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Terms and Conditions of Use / Disclaimer

By accessing the Wadiah Capital (“Wadiah”) website, and any of its pages (the “Site”), you agree to be bound by these Terms and Conditions of Use / Disclaimer (the “Terms of Use”).  WADIAH products and services are made available solely to clients ofWadiah Capital ( Newark, Delaware, United Stated of America), Wadiah Capital Ltd. (republic of Marshal islands ), and Wadiah Capital   (Suisse Trust) S.A. (Zurich, Switzerland).

 Access Subject to Local Restrictions:

The Site and all information and functionality contained within the Site are not directed at or intended for use by any person resident or located in any jurisdiction where the distribution of such information or functionality is contrary to the laws of such jurisdiction.

Services and Products:

The general information regarding services and products available from WADIAH is for information purposes only. The information on this Site is not intended and should not be construed as an offer or solicitation for the purchase of any stock, bond, mutual fund or any financial instrument or to provide any investment service or investment advice in any

jurisdiction.  The information and materials contained in this Site is subject to change without notice.  Some of our other websites or pages within this Site contain supplemental terms and conditions and additional disclosures and

disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers.  In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages. 

Warranty Disclaimer:

The Site, any service offered on or through the Site, and the entire contents and software on the Site, are provided "as

is" and "as available" without warranty of any kind whatsoever.  WADIAH expressly disclaims all warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of performance or course of dealing. WADIAH makes no warranty or guaranty that the contents of the Site are complete, error-free, or that the Site will operate in a manner that is secure (unless otherwise indicated), uninterrupted or error-free, or that the Site is or will be maintained free of viruses or other

harmful code.  It is up to you to take any and all precautions to ensure that the information you access and use from

the Site is free of such items as viruses, worms, trojan horses and other items of a destructive nature.  Changes may be made to the contents and software on the Site, and the products and services described within or offered on the Site, at any time without notice.  WADIAH uses reasonable efforts to include accurate and up to date information on the Site. WADIAH is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions.

Limitation of Liability:

By using the Site, you agree that WADIAH will not for any reason or circumstance, and regardless of legal theory, whether in tort, contract, or otherwise, be liable to you or any other party for any direct, indirect, incidental, consequential, punitive, or any other damages, however caused, and regardless of character, including, without limitation, lost profits, lost savings, loss of programs or other data on your information handling system or otherwise, even if WADIAH has been advised of the possibility of any such damages.  The foregoing limitation of liability applies, by way of example but without limitation, to any damages arising out of or in connection with (i) your access to, use of, or inability to use, the Site (including any service offered on or through the Site), or (ii) any errors or omissions in the content of, or performance of the software on, the Site (including any services offered on or through the Site).

Indemnification and Exculpation:

You hereby agree, to the fullest extent allowed by applicable law, to indemnify and hold WADIAH and any offices, branches and affiliates of WADIAH (and their respective directors, shareholders, officers, employees, attorneys and agents) harmless from and against any and all claims, causes of action, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, fees, taxes and any other liabilities, including, without limitation, reasonable in-house or outside counsel fees (whether incurred at trial, on appeal, with or without litigation) and any other costs or disbursements of any kind or nature whatsoever, by whomsoever brought or caused, which may be imposed upon, incurred by, or asserted against WADIAH, in any way relating to or arising out of the use of the Site.  WADIAH and any offices, branches and affiliates of WADIAH (and their respective directors, shareholders, officers, employees, attorneys and agents) may not at any time incur any liability to your (and you hereby expressly waive and release any and all claims and causes of action that you may at any time or times have against any of such institutions and individuals) in connection with any of the indemnified liabilities.

Access to Secured Areas:

Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution.

Copyrights, Trademarks, and Servicemarks: 

The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright of Banco Santander International and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the

property of WADIAH CAPITAL , its affiliates, or third party licensors.  By making this Content available on the Site, WADIAH CAPITAL and its affiliates are not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party.  The Content is protected by

U.S. and international copyright laws.  The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics ("Marks"), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of WADIAH CAPITAL S.A. and its affiliates or its third party licensors. Unauthorized use is prohibited.

You agree not to remove copyright, trademark or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of WADIAH except for your individual use.  No right, title or interest in any downloaded materials is transferred to you as a result of any such

downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.

External Links

To the extent links are provided from the Site to other websites, WADIAH does not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Conflict with Additional Terms

Certain web pages or areas on the Site may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

These Terms of Use are revised and effective as April 2018.