Legal

Disclosures

Terms of use

You (the “User”) are currently viewing a page of the marlinadvisory.com website (the “Website”) belonging to Marlin Capital Partners Limited (“Marlin”). This Website and any of the services provided by Marlin in connection with this Website are being provided to the User expressly subject to these Terms of Use, which govern the User’s use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING THE WEBSITE EACH USER DECLARES THAT THEY HAVE UNDERSTOOD THESE TERMS OF USE AND THAT AGREE TO BE BOUND BY THEM. ANY USER NOT IN AGREEMENT WITH THESE TERMS OF USE SHOULD LEAVE THE WEBSITE IMMEDIATELY.

Acceptable use

As a condition of use of this Website, each User agrees not to use the Website: (i) for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use; (ii) to commit any act of fraud; (iii) to distribute viruses or malware or other similar harmful software code; (iv) for purposes of promoting unsolicited advertising or sending spam; (v) to simulate communications from Marlin or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); (vi) in any manner that disrupts the operation of the Website or business or the website or business of any other entity; (vii) in any manner that harms minors; (viii) to promote any unlawful activity; (ix) to represent or suggest that Marlin endorse any other business, product or service unless Marlin have separately agreed to do so in writing; (x) to gain unauthorised access to or use of computers, data, systems, accounts or networks; or (xi) to attempt to circumvent password or user authentication methods.

Access outside of the Bahamas

Marlin makes no promise that this Website is appropriate or available for use in locations outside of the Commonwealth of The Bahamas (“The Bahamas”). Any User who chooses to access the Website from locations outside of The Bahamas, acknowledges that they do so at their own initiative and are responsible for compliance with local laws where they apply.

Intellectual property rights

Except as otherwise expressly stated, all materials, content and forms contained on this Website are the intellectual property of Marlin and may not be copied, reproduced, distributed or displayed without Marlin’s express written permission. Each User is authorized to view the information available on the Website for informational purposes only. Any available materials may be downloaded by each User for their personal or internal business purposes only.

Use of this Website does not grant the User any right to the contents, software, a registered trademark or other element of the Website. All ownership rights remain with Marlin or third parties as the case may be.

Any reproduction (full or partial), transmission (electronically or by other means), linking, alteration or use of the Website of Marlin for a public or commercial purpose is not permitted without the prior written consent of Marlin. Any such requests should be sent to info@marlinadvisory.com.

No offer

The information contained in this Website is for general information purposes only and does not constitute an invitation or offer to acquire, hold or sell the investment instruments mentioned on this Website or other products or an invitation or offer to engage in other transactions or legal business.

No advice

The information published on this Website is not intended to constitute legal, accounting, and financial or tax advice, and should not be relied upon in any such regard. The information published herein is not intended to be a comprehensive or detailed statement concerning the matters addressed. Many factors unknown to Marlin may affect the applicability of any statement or comment made on this Website to the User’s particular circumstances.

Every User of this Website is advised to seek professional advice before acting on any part of the information contained herein.

No guarantee

Marlin takes the greatest possible care when compiling contents on this Website.

While Marlin endeavors to keep the information up to date and correct, Marlin makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance placed by a User on such information is therefore strictly at the User’s own risk.

Moreover, every effort is made to keep the Website up and running smoothly. However, Marlin takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Marlin’s control.

Changes

Marlin may make changes to the Website and information contained herein without prior notice at its sole discretion.

Risk / Performance

Each User should note that investments can involve significant risks and the value of an investments may go down as well as up. No assurance can be given that the investment objective of any product will be achieved or that substantial losses will not be suffered. There is no guarantee of performance and past or projected performance is not necessarily a guide to future results.

Exclusion of liability

Marlin expressly disclaims any liability for losses or damages, whether direct or indirect, special or consequential, incurred by any User of this Website however arising in connection with this Website or use thereof or inability to use by any User.

By accessing this Website, each User releases Marlin (including its partners, directors, employees, shareholders, professional advisers, delegates or agents and permitted successors and assigns (collectively “Indemnified Persons”)) from all actions, proceedings, losses, costs, expenses, claims and demands (collectively “Claims”).

Breach of Terms of Use and Indemnity

By accessing this Website, the User agrees to these Terms of Use. In the event of the User’s breach of these Terms of Use, Marlin may terminate or suspend the User’s use of the Website, remove or edit submissions, disclose submissions or any other communication by the User to law enforcement authorities or take any action Marlin considers necessary in its sole and absolute discretion to remedy the breach.

Any User who does not comply with the conditions stated in these Terms of Use agrees to hold Marlin and the Indemnified Persons fully and effectively indemnified, without prejudice to any other indemnity to which the Indemnified Persons may otherwise be entitled to, from and against all Claims arising directly or indirectly by reason or in consequence of the User’s breach of these Terms of Use.

Linked websites

Through this Website the User may be able to link to other websites which are not under the control of Marlin. Marlin has no control over the nature, content and availability of such third party sites. Links are provided for the User’s convenience only and do not imply the endorsement or approval of such websites, products or publications by Marlin. Marlin accepts no responsibility for the legality or content of any linked third party websites.

Confidentiality

This Website is not a secure medium for communication. Any confidential, proprietary or sensitive information transmitted by a User by means of this Website may be accessed and copied by unauthorized persons. Marlin cannot ensure the privacy, accordance and authenticity of any information or instructions sent to Marlin over the internet. Marlin will not be responsible for any damages which may be incur by a User if a User chooses to communicate confidential information to Marlin over the internet or Marlin communicates to a User at the User’s request.

Possible conflicts of interest

Marlin and/or its board members, managers or staff may have invested in financial products in the past or they may be currently investing in financial products or invest in financial products in the future about which this Website contains information. Furthermore, it is possible that these natural persons and legal entities have rendered, are rendering or will render in the future services for the issuers of such financial products, for example, investment management and/or advisory services or acting as board members or management.

Cookies

Marlin currently does not use any “cookie” technology on the public areas of the Website. If cookies added in the future, these Terms of Use will be updated to explain how cookie technology is used.

Applicable law and jurisdiction

These Terms of Use and any dispute or claim arising out of, or in connection with, it, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of The Bahamas.

The courts of The Bahamas will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms of Use, their subject matter or formation (including non-contractual disputes or claims).

These Terms of Use were published on September 8th 2023 and last updated on May 9th 2022.