Please read these Terms of Use carefully before accessing or using this website.
Scope and application
These Terms of Use govern access to and use of the website located at www.amberstone.capital (the “Site”).
By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms of Use.
If you do not agree, you must not access or use the Site.
About Amberstone Capital Ltd.
The Site is operated by Amberstone Capital Ltd (“Amberstone”, “we”, “us” or “our”).
Amberstone is incorporated in the Abu Dhabi Global Market (“ADGM”), authorised and regulated by the Financial Services Regulatory Authority (“FSRA”), holding Financial Services Permission No. 240101, and having its registered office at Ste 203, 14, Al Sarab Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates.
Amberstone is authorised to conduct regulated activities: engaging in Islamic Financial Business, Managing Assets, and Managing a Collective Investment Fund.
Contact:
Email: info@amberstone.capital
Telephone: +971 (02) 812 4036
Regulatory status and intended audience
The Site is intended solely for:
Professional Clients and Market Counterparties (as defined under FSRA rules); and institutional, corporate and other sophisticated investors.
The Site is not directed at Retail Clients, and nothing on the Site should be relied upon by any person classified as a Retail Client under FSRA rules.
Any references to client classification are for regulatory clarity only.
Amberstone does not make any determination of your regulatory status solely by virtue of your access to the Site.
Territorial restrictions
The Site and its content are intended only for persons located in jurisdictions where such access is lawful and does not require Amberstone to take additional regulatory action (each, a Permitted Territory).
By accessing the Site, you represent and warrant that you are located in a Permitted Territory; and your access does not breach applicable laws or regulations.
If this is not the case, you must immediately discontinue use of the Site.
Availability, changes and access to the Site
We may amend these Terms of Use from time to time.
Each time you access or use the Site, the version of the Terms of Use published on the Site at that time shall apply. You are responsible for reviewing the Terms of Use periodically.
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available, uninterrupted, error-free or free from delay.
We may, at any time and without liability:
- update, modify or remove content;
- change the functionality, presentation or structure of the Site; or
- suspend, withdraw or restrict access to all or any part of the Site for business, operational, regulatory, security or compliance reasons.
We are under no obligation to provide advance notice of any change, suspension or withdrawal of the Site, although we may do so, where reasonably practicable.
You are responsible for ensuring that all persons who access the Site through your internet connection or systems are aware of these Terms of Use and comply with them.
No offer, solicitation or advice
The Site and its content are provided for general informational purposes only.
Nothing on the Site:
- constitutes investment, legal, regulatory, tax or accounting advice;
- constitutes a financial promotion, offer, invitation, solicitation or inducement to engage in any regulated activity;
- forms the basis of, or should be relied upon in connection with, any investment decision; or
- create any client, fiduciary or advisory relationship between you and Amberstone.
You should obtain independent professional advice before taking any action based on the Site.
There are other terms that may apply to you
These terms of service refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Notice[INSERT AS LINK TO SITE'S PRIVACY NOTICE], which explains how we collect, use and store your personal data.
Where you enter into any contractual relationship with Amberstone, our Terms of Business [INSERT AS LINK TO WEBSITE TERMS OF BUSINESS] will apply.
The following documents also form part of these terms of service:
Discretionary Management Agreement;
Appendix 1 – Communication;
Appendix 2 – Regulatory Disclosures;
Appendix 3 – Risk Disclosure Statement;
Appendix 4 – Fees and Charges;
Appendix 5 – Standard Investment Strategies.
In the event of any inconsistency, contractual and regulatory documents shall prevail.
Intellectual property
All intellectual property rights in the Site and its content are owned by or licensed to Amberstone.
You may view and print limited extracts for internal, non-commercial informational use only.
You must not:
- reproduce, modify, distribute or commercially exploit Site content;
- use Site content for any competing or commercial purpose; or
- remove proprietary notices or disclaimers.
Prohibited automated use; AI restrictions
You must not, without our prior written consent:
- conduct text or data mining;
- scrape, crawl or extract data from the Site; or
- use Site content for the development, training, testing or validation of AI systems or models.
This restriction applies to the maximum extent permitted by applicable law.
Links to and from the Site
You may link to the homepage of the Site provided the link:
- is fair, lawful and not misleading; and
- does not imply endorsement or association.
You must not frame the Site or link to internal pages without our consent.
We reserve the right to withdraw linking permission at any time.
Third-party websites
Links to third-party websites are provided for convenience only.
Amberstone does not control, endorse or accept responsibility for third-party content.
Security and misuse
You must not:
- introduce malware, viruses, trojans, worms, logic bombs or other malicious or technologically harmful material;
- attempt to gain unauthorised access to the Site, its servers or connected systems;
- interfere with, damage or disrupt the operation of the Site or any related software equipment or networks; or
- attack the Site via a denial-of-service or distributed denial-of-service attack.
You are responsible for ensuring that your information technology systems, software, networks and devices used to access the Site are appropriately configured and protected, including through the use of up-to-date security and malware protection measures.
Any actual or suspected misuse of the Site may be reported to relevant regulatory or law-enforcement authorities where required or appropriate, and we may take any action we consider necessary to protect the Site, our systems and other users.
Any breach of this section may result in the immediate suspension or termination of your access to the Site.
Limitation of liability
To the maximum extent permitted by applicable law:
- the Site is provided on an “as is” and “as available” basis; and
- Aberstone excludes all implied warranties, conditions and representations.
Amberstone shall not be liable breach of statutory duty or otherwise) for any loss arising out of or in connection with:
- the use of, inability to use, or reliance on the Site or its content;
- loss of profits, revenue, business or business opportunity; or
- any indirect or consequential loss.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
Personal data
Personal data is processed in accordance with our Privacy Notice.
Governing law and jurisdiction
These Terms of Use, their subject matter and formation are governed by the laws of the Abu Dhabi Global Market.
The ADGM Courts shall have exclusive jurisdiction.
Amberstone Capital
means Amberstone Capital Limited
ADGM
means the Abu Dhabi Global Market.
ADGM Commissioner of Data Protection
means the ADGM Commissioner of Data Protection appointed by the ADGM board who heads the Office of Data Protection at ADGM.
ADGM Data Protection Regulations
means ADGM Data Protection Regulations 2021 enacted by the board of directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of the Law No.4 of 2013 concerning the Abu Dhabi Global Market.
ADGM Know Your Customer (KYC)
means mandatory requirements to ensure updated information about Amberstone Capital’s Customers, to perform identity verification and prevention of illegal transactions through the business relationship with Amberstone Capital such as money-laundering, identity theft.
Applicable Law
means any enactment or subordinate legislation applicable in (i) ADGM; or (ii) under Abu Dhabi or Federal Law having application in ADGM, as it applies to Data Controllers and Data Processors that are within the scope of these Regulations;
Automated Processing
means Processing that is conducted using an electronic application or system that operates automatically, either independently without any human intervention or under the supervision and limited intervention of a human.
Binding Corporate Rules
means Binding Corporate Rules or BCRs are internal rules which define the policy across entities regarding intra-organizational Personal Data transfers outside the ADGM.
Biometric Data
means Personal Data that results from the use of specific technology related to the physical, physiological or behavioral characteristics of the Data Subject that allow or confirm the unique identification of the Data Subject. This includes facial imaging or fingerprints.
Consent
means the approval in which the Data Subject authorizes a Third Party to process his / her Personal Data, provided that this Consent is specific, clear, and unambiguous through a statement or a clear positive action stating that the Data Subject accepts the Processing of his or her Personal Data.
Data Controller
means the entity or the natural person that has Personal Data and, by virtue of their activity, determines the method, approach, criteria, and purpose of Processing this Personal Data, whether alone or jointly with other persons or entities.
Customer
means consumers of products and services from Amberstone Capital.
Data Protection Officer
means the entity who is tasked with overseeing Amberstone Capital’s data protection programme and ensuring in an independent manner that all Personal Data processing at Amberstone Capital is in compliance with Applicable Laws including the ADGM Data Protection Regulations.
Data Subject
means an identified or identifiable natural person that Personal Data pertains or applies to.
Employee
means full time staff of Amberstone Capital.
Explicit Consent
means an indication that the Data Subject has given an active, clear and unambiguous agreement for their Personal Data to be used in a specific way, including, for example by signing a document, sending an email.
Personal Data
means any data related to a specific natural person or a natural person that can be identified directly or indirectly by linking identification elements, such as the person’s name, voice, photo, identification number, electronic identification, geographical location, or one or more of the person’s physical, physiological, economical, cultural or social attributes.
Personal Data Breach
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Processing
means any operation or set of operations performed on Personal Data through electronic means, including collecting, storing, recording, organizing, adapting, modifying, circulating, transferring, retrieving, exchanging, sharing, using, describing, and disclosing Personal Data by broadcasting, transfer, distributing, making available, coordinating, merging, restricting, obfuscating, deleting, destroying, or modeling the data.
Data Processor
means the entity or natural person that processes Personal Data on behalf of the Data Controller under the Data Controller’s direction and instructions.
Profiling
means the use of Personal Data to evaluate certain aspects related to the Data Subject.
Recipient
means the entity to whom Personal Data is transferred.
Special Categories of Personal Data
means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, Biometric Data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation; and Personal Data relating to criminal convictions and offences or related security measures.
Third Parties
means an entity who processes Personal Data on behalf of Amberstone Capital or any of the joint Controllers of Amberstone Capital.
UAE
means the United Arab Emirates.