Terms of Use and Privacy Policy Statement

This website www.takaud.com (“Website”) can be accessed worldwide, however, the information on the Website is related primarily to Takaud Savings and Pensions B.S.C (c) (“TAKAUD”) and where relevant to its subsidiaries, branches and/or representative offices (“TAKAUD Group”).

By accessing and/or utilising/downloading the materials from this Website, you agree to abide by these Terms of Use and Privacy Policy Statement (“Terms of Use”) and further deemed to irrevocably have agreed to the terms stated herein below.

All clients will engage with TAKAUD (directly or indirectly via arrangements entered with relevant entities of TAKAUD Group) and hence, governed by the laws of the Kingdom of Bahrain, unless otherwise stated specifically or expressly in the terms and condition stipulated in relation to an entity of TAKAUD Group .

Any statement, information, details, charts, forecasts, projections, fact sheets, opinions, analysis, assessments and such other information released or issued by (i) TAKAUD (ii) TAKAUD Group, and/or (iii) employee, officers, directors, agents and representatives, via or by means of marketing material, newspapers, publications, speaking engagements, individual emails, conversations and such other forms of correspondence and communications, in written or verbal forms are deemed to be provided for information and marketing purposes only (collectively “Information”).

As such unless otherwise stated in or via relevant documentation, Information provided by TAKAUD, TAKAUD Group or persons associated thereby should not be deemed as an offer to (i) provide any investment advice, (ii) make any investments, (iii) participate or undertake any trading activity or strategy, and/or (iv) carry out such other or similar financial or advisory activities.

Intellectual Property

The contents of this Website are the property of TAKAUD Group, and TAKAUD Group reserves all its rights and remedies in respect of this Website. No part of this Website may be copied, reproduced, transferred, uploaded, published or distributed in any way without TAKAUD Group’s prior written consent, except that TAKAUD Group hereby grants its consent to you to print extracts from this Website without amendment or change for your personal and non-commercial use only.

The logos displayed on this Website are the property of the TAKAUD Group. They cannot be used on a website or any materials other than this Website or on any materials without the prior written consent of TAKAUD Group (which may be given or withheld in TAKAUD Group’s sole discretion).

Disclaimer

The information on this Website is provided in good faith and TAKAUD Group believes it to be accurate as of the date of the publication on the Website and any amendment. However, the data, opinions and information appearing in this Website are included exclusively for the purpose of providing information on the activities of TAKAUD Group and TAKAUD Group does not provide any warranty in respect of the accuracy of the data, opinions and information contained on this Website and expressly states that such data, opinions and information may not be the most current or accurate information that is available at the time you view this Website. TAKAUD Group makes no particular warranty as to the accuracy of the information contained on this Website or any promise to update this Website.

No information on the Website is intended as, or constitutes, professional advice, and should not be relied upon as such. TAKAUD Group does not accept any responsibility for, and disclaims all liability in respect of, the use of, or reliance upon, the information contained on the Website by any person for any reason whatsoever. No person should act or refrain from acting in reliance upon the information in the Website without seeking suitable prior professional advice.

TAKAUD Group reserves the right to modify the information and the functional and operational use specifications applying to the Website at its sole discretion. In no event will TAKAUD Group be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses, arising in connection with this Website or any linked website or use of this Website or any linked website, or inability to use same by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TAKAUD Group, or its representatives, are advised of the possibility of such damages, losses or expenses.

None of the information contained in the Website constitutes a recommendation, solicitation or offer by TAKAUD Group to buy or sell any securities or other financial instruments or provide any investment advice or service in any jurisdiction.

The information and services referred to in the Website are not intended to be used, downloaded or distributed in territories and jurisdictions where the provision, use, communication or dissemination thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory organisation or self-regulatory organization, or where TAKAUD Group is not authorised to provide such information or services. Some products or services described in the Website may not be available in all jurisdictions and/or to all clients.

TAKAUD Group makes no representation that materials or other content in the Website are appropriate or available for use anywhere. If you choose to access the Website from any other locations or being an alien you do it on your own initiative and at your own risk. You are responsible for complying with local laws or any laws applicable to you, if and to the extent such laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from this Website.

Risk Warning

Investing in TAKAUD Group’s investment strategies, solutions, investing in a wide array of mutual funds made available and/or subscribing to any of the services of TAKAUD Group, even if made in accordance with any investment advice or recommendation, may result in losses including the loss of capital.

That is, generally, all investments risk the loss of capital. While TAKAUD Group may utilise reasonable efforts in the selection and management of investments or provision of services, there can be no assurance that investments so made will not incur losses. Many seen or unforeseeable events, including but not limited to, acts or omissions by various government agencies, domestic and international economic and political developments, fluctuations in currency rates, speculative nature of the investments made such as investments in derivatives, leveraged products, impact of changes in foreign exchange etc., may cause sharp market fluctuations, which could adversely and rapidly affect the investor’s portfolios and performance of investments being made.

Investors are encouraged to read through the offering documents and other relevant documentation and details pertaining to the investments being made with or services being sought from TAKAUD Group, to understand the various risks that may be associated with such investments or provision of services. However, mentioning, if any, in a publication of the risks pertaining to a particular strategy, mutual fund or service option may not and should neither be construed as a comprehensive disclosure nor full description of all risks pertaining to such product or service. To this extent TAKAUD Group strongly recommends and encourages any recipient or investor considering investing with or subscribing to its investment solutions and services, to employ and continuously seek suitable financial, tax and legal advice prior to entering into or conclusion of any such investment, transaction or provision of services by TAKAUD Group.

Customer Relationship

Consulting a website of or receiving Information or publication from TAKAUD Group does not constitute establishment of customer relationship and TAKAUD Group shall not have any duty or incur any liability or responsibility towards any person or entity as a consequence thereof.

Further, while opening an account or establishing a relationship with TAKAUD Group, the recipient or customer shall execute set of terms and conditions, prescribed by TAKAUD Group. In this regard and upon execution of relevant documents, the recipient and/or the investors/applicant establishing a relationship with TAKAUD Group, shall be deemed to have received, read, understood and acknowledged the applicable business terms and related policies and relevant relationship with the appropriate entity of TAKAUD Group.

Conflict of Interest

TAKAUD Group has adequate policies and procedures in place governing its controls and procedures to mitigate and where relevant manage the conflict of interest elements that may arise during the course of its operations.

As a firm policy, TAKAUD Group, ensures that adequate procedures are in place to identify and manage the conflict of interest situations in an efficient manner. In furtherance of these efforts, TAKAUD Group may hold, take, transfer or alienate positions in securities, mutual funds, and/or such other financial instruments, where relevant.

Indemnity by you

By accessing this Website, you hereby agree to fully indemnify and to hold TAKAUD Group harmless from and against any claim brought by a third party arising from or in connection with any use of the Website by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities whatsoever suffered or incurred directly or indirectly by TAKAUD Group in consequence of such use of the Website or your breach or non-observance of any of these Terms of Use. You waive to the extent possible under law all claims against TAKAUD Group in connection with your use of this Website.

Information from you

Any materials sent to a member of TAKAUD Group, including by e-mail or through the internet, shall be deemed to be the property of TAKAUD Group, and, subject to any separate agreement by TAKAUD Group with its customers or as otherwise required by law, all such materials shall be deemed not to be confidential to the extent allowable by law. TAKAUD Group shall be free to reproduce, use, disclose, display, transform, create derivative works and distribute the materials to others without limitation. TAKAUD Group shall be free to use any ideas, concepts, know-how or techniques contained in such materials for any purpose whatsoever (including, without limitation, developing, manufacturing and marketing products incorporating such materials).

External Links and Third Parties

At any given point of time, TAKAUD Group may , for any given reason, or as part of any given business arrangement, may allow featuring of certain third parties  along with external links thereof (to access websites of such third parties), all, via links, banners and/or specific write ups. In these regard, TAKAUD Group shall not be held liable or responsible for the offering, information, details or acts/omissions of any such third party. If a recipient or user of this Website or investor or customer of TAKAUD Group decides to act upon such information or avail the services of such third parties, such user or investor is entirely at its own risk and with no liability whatsoever on the part of TAKAUD Group.

Further the links on the Website that may allow access to third party websites may contain privacy statements which may be different from the one stipulated by TAKAUD Group. Should the user choose to visit such linked websites, such user should consider the content of any privacy statement that may be applicable or prescribed in relation to such linked website. Any such linked websites or the websites that are connected with such linked websites are not within the control of TAKAUD Group, bearing no responsibility of liability for any or all of the contents or representations made thereof.

Security

This Website is secured with 128bit SSL encryption for users or recipient’s privacy. However, TAKAUD group does not guarantee that the Website will be secure or that any use of the Website will be uninterrupted.

Some pages or portals of Website may be password protected. In the interest of safety and security of the underlying transaction or in order to access relevant information, only registered users may have access to said pages or portals.

Cookies

Like most other web sites, TAKAUD Group’s servers may automatically track certain information activity on our Website. This information allows TAKAUD Group to keep the Website running efficiently. This information may include: the browser being used (such as Netscape, Internet Explorer etc.); user’s operating system (such as Macintosh, Windows, Linux, etc.); user’s IP address; referring URL and all company URLs that the user may visit. TAKAUD Group may use user’s IP address to help diagnose problems with its server, and to administer the Website, but any such user’s IP address may not be connected to information that is personally identifiable.

In addition, TAKAUD Group may use “cookies” on certain pages of the Website to automatically process information from a user to the Website and transfer this information to the user’s drive. Cookies help in recognising repeat users allowing communication of a personal welcome message and tailoring of content to match particular interests.

A cookie (i.e. a small data file that certain websites may send to your address when you visit them) can be put in some parts of the Website, with a view of tracking user traffic patterns. If the user prefers not to receive cookies, the user can set his/her browser to warn them before accepting cookies and refusing them whenever such browser alerts the user to their presence. The user can also refuse all cookies by turning them off in his/her browser.

Privacy Policy Statement

Subject to applicable regulatory requirements, each of the entities of TAKAUD Group, ensures that adequate confidentiality obligations related measures are adopted and followed in relation to the relevant individual or entity data.

Also while subscribing to any demos, live accounts or online investments calculation sheets with any entity of TAKAUD Group, such entity will, for administrative, commercial, archiving  and/or legal purposes, require and store information about such user or recipient, including, but not limited to the name, email, telephone and such other contact details. Any such collated information may be used by one or more entities of TAKAUD Group for the purpose of carrying out any marketing and promotional activities with respect to its investment solutions, and services. Any user who does not wish to receive such marketing material can unsubscribe.

To the extent required or made enforceable in the applicable regulatory requirements, an entity of TAKAUD Group may be obligated to maintain the confidentiality of the personal data shared and not pass or use any such personal data, without reasonable or legal grounds, that may be further elaborated in the relevant terms and conditions prescribed by such an entity of TAKAUD Group.

Recording of Personal Information

There are three broad categories of data recorded through this Website. They may comprise personal data contained in, among other places:

The information that the user may provide on this Website may include user name, address, e-mail address, and other details about the user or those about whom the user makes a disclosure.

When the user accesses this Website, information may automatically be collected about such user’s browsing session such as user’s IP address and what type of device being utilised by the user (e.g. a computer, a smart phone or a tablet).  Additionally a record may also be maintained on the pages that the user may view during his/her visit. This information is used to improve the way in which this Website operates and for systems administration purposes. This Website also makes use of cookies.

Client files and other records, which include administration and operational files and personal data provided to an entity of TAKAUD Group, in respect of promotional, operational and administrative activities by clients or potential clients or service suppliers.

Right of use with respect to Users Personal Information

TAKAUD Group utilizes the recorded data for delivering services to its customers, to improve its products and services, share with its service providers, its group companies, and share with industry experts to prepare reports and analysis. TAKAUD Group’s own marketing activities may be through third party service providers with whom it may share information covered by this Terms of Use.

If the user provides with an e-mail address, TAKAUD Group may reply to such user’s queries by e-mail.

Statistical information obtained from monitoring Website usage, or information provided by a user relating to his/her experience of using this Website, may be shared with third parties in order to assist in the development of this Website.

Personal Information may be disclosed to governmental or regulatory institutions or similar parties if required by any law, regulation or court order.

By submitting user’s personal information on this Website, the user consent to the use of that information as set out in this Terms of Use.

Miscellaneous

If any provision of these Terms of Use is found to be invalid by any court or tribunal having competent jurisdiction, the validity of the remaining provisions shall remain in full force and effect. Where TAKAUD Group does not exercise any right or remedy under these Terms of Use, this does not constitute a waiver of that right or remedy.

Law and jurisdiction

These Terms of Use are governed by the laws Kingdom of Bahrain, and any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts and tribunals of Kingdom of Bahrain. TAKAUD (on its own or as part of TAKAUD Group) nonetheless reserves the right to take legal proceedings in any jurisdiction other than Kingdom of Bahrain, to protect its interests or to enforce its rights whenever it deems it appropriate to do so.