Terms of Use

This website (the “Website”), is a Website of Ecstatus Capital (UK) Limited (“EC”). Ecstatus Capital (UK) Limited is an Appointed Representative of Starmark Investment Management Limited, which is authorised and regulated by the FCA. The following Terms of Use (the “Terms”) govern your access to and use of this Website. By continuing to access and use this Website you are deemed to have understood and agreed to the Terms.

Any material presented on this Website is for Professional Clients only, as defined by the FCA rules and AIFMD. It does not constitute investment advice or an offering and is for illustrative and discussion purposes only.

For EEA users: This Website and the information on it is neither directed at nor made available to retail clients. It is directed only at persons who are professional investors (for the purposes of the Alternative Investment Fund Managers Directive (2011/61/EU) (known as ‘AIFMD’); professional clients or eligible counterparties for the purposes of the Markets in Financial Instruments Directive (Directive 2004/39/EC) (known as ‘MiFID’); or as otherwise defined under applicable local regulations and at whom this site and the information on it may lawfully be directed in any relevant jurisdiction.

For Non-EEA Users: This Website and the information on it is neither directed at nor made available to retail clients. It is directed only at persons who are deemed professional investors in appropriate eligible investors in the relevant jurisdictions in which they operate; or as otherwise defined under applicable local regulations and at whom this site and the information on it may lawfully be directed in any relevant jurisdiction.

By accepting these Terms of Use, you hereby certify that you are a Professional Investor, Professional Client or an Eligible Counterparty.

Not an Offer:

This Website provides a high-level overview of EC. The contents of this Website are for information purposes only and do not constitute an offer to sell or a solicitation to purchase any securities in any Funds or investment products mentioned on this Website, and therefore may not be relied upon in connection with any offer or sale of securities. Any offer or solicitation may only be made pursuant to a Confidential Private Placement Memorandum, which will only be provided to qualified offerees and should be carefully reviewed by any such offerees prior to investing. In addition, because this Website is only a high-level summary, it does not contain all material information pertinent to an investment decision, including important disclosures of conflicts and risk factors associated with an investment in a Fund. This Website in and of itself should not form the basis for any investment decision.

Past performance is not a guide to future performance. The value of investments can fall as well as rise and is not guaranteed. You may not get back the amount originally invested, and there is risk of total loss. Fluctuation may be particularly marked for high volatility asset classes, and the value of an investment may fall suddenly and substantially

Restrictions:

Please note that the provision of investment services may be restricted in certain jurisdictions. You are required to acquaint yourself with any local laws and restrictions on the usage of this Website and the availability of any services described therein. The information on this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.

Website Content:

This Website contains text, data, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and information connected with EC and its group undertakings or third-party licensors (“Information”). EC attempts to ensure Information is accurate, however Information is provided “as is” and on an “as available” basis and may not be accurate or up to date. Information on this Website may or may not have been prepared by EC but is made available without responsibility on the part of EC. EC does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Information. No responsibility is accepted by or on behalf of EC for any errors, omissions, or inaccurate Information on the Website. No action should be taken or omitted to be taken in reliance upon Information on this Website. We accept no liability for the results of any action taken on the basis of the Information. Certain files of Information may be available for download from the Website. These files of Information are subject to these Terms.

Advice:

Information on the Website is not offered as advice on any particular matter and must not be treated as a substitute for specific advice. In particular, Information on the Website does not constitute professional, legal, regulatory, financial or investment advice and must not be used as a basis for making investment decisions and is in no way intended, directly or indirectly, as an attempt to market or sell any type of financial instrument. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

Links to this and other websites:

You may not frame, link or deep-link this Website to any other website without our prior written consent. Should you wish to frame or to set up a link/ deep-link to our Website please contact: IQ@ecstatus.capital. EC is not responsible for any third-party website or website content (including, without limitation, any advertising appearing therein) which can be accessed through this Website. EC includes links to other websites for information purposes only and makes no representation whatsoever about any such link, website or content.

Copyright and reproduction notice:

Except as is otherwise indicated, EC (or its applicable group undertaking) is the owner of the copyright in all the Information featured on this Website and of all related intellectual property rights, including but not limited to all database rights, trademarks, registered trademarks, service marks and logos. You are permitted to download, print, store temporarily, retrieve and display Information from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication in any form. You are not permitted (except where you have been given express permission to do so) to adapt or modify the Information on this Website or any part of it and the Information or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain. © 2020 Ecstatus Capital All rights reserved.

Trademarks:

The trademarks and service marks used on the Website (collectively, the “Marks”) are trademarks (whether registered or unregistered) and/or service marks owned by EC or its group undertakings or by third party licensor’s. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks for any purpose whatsoever without the written permission or applicable licence terms of the lawful owner. Unauthorised use of the Marks or any Information is strictly prohibited and may violate trademark, copyright or other applicable laws.

Cookies On This Site:

We use cookies to personalise content, to provide social media features and to analyse our traffic. This information is not personally identifiable and is used to help us improve the experience for all of our visitors.

Computer Viruses:

Whilst we use reasonable endeavors to protect this Website from computer viruses, worms, and Trojan Horses (the “Viruses”), we do not warrant that the Website is free from such Viruses and accept no liability for any damage that may result from the transmission of any Viruses via this Website or via any files which are available for you to download from the Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, Viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Website.

Miscellaneous:

You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.

Liability

All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. Further, EC does not warrant that the Website will be uninterrupted or error free or that any defects will be corrected. To the extent permitted by applicable law, EC expressly disclaims all liability howsoever arising whether in contract, tort (or deceit) or otherwise (including, but not limited to, liability for any negligent act or omissions) to any person in respect of any claims or losses of any nature, arising directly or indirectly from: (i) anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Website; and (ii) the use of any data or materials on this Website or unauthorised access to this Website or otherwise. EC will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.

Severability:

If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

Changes:

EC reserves the right, at its discretion, to make changes to any part of the Website, the Information or these Terms. By continuing to use the Website you agree to be bound by these Terms as amended.

Governing Law:

These Terms, your access to and use of the Site and the Content and any dispute or claim arising out of or in connection with these Terms or your use of the Site and Content shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that EC may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.