Purpose and Scope
These terms and conditions (“General Terms”) govern your use and access of the website https://iagam.ae (the “Website”), the accompanying investor portal (the “Portal”) and all content or web pages thereunder, including the information, images, links, graphics, video, software applications and other materials displayed or made available therein and the functionalities or services provided therein are owned and operated by or on behalf of Invest AD Global Asset Manager Sole Proprietorship L.L.C (“Invest AD Global Asset Manager” or “IAGAM”) (Commercial License Number: CN-4924315). IAGAM is regulated by the Securities and Commodities Authority (“SCA”) and maintains a Category 2 License to Deal in Investments, and is authorized to manage investments of investment funds (SCA License No 20200000083). The Website and the Portal are solely intended for “Professional Investors”, as defined in SCA Chairman Decision No. 3/R.M. of 2021, and other person should act upon it.
By accessing and/or using the Website, the Portal or the materials therein, you are indicating your acceptance and agreement to these General Terms, regardless of whether you or not you choose to register for an account. If you do not accept these General Terms, you must stop using/accessing the Website, the Portal and the materials therein.
Invest AD Global Asset Manager may from time to time amend or update these General Terms to ensure that these General Terms are consistent with future developments, industry trends and/or any changes in legal or regulatory requirements or as we deem appropriate. Such changes will be published here and be effective and binding on you upon publication or such other timing as Invest AD Global Asset Manager may specify in writing. Please check these General Terms regularly for updated information/version. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of the Website, the Portal and/or the materials therein shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the revised terms.
Portal Access
Invest AD Global Asset Manager will require you to complete and sign an account application or register for an account before making the portal and the services offered by Invest AD Global Asset Manager available to you.
Intellectual Property
Invest AD Global Asset Manager grants a revocable, limited, royalty free, non- exclusive, non-sub-licensable and non-transferrable license to access the Website and/or the Portal in accordance with these General Terms for your personal or internal use only. Such usage is only for permitted purposes and any other usage is strictly prohibited.
By accessing the Website and/or the Portal, you agree that, save as set out above, these General Terms do not grant you any rights or licenses to the Website or the Portal. Accordingly, you hereby agree that Invest AD Global Asset Manager transfers no ownership or intellectual property interest or title in and to the Website, the Portal or any intellectual property (whether owned by Invest AD Global Asset Manager or a third party) to you or anyone else in connection with use of the Website or the Portal. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression and arrangement of any content contained on or available through the Website and the Portal are exclusively owned or controlled by, and/or licensed by Invest AD Global Asset Manager.
Invest AD Global Asset Manager and its affiliates, business partners, and counterparties reserve and retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the products, services and all content, information and data contained in or provided on or via the Website, the Portal and/or the materials contained therein (including all texts, graphics and logos). You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via the Website, the Portal or the materials contained therein in any form without the prior written permission of Invest AD Global Asset Manager.
Further, no part or parts of the Website, the Portal or any materials contained therein may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Invest AD Global Asset Manager. All rights, title and interest in the Website and the Portal, any information, material and content thereon, all technology and content created or derived from any of the foregoing is the exclusive property of Invest AD Global Asset Manager.
Termination of Access to the Portal
If you violate any portion of these General Terms, Invest AD Global Asset Manager may terminate your permission to access use of the Portal.
Username and Password
If you create an account with Invest AD Global Asset Manager, you may be issued with a username and password or you may provide Invest AD Global Asset Manager with a username and password which may be accepted by Invest AD Global Asset Manager in its absolute discretion. The username and password are for your personal use only and may not be transferred to any other person or entity. You hereby agree to keep your username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You shall notify Invest AD Global Asset Manager immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password. You agree and acknowledge that any use or purported use of or access to or purported access or use of the Portal and/or the materials contained therein and any information, data, instructions or communications, whether or not authorized by you, referable to the username and password shall be binding upon you and deemed to be: (i) use of the Portal by you; and/or (ii) information, data, instructions or communications carried out, transmitted or validly issued by you. Invest AD Global Asset Manager shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out, transmitted or validly issued by you. You further agree and acknowledge that you shall be bound by any access or use of the Portal (whether such access or use is authorized by you or not) and/or information, data, instructions or communications referable to your username and password.
No Guarantee of Accuracy
While Invest AD Global Asset Manager endeavors to provide accurate and reliable information and content on the Website and the Portal, Invest AD Global Asset Manager however cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of such information and content which may not be up to date. Invest AD Global Asset Manager will update the information on the Website and the Portal periodically, but you should always independently verify such information.
Third Party Content
Where the Website or the Portal contains content provided by third parties (including, without limitation, data clearly labelled as being provided by third parties or hypertext links to third party websites), this should not be understood or construed as an endorsement by Invest AD Global Asset Manager of any content provided by such third parties. The use of such third party content is entirely at your own risk. Invest AD Global Asset Manager shall have no liability whatsoever for any losses incurred, whether directly or indirectly, as a result of any actions taken by you in reliance on the information contained on the Website or the Portal, including any third party content. All information and content on the Website or the Portal, including content provided by third parties, may change without notice and is provided for the primary purpose of allowing users to arrive at their own independent decisions.
Indemnification
By using the Website or Portal, you agree to indemnify and hold harmless, Invest AD Global Asset Manager and its affiliates from and against any losses arising out of or related to (a) your use of, or conduct in connection with, the Website or the Portal; (b) any breach on your part of the General Terms or Invest AD Global Asset Manager’s enforcement of these General Terms; or (c) your violation of any applicable laws or rights of any third party during your use of the Website or the Portal. If you are obligated to indemnify any Indemnified Persons pursuant to this clause, Invest AD Global Asset Manager will have the right, in its sole discretion, to control any action or proceeding and to determine whether it wishes to settle, and if so, on what terms.
Disclaimer of Warranties
To the full extent permitted under applicable law, any information or materials provided by Invest AD Global Asset Manager are provided on an “as is” and “as available” basis and Invest AD Global Asset Manager expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, you acknowledge that Invest AD Global Asset Manager does not represent or warrant that the Website, the Portal or any information or materials contained therein are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Except for the express statements set forth in these General Terms, you acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to its use and access of the Website or the Portal. You agree that Invest AD Global Asset Manager will not be liable for any losses arising out of or relating to: (a) any inaccuracy, defect or omission of any pricing information relating to any digital securities or other assets; (b) any error or delay in the transmission of such information; (b) interruption in any such data; or (c) any damages incurred by another user’s actions, omissions or violation of these General Terms.
Website Availability
While Invest AD Global Asset Manager endeavors to ensure that the Website and the Portal is normally available 24 hours a day, Invest AD Global Asset Manager shall not be liable if for any reason the Website or the Portal is unavailable at any time or for any period. Access to the Website or the Portal may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Invest AD Global Asset Manager’s control. Invest AD Global Asset Manager makes no representation or warranty of any kind, express or implied, with respect to the merchantability or fitness of the Website or Portal. Without limiting the foregoing, Invest AD Global Asset Manager expressly disclaim any representation that the Website or Portal will operate uninterrupted or be error-free.
Limitation of Liability
To the maximum extent permitted by applicable law, neither Invest AD Global Asset Manager nor any of its affiliates shall have any liability to you for the information or material provided by or on behalf of Invest AD Global Asset Manager and its affiliates except as a result of its fraud or fraudulent misrepresentation, deliberate misconduct or for death or personal injury resulting from its actions.
No Liability for Indirect, Consequential, Exemplary, or Punitive Damages; Force Majeure Events.
In no event shall Invest AD Global Asset Manager be held liable for (i) indirect, consequential, exemplary, or punitive damages or (ii) any loss of any kind caused, directly or indirectly, by any force majeure event, and you unconditionally waives any right you may have to claim or recover such damages (even if you have informed Invest AD Global Asset Manager of the possibility or likelihood of such damages).
Governing Law and Dispute Resolution
These General Terms are governed by, and shall be construed in accordance with, the laws of the United Arab Emirates. Any claim, dispute or difference of any kind whatsoever arising out of or in connection with these General Terms shall be referred to arbitration under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) which Rules are deemed to be incorporated by reference into this clause save expressly varied herein. The number of arbitrators shall be three (3). The seat (or legal place) of the arbitration shall be the UAE, with hearings to take place in Abu Dhabi, and the language of arbitration shall be English. Any award shall be final and binding and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. Any right of application or appeal to any court are waived, insofar as such waiver can validly be made (excluding application for interim measures including injunctive relief in relation to the provisions of these General Terms).
Data Protection
Invest AD Global Asset Manager respects the data of visitors to the Website and users of the Portal. Invest AD Global Asset Manager will process your data in accordance with the UAE Federal Data Protection Law, as amended from time to time. For further information please refer to IAGAM’s Privacy Policy .