Terms of Use
This website is not suitable for individual (retail) investors. If you are a retail investor,
please contact your financial advisor.
You are about to enter a website for professional investors and financial advisers and/or
intermediaries and the information contained herein is not suitable for retail investors. Any
person unable to accept these terms and conditions should not proceed any further. Before making
any investment decision, you shall read carefully the offering documents of each Fund.
These Terms govern your use of El Dorado Capital Limited's website eldorcap.com and its subpages, including all content therein. By viewing these Terms or any page linked to them, you:
- Confirm receipt, reading, and agreement to these Terms.
- Intend to form a legally binding contract with us.
- Agree that these Terms are as binding as a signed, written contract.
We may also seek your agreement through electronic
means, such as checking a box or clicking an "Accept" button. Such actions will be considered a
legally binding electronic signature and agreement to these Terms.
El Dorado Capital (including affiliates) may be referred to as "we" or "us." The website, its
subpages, and all content are collectively called the "Website."
If you're accessing our website on behalf of another party (such as your employer or client):
- You agree to these Terms for yourself and the other party.
- You confirm that you're authorized to do so.
- You must notify us immediately if this authorization ends and stop accessing the site on their behalf.
"You" and "your" in these Terms refer to both you personally and any party you represent. We may update these Terms at any time by posting changes on the Website without notifying you. By continuing to use the Website, you agree to the current version of the Terms.
If you do not agree with these Terms you must refrain from using this Website.
In these Terms, references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website or, as the context requires, the legal entity on whose behalf a user uses or accesses (or attempts to use or access) this Website. References to “El Dorado Capital”, “we” and “us” are references to El Dorado Capital Limited.
By entering this Website, you acknowledge and agree to be bound by each of the Terms, together with any additional terms and conditions that apply to individual webpages, documents or other attachments contained within this Website (together, the "Conditions of Use"). If there are any Conditions of Use that you do not understand or agree with, you must leave this Website or the webpage in question (as applicable) immediately and delete immediately from the memory of your computer all documents from this Website.
About this Website:
The information on this Website is issued and communicated by El Dorado Capital Limited (“El Dorado Capital,” “we” and “us”), which is authorized and regulated by the DFSA “Dubai Financial Services Authority”. This Website contains information about various umbrella funds (each an “Umbrella Fund” and together the “Umbrella Funds”) and their sub-funds (the “Funds”) which have been registered, or otherwise notified by the DFSA.
Disclaimer: NO OFFER, SOLICITATION, OR ADVICE
The information on this Website is issued and communicated by El Dorado Capital Limited (“El Dorado Capital,” “we” and “us”), which is authorized and regulated by the DFSA “Dubai Financial Services Authority”. This Website contains information about various umbrella funds (each an “Umbrella Fund” and together the “Umbrella Funds”) and their sub-funds (the “Funds”) which have been registered, or otherwise notified by the DFSA.
You acknowledge that:
- (a) The information provided on this Website should not be interpreted as an offer, solicitation, invitation, or inducement to buy or sell any securities, funds, or other investments. It also does not serve as a forecast, research, or advice on investments, nor does it recommend purchasing, selling, or holding any security, fund, or other investment, or following any investment style or strategy.
- (b) The content on this Website is not intended to be, and should not be construed as, an investment recommendation. We do not provide advice or make any claims regarding the suitability, profitability, or availability of any investment, investment strategy, or investment style in any jurisdiction.
-
(c) PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE (INCLUDING TEST,
TRAIN AND LIVE) IS NOT INDICATIVE OF FUTURE PERFORMANCE. Past Performance; Forecast; Simulation:
To the extent that this Website contains any information regarding the past performance and/or
forecast of the Funds, such information is not a reliable indicator of future performance of
these Funds and should not be relied upon as a basis for an investment decision. To the extent
that this Website contains any information regarding simulated past performance, such
information is not a reliable indicator of future performance and should not be relied on as the
basis for an investment decision. Investment results for each Fund may vary.
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. The value of investments in the Funds may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall. - (d) Price Information: All prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell an interest in a particular Fund.
- (e) Risk Warnings: There are significant risks associated with an investment in any of the Funds. Investment in the Funds is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment). You should ensure that you have fully understood such risks before taking any decision to invest. These Terms do not represent a complete statement of the risk factors associated with an investment in the Funds. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund. You should consider these risk warnings carefully and take appropriate investment advice before taking any decision to invest.
- (f) While we strive to ensure the accuracy of the content on this Website, we are under no obligation to update or correct any portion of the Website or its content, even if we become aware of inaccuracies, outdated information, or other issues.
- (g) We may modify any part of the Website or its content at any time without notice.
-
(h) We do not endorse the opinions or guarantee the accuracy of facts or content contributed by
third parties to our Website.
You agree that we are not responsible for any actions you take or decisions you make based on the content provided. All content on or through the Website is for informational purposes only and should not be considered investment, accounting, tax, or legal advice. For such advice, you should consult with your own financial advisors, accountants, or attorneys based on your specific circumstances and needs.
Proprietary Rights:
The entire Website, including its appearance, design, organization, and the compilation of its Content (all of which are included within the term "Website"), is protected by copyrights, patents, database rights, trademarks, service marks, and other intellectual property and proprietary rights under the laws of the United Arab Emirates. These rights are owned by El Dorado Capital and/or third parties. Your use of the Website does not grant you any ownership or rights to any content or material you may access on the Website.
Offering Documents:
The terms of any investment in a Fund are governed by the documents establishing such terms. An application for interests in any of the Funds should only be made having fully and carefully read the offering documents, which are the relevant prospectus, key investor information document, the latest financial reports and any other offering documents for the relevant Fund which are available on this Website and upon request from the fund representative in your jurisdiction and specified in the prospectus for the relevant Fund.
It is your responsibility to use the offering documents and by making an application to invest in a Fund you will represent that you have read the prospectus for the relevant Fund, the appropriate key investor information document for the Fund and any other applicable offering document and will agree to be bound by its contents.
Information on this Website:
This Website, and the information on it, are
provided for information purposes only and do not constitute an invitation, offer or solicitation to
engage in any investment activity including to buy, hold or sell any investment including any
interests in the Funds.
All content on the Website is subject to modification from time to time without notice or any
mandatory disclosure requirements. Please contact El Dorado Capital (using the details in the
“Contact Us” section below) for further information regarding the validity of any information
contained on this Website. This Website and most of the documentation contained within it is
provided in the English language and you represent and warrant that you understand the English
language.
Trademarks:
All Trademarks (including logos, service marks, and trade names) on our Website are the property of El Dorado Capital or other rights holders. This includes:
- El Dorado Capital
- eldorcap.com
- Other identifiers of El Dorado Capital's products and services
These Trademarks are protected, whether registered or not. You may not use them in ways that
violate applicable rights.
The presence of these Trademarks on the Website doesn't grant you any license or right to use
them. To use any Trademark, you must get explicit written permission from El Dorado Capital and
the relevant rights holder.
Limited License:
You may:
- View the Website Content on your internet-compatible devices
- Make limited copies of small portions of the Content for personal, non-commercial use
- Discuss information from the Website with your financial advisors, accountants, attorneys, and others involved in your investment decisions
Tax Information Exception:
You may freely disclose to anyone:
- The tax treatment of any transaction
- The tax structure of any transaction
- Any materials (including opinions or tax analyses) related to such tax treatment or structure
This exception doesn't include disclosing El Dorado Capital's name or identifying information.
Prohibited Use:
Without our express written permission and that of the applicable rights holder, you must not:
- Modify, distribute, transmit, perform, reproduce, publish, license, exploit, create and derive works from, transfer, or sell any part of the Website or its Content.
- Decompile, disassemble, or reverse engineer any portion of the Website.
- Remove any copyright, trademark, or other proprietary notices from the Website or its printed content.
- Security: You are solely responsible for ensuring the security of your computer system, which includes using and maintaining appropriate antivirus software, firewalls, and backups. El Dorado Capital is not liable for any issues related to your computer system, including any malware (as defined below) that your system may encounter as a result of using this website. "Malware" refers to: (i) program code or instructions that disrupt, disable, harm, interfere with, or otherwise negatively affect or unauthorizedly access or delete any program, data, file, or operation; or (ii) other malicious software, such as viruses, Trojan horses, worms, backdoors, or similar threats.
- Monitoring, Reporting, and Other Actions: We may monitor and record activity on this website for any reason, or even for no specific reason. We may investigate any complaints or reported violations of our policies, and report any suspicious activity to regulators, law enforcement, or other appropriate parties without notice. We reserve the right to issue warnings, suspend or terminate your use of the website, restrict access to all or part of the website, or take any other actions we deem necessary without notice. Additionally, we have the right to terminate, modify, suspend, impose limits on, or discontinue any aspect of the website or its services, including your access, at any time, for any reason or no reason, without notice.
- Personal Information, Cookies, and Privacy Policy: We are committed to protecting the privacy of personal information collected from individuals who interact with us. Our Privacy Policy outlines how we collect, use, and disclose personal information from those who visit our website eldorcap.com, and how we use cookies. By accessing or using our website, or providing any personal information to us, you consent to the collection, processing, use, and sharing of your personal information, as well as our use of cookies, in accordance with our Privacy Policy. For more details, please refer to our Privacy Policy.
Prohibited Conduct:
While using the Website, you agree not to:
- Attempt to gain unauthorized access to other computer systems, materials, or services available on or through the Website.
- Use automated methods like spidering, screen scraping, or database scraping to access or gather information from the Website.
- Use the Website in a way that could disrupt, damage, or interfere with its operation or another user's experience, such as sending mass unsolicited messages or flooding servers with requests.
- Violate any intellectual property, proprietary, or legal rights of El Dorado Capital or others while using the Website.
- Use the Website in violation of any applicable laws or these Terms.
- Attempt to bypass, reverse engineer, decrypt, or interfere with the Website or its services.
- Delete any content on the Website.
No Offer of Employment:
The Website does not constitute an offer or guarantee of employment with El Dorado Capital for any positions mentioned. We may remove, modify, or change any job listings on the Website without notice. Any employment offer resulting from your information submission will be governed solely by the specific terms of that offer, not by anything stated on the Website. By submitting your personal information to apply for a position, you confirm that all the details provided are accurate and that you have the right to share them with us.
Third Party Links:
When you click on a link to a third-party web site or other third-party resources, the third party may place a cookie from its own site. We do not control the dissemination of these cookies. You should check the relevant third-party web site for more information about these cookies. Like other authorized information analyze eldorcap.com that does not identify individual authorized users, we may analyze and share non-personal information collected through cookies with third parties (such as our business partners and service providers) in marketing materials and in public disclosures.
Submitted Materials:
Any information or materials you submit through the Website, including job application materials ("Submitted Materials"), will not be considered confidential. We may use these materials in accordance with these Terms and our Privacy Policy. By submitting materials, you (i) confirm that you either own the Submitted Materials or have the necessary rights and permissions to use and submit them, and (ii) grant us and our affiliates a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable right to use these materials in any way, including incorporating them into other works, products, or services, in any form or medium now known or developed in the future. We are not responsible for reviewing or maintaining any Submitted Materials and may delete or destroy them at any time.
Direct or indirect linking to the Website:
You agree not to link directly or indirectly to any page, image, graphic, text, or other content on this Website using methods like "in-line" linking that cause the content to be displayed on another website or application, unless you have received express written permission from us. You also agree not to download or use any images, videos, or graphics from this Website for any purpose, including posting them on another website or application, unless expressly authorized by us in writing. Additionally, you agree not to link to or from any website or application in a way that "frames," surrounds, or obscures this Website or any of its pages with third-party content, materials, advertising, or branding. We reserve the right to require that any link to the Website be removed and to revoke your ability to link to the Website from any site at any time.
Fund Investors:
For current and prospective investors in any of our funds or accounts, these Terms are supplementary to any terms or conditions you have agreed to or will agree to with us in connection with your investment or potential investment. This includes information related to those funds or accounts, transactions, or portfolios made available by us (collectively, "Investor Terms"). If there is any conflict between these Terms and the Investor Terms, the Investor Terms will take precedence. Investors and prospective investors should refer to the Additional Disclosures in El Dorado Capital’s Presentation for important information. Access to our investor portal requires user credentials, for which you are solely responsible. This includes any use of or actions taken under your credentials, even if unauthorized. We are not obligated to verify the authority or appropriateness of any use of or actions taken under your credentials. We are not liable, and you agree to hold us harmless for any loss arising from such use or actions, or from your failure to comply with these provisions. It is your responsibility to maintain the confidentiality and security of your credentials, including regularly changing your password in line with good security practices. You should not disclose your credentials to any third party; if you do, you will be responsible for any use of your credentials by that party or anyone else. You must notify El Dorado Capital immediately of any actual or suspected loss, theft, or unauthorized use of your credentials.
Disclaimer of Warranties:
The Website and all content are provided "as is" and "as available," without any warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of title, non-infringement, merchantability, fitness for a particular purpose, or warranties arising from the course of dealing or usage of trade, all of which we expressly disclaim. Neither we nor our funds, nor any of our or their directors, officers, managers, advisors, employees, agents, contractors, suppliers, or licensors (collectively, the "Protected Persons") warrant that the Website or its content will be timely, secure, uninterrupted, complete, or error- free, or that they will meet any specific requirements, or that defects or errors will be corrected. No results or information, whether oral or written, obtained by you from us or through the Website or any content, shall create any warranty not expressly stated herein. El Dorado Capital and the other Protected Persons also assume no responsibility and shall not be liable for any damages to, or malware that may infect, your computer equipment or other property as a result of your access to, use of, or browsing of the Website, or your downloading of any materials, data, text, images, video, audio, or other content from the Website.
Limitation of Liability:
To the fullest extent permitted by applicable law, neither we nor any of the other Protected Persons shall be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including lost business, sales, savings, or profit (whether based on contract, tort, including negligence, strict liability, or otherwise), arising from or related to your access to or use of, or inability to access or use, the Website or any content, even if such Protected Person has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so to the extent that such laws apply, some of the above limitations may not apply to certain users. The parties acknowledge that the limitations of liability outlined above are intended to survive and remain in effect, even if any remedy fails of its essential purpose.
Indemnification:
You agree to indemnify, defend, and hold harmless each of the Protected Persons from and against any and all claims, suits, losses, demands, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your access to or use of the Website or any content; (b) your breach of any provision of these Terms; (c) your violation of any applicable law, regulation, or third-party rights; or (d) any claim made by a third party that, if proven, would constitute a breach by you of any representation, warranty, covenant, or other provision of these Terms..
Website Access and Location:
We control and operate the Website from our head office, and any access or use of the Website by you is presumed to occur at our head office. Individuals who choose to access the Website from other locations do so on their own initiative and are responsible for complying with local laws and regulations, where applicable. The Website is not directed to any person in any jurisdiction where its publication or availability is prohibited due to that person's nationality, residence, or other factors. Individuals subject to such restrictions must not access the Website.
Contacting the Website:
If you have any questions, complaints, or wish to submit a report regarding the Website, please contact us at: contact@eldorcap.com
Additional Terms:
Certain pages or content on or accessible through this Website may have additional terms and conditions, which are supplementary to these Terms. In the event of a conflict, the additional terms and conditions will govern those specific pages or content.
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the Dubai Financial Services Authority (DFSA) and the United Arab Emirates Cybersecurity Law, without regard to its choice of law provisions.
Arbitration:
You and El Dorado Capital agree that any dispute arising between us related to the Website or these Terms, which cannot be resolved informally, will be submitted to binding arbitration in the English language under the rules of the International Arbitration Law and Rules of the Dubai International Financial Centre (DIFC).
Miscellaneous:
By using the Website, you confirm that you are fully capable of complying with all terms,
conditions, obligations, and representations set forth in these Terms. Our rights and remedies, as
well as your responsibilities, are cumulative, meaning that our exercise of one right or remedy does
not limit our ability to exercise any other right or remedy available to us (whether outlined here,
in another agreement, or by law). If we do not enforce a provision of these Terms, it does not mean
we have waived our right to enforce it in the future. The Protected Persons are intended third-party
beneficiaries of these Terms, meaning they have the right to enforce the provisions that benefit
them. Nothing in these Terms is intended to provide rights or benefits to any person other than you,
us, and the Protected Persons. This also means that no provision is intended to benefit or be
enforced by any creditor of ours or yours. You cannot assign these Terms or transfer your
obligations to someone else. Any attempt to do so without our consent is void. These Terms represent
the entire agreement between you and El Dorado Capital regarding your use of the Website, replacing
any previous agreements or understandings. If any part of these Terms is found to be invalid by the
DIFC Court, the rest of the Terms will continue to be effective, with the invalid part being
interpreted as closely as possible to the original intent. In these Terms, unless otherwise
specified, (i) singular words include the plural and vice versa, (ii) references to any gender
include all genders, (iii) the term "including" means "including without limitation," and (iv)
"will," "should," "must," and "shall" are meant to express mandatory actions or obligations.
Recent Updated: 12 September 2024