Terms of Use

Terms And Conditions of Use Of The Arcapita Website

Please read these terms and conditions carefully.  By accessing this electronic World Wide Web site (this “Web Site”) and any pages thereof, you unconditionally agree to follow and be bound by the terms and conditions listed here (these “Terms of Use”).  If you do not agree to be bound by and comply with all of these Terms of Use, you may not use this Web Site.  Arcapita Group Holdings Limited and its affiliates (“Arcapita,” “we” or “us”) reserve the right to modify these Terms of Use, at any time and for any reason, without notice, and without liability to you or any third party.  Therefore, you should periodically visit this page to review these Terms of Use.

No Offer or Advice

Nothing contained in this Web Site constitutes investment, tax, accounting, legal or other professional advice, and no information or material contained in this Web Site is to be deemed a recommendation to buy or sell any securities, nor should it be relied upon in connection with any offer or sale of securities or for making business, investment or other decisions.  This Web Site and the information contained herein should not be used as a substitute for professional advice.  The description in this Web Site of the products and services of Arcapita or any of its affiliates is provided for informational purposes only and is not intended to offer such products or services to any person, to advise any person to invest in any such product or services or to induce or attempt to induce any person to invest in any such product or services.

Arcapita makes no representations that transactions, products or services discussed in this Web Site are available or appropriate for sale or use in all jurisdictions or by all investors.  If you access this Web Site, you do so at your own initiative and are responsible for compliance with local laws and regulations.  We do not make any representation regarding registration with the United States Securities and Exchange Commission.  The information posted in this Web Site has not been recommended by any securities commission, regulatory body or government entity.

There may be delays, omissions or inaccuracies in the information obtained through your use of this Web Site.

Past Performance

Any performance data or comments expressed in this Web Site are merely an indication of past performance.  Past performance is not indicative of future results; no representation is being made that any investment will, or is likely to, achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Limitation of Liability

You are solely responsible for the decisions made based on information contained in this Web Site.  In exchange for using this Web Site, you agree to indemnify, defend and hold Arcapita and its affiliates harmless against any and all claims, damages, costs or other expenses arising directly or indirectly from any decision you make based on such information.

IN NO EVENT WILL ARCAPITA, ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR INCLUDING WITHOUT LIMITATION, CLAIMS ARISING FROM MALFUNCTION OR DEFECTS IN THE WEB SITE OR INABILITY TO ACCESS OR USE THE WEB SITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR TELECOMMUNICATIONS OR SYSTEM MALFUNCTION, EVEN IF ARCAPITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ARCAPITA CANNOT GUARANTEE THAT THE MATERIAL IN THIS WEB SITE HAS NOT BEEN AFFECTED BY TECHNICAL MALFUNCTIONS OR UNAUTHORIZED TAMPERING.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.  To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

If you are dissatisfied with any portion of this Web Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Web Site.

No Warranties

THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ARCAPITA BELIEVES THAT THE INFORMATION IN THIS WEB SITE HAS COME FROM RELIABLE SOURCES, BUT NEITHER ARCAPITA NOR ANY OF ITS AFFILIATES GIVES ANY ASSURANCES OR WARRANTIES OR MAKES ANY REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THIS WEB SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARCAPITA EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.  ARCAPITA FURTHER DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED IN THIS WEB SITE.  THE MATERIALS IN THIS WEB SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  YOUR USE OF THIS WEB SITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS CONTAINED IN THIS WEB SITE IS SOLELY AT YOUR OWN RISK.

Electronic Communication

Electronic mail or other information voluntarily submitted to this Web Site should be considered neither secure nor confidential.  Arcapita makes no representation whatsoever concerning the security or confidentiality of your electronic messages and specifically makes no representation that any electronic messages submitted through this Web Site will be received by Arcapita.

Copyright & Trademarks

This Web Site contains proprietary content, information and material that are protected by intellectual property and other laws in the United States and internationally.  Service marks, trade names, trade dress and products are the property of their respective owners.

All rights not expressly granted are reserved.  Copyright in the content contained in this Web Site, in the screens displaying the content, and their arrangement, is owned by Arcapita or its affiliates unless otherwise indicated.  The content and data found in this Web Site may not be distributed, modified, transmitted, reused or reposted, for private, public or commercial purposes, without the express written permission of Arcapita.  Nothing in this Web Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on this Web Site.

All content contained in this Web Site, such as graphics, logos, articles and other materials, is the property of Arcapita or others and is protected by copyright and other laws.  All trademarks and logos displayed on this Web Site are the property of their respective owners, who may or may not be affiliated with Arcapita.  Nothing contained in this Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on this Web Site without the written permission of Arcapita or such other third party that may own the content or trademark displayed on this Web Site.

Links and Third Party Content

Linking to this Web Site or framing any of the materials contained in this Web Site without the prior written permission of Arcapita is strictly prohibited. This Web Site may contain links to other World Wide Web sites or frame information from third-party sites, which are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service.  Arcapita is not responsible for, and does not endorse, guarantee or make any representations regarding, the accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of the content, or the merchantability of any products, displayed or described on linked sites, nor does it endorse the entities sponsoring those sites. Arcapita is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.  We encourage you to review the privacy policies and terms and conditions of use of all other sites that you visit.

Restrictions on Use

You agree to comply with all applicable laws and regulations in connection with accessing and using this Web Site.  Arcapita grants you a limited right to access and use this Web Site solely for your own personal, internal, non-commercial use.  You may print copies of the materials in this Web Site and store them on your own computer for your own personal, internal, non-commercial use.  These copies must not alter the original content of this Web Site, including without limitation all legal notices and legends.  Our prior written permission is required for any commercial use of materials in this Web Site, for making more than minimal copies of the materials contained in this Web Site, and for copying large portions of this Web Site, such as by bots, robots or spyders that “harvest” this Web Site.  If you seek permission for such use, please contact Arcapita at [info@arcapita.com].  Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.  Arcapita has the right, but not the obligation, to monitor and record any activity associated with this Web Site and respond as it deems appropriate.

International Use

Due to the global nature of the Internet, this Web Site may be accessed by users in countries around the world.  Arcapita makes no warranties that materials in this Web Site are appropriate or available for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited.  You should not access or use this Web Site if it is illegal or prohibited in your jurisdiction to do so.  Arcapita reserves the right to limit access to this Web Site to any person, geographic region or jurisdiction.  You may not use or export the information or materials in this Web Site, or accessible through this Web Site, in violation of applicable laws and regulations.  If you choose to access this Web Site, you do so on your own initiative and are responsible for compliance with all local laws and regulations.

Warning Regarding Web Fraud and Phishing:

Arcapita’s name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information.

When communicating with Arcapita through digital media, please:

  • -Confirm you are visiting the Arcapita authorized web site.  Arcapita’s only authorized website is posted through the domain www.arcapita.com.  No other website domains are authorized.
  • -Do not share your password and login ID with anyone, including anyone from Arcapita. Certain Arcapita web sites are private, available only to clients through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized web site, Arcapita will never ask you for your password or log in information. (If you forget your password or login, we will issue you new ones).
  • -Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other office locations are authorized offices of Arcapita.
  • -Do not send e-mails to anyone with an address other than authorized Arcapita e-mail addresses. Arcapita only uses “@arcapita.com” for e-mail addresses. Arcapita does not permit our employees and authorized representatives to send or receive work-related emails from personal accounts.
  • -No vendors are authorized by Arcapita to request or receive financial information through websites.
  • -Imposters can use the Arcapita name or those of our senior management in furtherance of a variety of criminal activities.  In particular, beware of scams purportedly affiliated with Arcapita or its senior management that promise extraordinary returns on your investment at little or no risk.

If you think you have been a victim of internet crime, you can file a complaint with the relevant government authorities.

If you have any questions about the above, please contact Arcapita directly through the methods provided under the Contact Us section of this Web Site.

Applicable Law

These Terms of Use shall be governed in all respects under the laws of the state of New York, exclusive of its choice of law or conflict of laws provisions. You agree that any action at law or in equity that directly or indirectly arises out of or relates to these Terms of Use and/or your access and use of this Web Site will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Aggregate Data

Arcapita generally records certain usage information, such as the number and frequency of visitors to this Web Site.  This information may include the World Wide Web sites you access immediately before and after your visit to this Web Site, the Internet browser you are using, and your IP address.  If Arcapita uses such data at all, it will be on an aggregate basis, and Arcapita will not disclose to third parties any information that could be used to identify you personally.

Contact Information

Thank you for visiting this Web Site.  You can contact Arcapita at the numbers provided under the Contact Us section of this Web Site if you have any questions about this Web Site or our Terms of Use.

Copyright © 2014 Arcapita Group Holdings Limited.  All Rights Reserved.