Terms of use and disclaimer

NOTICE: By using this site, you agree to the following terms and conditions of use (“Terms”) and to be bound by them without limitation or qualification. DARA CAPITAL (“DARA”) reserves the right to change, modify, add or remove portions of these Terms at any time. Your continued use of this site constitutes agreement to all such changes.

Information Only – no Advice, No offer: DARA makes no warranties or representations as to the completeness, accuracy, timeliness or validity of this site. This site has been prepared solely for the purpose of providing information about DARA and the products and services it offers. DARA uses reasonable efforts to include accurate and up to date information on this site. DARA makes no commitment and disclaims any duty to update or correct any information at this site. DARA is not liable for any action you may take or decision you may make in reliance on any information on this site. Such actions and decisions are your sole responsibility. Access to this site or transmission of information from this site does not create or constitute an engagement or client relationship.

Although the site may include investment-related information, nothing on the site is a recommendation that you purchase, sell, subscribe or hold, or a solicitation of a purchase or sale of any security, futures, options, other financial instruments or other investment, that you pursue any investment style or strategy or buy any other product or service. DARA does not give any advice or make any representations through this site as to whether any security, investment, strategy, product or service is suitable to you or will be profitable.

Past Performance: The past performance of any investment or investment strategy is not indicative of future performance. The value and income of any securities or financial instruments can go up as well as down. Many factors may affect the value of a financial instrument, and accordingly, investors effectively assume all risk and some or all of the amount invested may be lost.

Forward-Looking Statements: This site may contain forward-looking statements that reflect DARA’s current views with respect to, among other things, future events and financial performance. The inclusion of this forward-looking information should not be regarded as a representation by DARA or any other person that the future plans, estimates or expectations contemplated by DARA will be achieved.

Jurisdictional Issues: This site is not directed to, or intended for distribution to or use by, any person or entity that is a citizen or resident of, or located in, any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject DARA to any registration or other requirement within such jurisdiction or country.

DARA makes no representation that materials in or accessible through this site are appropriate or available for use in other locations or that access to them where their content is located is not illegal or prohibited. Those who choose to access this site from other locations do so on their own initiatives and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or materials with local laws, if and to the extent local laws are applicable. DARA reserves the right to limit access to this site to any person, geographic region or jurisdiction.

No Warranties: DARA disclaims all warranties with respect to the site and the information at the site that the law allows it to disclaim. The site, including all information, is provided “as is” and “as available.” DARA disclaims all representations and warranties, express or implied, of any kind with respect to the site and the information at the site.

LIMITATION OF LIABILITY: In no event shall DARA, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. DARA, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

Restrictions on Use of Materials: Unless otherwise expressly noted, all information and materials, including but not limited to, images, illustrations, designs, icons, photographs, tools, data, products, services, and written and other materials that are part of this site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by DARA, its affiliates and/or third parties. No material from this site may be copied, modified, reproduced, republished, uploaded, reposted, transmitted or distributed or otherwise commercially exploited in any way without the written consent of DARA. DARA will not treat users of this site as its clients or agents by virtue of their accessing this site. You may not amend, deconstruct or attempt to violate the content or security of this site.

Links to Other Sites and Services: If you access any third-party site through this site or otherwise, you do so at your own risk. Any links from or to other sites are provided merely for the convenience of the users of this site and the inclusion of these links does not imply an affiliation, endorsement, representation, approval or warranty by DARA. Accordingly, DARA cannot be held responsible for the information, materials, products or services obtained on or from such other sites, nor will DARA be liable in any respect whatsoever for any damages arising from your access to such sites.

Choice of Law and Consent to Jurisdiction: These terms and your use of this site shall be governed by Swiss law without regard to its conflicts of laws principles. Any legal action or proceeding related to this site shall be brought exclusively in a court of competent jurisdiction sitting in Zurich, Switzerland.

GDPR: DARA is subject to the Swiss Data Protection Act. However, our high standards also endeavor to comply with the EU General Data Protection Regulation (GDPR), which came into force on 25 May 2018, for users from the EU. If you wish to assert special rights under the GDPR or have any other concerns in this regard, please contact us directly.

OFS Ombud Finance Switzerland: In accordance with the new regulatory and statutory provisions of the Financial Services Act (FinSA), DARA has joined an ombudsman. Your satisfaction is our utmost priority, however, should you wish to initiate mediation proceedings with the ombudsman, please use the details below:

OFS Ombud Finance Switzerland
10 rue du Conseil-Général
1205 Geneva, Switzerland

Phone: +41 22 808 04 51

OFS is a Swiss Foundation dedicated to provide dispute resolution services to affiliated financial institutions, financial service providers, financial advisers and their clients. Its services are available upon request, from clients or from financial service providers.