPITAL SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS. IN NO EVENT WILL DALMA CAPITAL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THIS WEBSITE, EVEN IF DALMA CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DALMA CAPITAL SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY DALMA CAPITAL OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS OR DATA PROVIDED HEREIN.
YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, STRATEGIES AND RESEARCH, DAILY WIRES, AND EDUCATIONAL ARTICLES) CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.
Without prejudice to the foregoing, Dalma Capital does not accept any liability for any data transmission errors such as data loss or damage or alteration of any kind, or for the security or confidentiality of information transmitted across the internet to or from Dalma Capital or any of its associated companies. Any such transmission of information is entirely at your own risk and any material downloaded from this Website is downloaded at your own risk.
Severability
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
Governing Law
You agree that your use of this Website and any dispute arising from the use of this Website, these Terms and any non-contractual obligations arising from or connected with them, shall be governed by English law and these Terms shall be construed in accordance with English law. Your acceptance of these Terms constitutes your irrevocable submission to the jurisdiction of the English courts in connection with any matters arising out of your use of this Website or these Terms (whether arising out of or in connection with contractual or non-contractual obligations).
Additional Terms
Certain web-pages on this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such web-pages.Your acceptance of these Terms constitutes your irrevocable submission to the jurisdiction of the English courts in connection with any matters arising out of your use of this Website or these Terms (whether arising out of or in connection with contractual or non-contractual obligations).
Comments
Comments, questions, complaints or suggestions you might have regarding the information practices described in these Terms or Privacy Policy are invited by email at compliance@dalmacapital.com or write to us at: Dalma Capital Management Limited, Gate Village 5, Dubai International Financial Centre, Dubai, UAE.
Linked Websites
This Website may be linked to third party websites or contain information provided by third parties. Links to websites operated by third parties are provided for information only and do not constitute any form of advice, endorsement or recommendation of such websites or the material on them. Dalma Capital does not make any representation as to the accuracy or completeness of such websites or information, has not and will not review or update such websites or information, and cautions readers thereof that any use made of such websites or information is at their own risk. Dalma Capital does not accept any liability arising out of the information contained on any linked website or information provided by a third party and the use of such sites and information is at your own risk. The foregoing does not exclude or restrict any duty or liability that Dalma Capital has to its customers under the prevailing regulations to which it is subject in the United Kingdom.
Indemnity
By accessing this Website, you agree to indemnify, defend, and hold harmless Dalma Capital, its associated companies and licensors, and the officers, directors, partners, employees, and agents of Samena and its associated companies and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to this Website or use of the Information.
Material Interests
Dalma Capital, its associated companies and any of its or their partners, officers and/or employees or family members may have holdings in the Funds or Investments and may otherwise be interested in transactions that you effect in connection therewith.
Regulation
Dalma Capital Management Limited is regulated by the Dubai Financial Services Authority, (DFSA).
Dalma Capital SICAV p.l.c.is regulated by the Malta Financial Services Authority (MFSA).