Terms and Conditions

Important Legal Information and Terms of Use

This site is owned and operated by EMK LLP, a limited liability partnership registered in England under number OC403928 whose registered office is at Lex House 2nd Floor, 17 Connaught Place, London, W2 2ES.

Website Terms and Conditions

Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website.  By using or otherwise accessing this website you agree to the terms, conditions, policies and restrictions governing the use of this website, which thus constitute a legal agreement between you and EMK Capital LLP (together with its subsidiaries and affiliates, “EMK”).  EMK may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content therein.  EMK may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon posting.  If you do not agree to abide by these terms and conditions, do not use this website.  Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of such changes.  YOU MUST ABIDE BY ANY AND ALL TERMS OF USE AND POLICIES POSTED ON THIS WEBSITE.

No Solicitation or Investment Advice

EMK (FRN: 755398) is authorised and regulated by the Financial Conduct Authority (“FCA”).

The contents of this site have been prepared solely for information purposes and EMK’s communications are only directed at professional clients and eligible counter-parties (as defined in the rules of the FCA). They are not directed at any other person.  In addition, no information on this site constitutes investment, tax, legal or any other advice and nothing on this site is intended to constitute an invitation or inducement to engage in investment activity in any jurisdiction.

EMK does not represent that any materials on this site are appropriate for use, or permitted by local laws, in all jurisdictions or by all investors. Those accessing the site do so of their own initiative and are responsible for compliance with applicable local laws and regulations. In particular, the site is not directed at any person resident in any jurisdiction where, under local law or regulation, the publication or availability of this site is prohibited.  Persons to whom such restrictions apply must not access this site.

The information on this site is published in good faith but no representation or warranty, express or implied, is made by EMK or by any of its partners or employees, as to its accuracy or completeness and it should not be relied on as such. Nothing in these Terms of Use attempts to exclude liability that EMK may have under the UK Financial Services and Markets Act 2000 (“FSMA”).

 Limited Right of Use/Ownership of Contents

The contents of this website are intended for the personal, noncommercial use of its users.  All materials published on this website (the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned and controlled by EMK or a party credited as the provider of such Content.  Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part.

EMK reserves the right to terminate at any time and without notice any users’ access to this website.

Disclaimers, Limitation of Liability and Indemnification

EMK hereby disclaims all warranties and representations of any kind with regard to this website, including any implied warranties of merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for a particular purpose.

This website and the information contained herein are provided “as is.”  The information contained on this website is gathered from sources deemed to be reliable; however, EMK does not warrant the accuracy, adequacy or completeness of the information and material contained on this website as of the viewing date and expressly disclaims liability for errors or omissions in such information and materials.  EMK does not make any commitment to update material or information on this website.

EMK is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use this website or any portion thereof, regardless of whether EMK has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

By accessing and/or using this website, you agree to indemnify, defend and hold EMK and its respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder.  You agree to cooperate as fully as reasonably required in the defense of any claim.  EMK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without EMK’s prior written approval.

There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed.  Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.

Submitted Materials & Submitting Plans  

Unless specifically requested, EMK does not solicit, nor does EMK wish to receive, any confidential, secret or proprietary information or other material from you through this website, by e-mail, through the “Contact Us” feature, or in any other way.  Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy.  By submitting Submitted Materials on this website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this website; and (ii) you grant EMK a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed.  EMK is not obligated to review any Submitted Materials.  EMK cannot be responsible for maintaining any Submitted Material you provide to this website, and we may delete or destroy any such Submitted Material at any time.

User Conduct 

Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content and/or the various other features available on this website, you agree that you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or EMK;
  • use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this website, or obtaining lists of users or other information from or through this website including, without limitation, any information residing on any server or database connected to this website;
  • use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
  • disclose any sensitive, proprietary or confidential information, about yourself or anyone else;
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website; or
  • use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule or regulation.

Hyperlink Policy

At certain places on this website, live ‘links’ to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of EMK.  EMK does not endorse, approve, certify, or control these external Internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such websites, nor does EMK warrant that such websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination.  Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.  Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favouring by EMK.  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites.

Trademarks

EMK Capital LLP and the EMK logo are trademarks and/or service marks of EMK and may not be used without the express written consent of EMK.  All other marks are property of their respective owners.  Any copying of information or documents published on this website without prior written approval from EMK is strictly prohibited.

Linking Conditions

You may not link to this site unless you have obtained the prior written consent of EMK. If you have obtained consent, you must comply with the following conditions:

  • you must only link to the homepage of this site. Linking to other content within this site is prohibited without EMK’s express written permission;
  • the text of the link must read either “EMK Capital LLP” or “www.emkcapital.com”. You may not use any EMK logo or graphic, as part of the link without EMK’s prior written consent;
  • the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and EMK; (b) portray EMK, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of EMK; or (c) alter the layout, content, look or feel of this site; and
  • you must not establish a link to this site that is not owned by you.

Miscellaneous

These Terms of Use constitute the entire agreement between you and EMK and govern your use of this website and any services offered through this website.  This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and EMK.

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

These Terms of Use and the relationship between you and EMK shall be governed by, and construed and enforced in accordance with, the laws of England and Wales.  You agree to submit to the personal and exclusive jurisdiction of the English courts for the resolution of any disputes arising out of or relating to these Terms of Use or this website.

The failure by EMK to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

You represent that you are legally able to accept these Terms of Use, and affirm that you are either of legal age to form a binding contract, or have obtained parental or guardian consent to do so.  If you do not agree to these Terms of Use, you may not use this site.