1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, the following conceptions have the
The "Company" means Abu Dhabi Co., Abu Dhabi Branch and includes its
representatives and assigns;
The "Customer" means the individual, who places or aims to make an
Investment and, where the Customer is a company, means each present and future
associate of the company and, where the Customer is an individual or company,
includes any personal representative or legal successor of such individual or
The "Agreement" means these Abu Dhabi Co. Investment Terms and Conditions, the
Investment Agreement, each Confirmation and the Terms and Conditions for
Investment Account, as each of them may be revised or supplemented from time
"Alternative Currency" means, in respect of each Investment, the
alternative currency specified in the related Confirmation;
"Authorized Person" means the Customer and each person authorized by the
Customer to give instructions to the Company, as notified (together with
specimen signatures) to the company from time to time in such manner it may
"Business Day" means a day (other than a Saturday or a Sunday) on which
financial institutions are open for business (including dealings in foreign
currencies) in United Arab Emirates or any other specified jurisdiction;
"Calendar Year Days" means the number of days stated as such in the
"Confirmation" means the confirmation delivered by the Company to the
Customer setting out the terms of that Investment;
"Vis Major" means any hurricane, fire, mutiny, strike, or other industrial
action, communications breakage, power failure, act of terrorism, armed
conflict, any natural or man made disaster, or any other event beyond the
reasonable control of the Company which infracts the Company's normal business
"Interest Rate" means, in respect of each Investment, the annual interest
rate specified in the related Confirmation;
"Investment" means each
gold or currency investment placed by the Customer
with the Company pursuant to the Agreement;
"Investment Type" means the currency or metal in which that Investment is
denominated and specified in the related Confirmation;
"Investment Period" means the number of days in the period beginning from
the Start Date and ending on the Maturity Date;
"Maturity Date" means the maturity date specified in the related
"Withdrawal Currency" means the currency in which the Principal Amount and
Interest shall be repaid by the Company to the Customer after maturity of the
"Exchange Rate" means the pre-determined exchange rate of the Investment
Currency and the Alternative Currency/Metal selected by the Customer and
agreed by the Company and specified in the related Confirmation;
"Principal Amount" means, in respect of each Investment, the amount of
that Investment placed with the Company.
Business activity of the Company
3.1. Abu Dhabi Co. is an UAE registered company that runs
its offshore business activity beyond the jurisdiction it is registered in.
3.2. The Company deals with investments and makes money on hi-tech
projects that bring extra profits to investors upon their release.
3.3. Business activity of Abu Dhabi Co. aims at accumulation of
investors' funds needed to purchase the big budget
investment shares in
some venture projects.
3.4. Investment of the client's funds in a venture project is considered
completed only after the client deposits the money he/she has in his/her
account within the client area.
3.5. The Company reserves a right not to publish the financial reports
investment projects and offers the clients a fixed interest rate in
frame of each investment plan.
3.6. For popularization of the company activity Abu Dhabi Co offers its
clients to participate in an affiliate program that implies bonuses to the
clients that help to attract new clients.
3.7. The interest rate of the affiliate program participant equals 5%
from the money invested by each attracted client in any
2. ACCEPTANCE OF INVESTMENTS
The Company has the freedom of action as to whether to accept or reject any
Investment (or any part of it) and is not obliged to accept any Investment. The
Customer authorizes and instructs the Company to debit the necessary funds to be
invested from any account maintained by the Customer with the Company. If the
Investment is not made for any reason after the Company has debited the funds
from the Customer's account, the Company shall repay the funds to that account
as soon as reasonably realizable. Until debit of the funds from the germane
account, and after any repayment of the funds to that account, interest (if any)
shall accrue on the funds in pursuant to the regulations applicable to that
account from time to time.
3. TERMS OF INVESTMENTS
3.1 The Company has the right to determine at its option the following items
in relation to the Investment:
available Investment Currencies and Alternative Currencies;
available Start Dates;
minimum and/or maximum Investment Amount;
applicable Interest Rates;
applicable Pre-determined Exchange Rates; and/or
any other items relevant to an Investment.
3.2 The items and limits specified by the Company from time to time shall be
provided to the Customer upon request. The Customer may choose the terms of each
Investment subject to the limits determined by the Company. Upon agreement of
the terms of each Investment the Company shall issue to the Customer a
Confirmation to record the agreed terms.
3.3 Each Investment shall mature on the Maturity Date and will not be
3.4 An Investment is not transferable nor negotiable.
4. PAYMENT TERMS
4.1 After maturity of each Investment, the Company shall repay the Principal
Amount of the relevant Investment in either the Investment Currency or the
Alternative Currency in accordance with this Clause 5. All interest on each
Investment shall accrue and be paid by the Company in the Investment Currency.
4.2 The criterion for determining the Payment Currency shall be that the
Payment Currency shall be the Investment Currency or the Alternative Currency
according to the today's Exchange Rate.
4.3 If the Investment Currency is Euro or
Gold, the Principal Amount and
Interest rate shall be converted to US Dollars according to the Start
Exchange Rate. That may result in a reduced Principal Amount
than if it was invested in US Dollars as Investment Currency.
4.4 Interest shall be payable on the Maturity Date at an amount equal to the
Interest Rate multiplied by the actual number of days passed during the
Investment Period divided by the Calendar Year Days (with the annual
capitalization starting from the second year). No interest or other amount is
payable on an Investment except as specified in the Agreement.
4.5 Termination of an Investment (or any part of it) by the Customer before
the Maturity Date (an early withdrawal) is a subject of 15% penalty from the
4.6 The Company's obligations in respect of any Investment including, without
limitation, its obligation to pay the settlement amount, shall be subject at all
times to all laws, rules and regulations, and all codes, guidelines, judgments,
orders and instructions (whether or not having the force of law) issued by any
regulator, authority and/or governmental agency, and all customs and practices
of any market, whether in UAE or elsewhere, which are suitable to the Company or
the Investments from time to time.
5. DISRUPTION EVENTS
5.1 If any Disruption Event exists at the relevant time on a day which would
otherwise be a Business Day, the Company is entitled to defer any Start Date,
any Maturity Date, or any Payment falling on such day to the next Business Day
on which there is no Disruption Event.
5.2 If any Investment is not repaid on its Maturity Date by the Company due
to any Disruption Event, the Company shall pay interest on the Principal Amount
for each day from the Maturity Date up to but excluding the date on which that
Investment is paid back by the Company.
6. CUSTOMER'S REPRESENTATIONS AND WARRANTIES
6.1 The Customer warrants and represents that:
the Customer has read, understood, and accepted in full the requirements
of these Abu Dhabi Co. Investment Terms and Conditions (including the risk disclosure
statements set out herein) and the Investment Agreement;
the Customer shall make all Investments as principal and not as trustee or
representative for any other person;
the Customer has made and shall make its own independent determination in
connection with any Instruction concerning an Investment and the Company does
not hold itself out as advising the Customer as to whether or not it should
make any Investment, and any expression of view or consideration by the
Company or any of its employees or representatives shall not be treated or
relied on by the Customer as advice;
the Customer has the essential ability to make the Investments and perform
its obligations under the Agreement and, where applicable, is duly authorized
to do so under its constitutional documents and has taken all required
corporate and other action to authorize such transactions;
none of the obligations of the Customer under the Agreement shall violate
any of the terms of its constitutional documents and the performance of such
commitments shall not violate any legal, contractual or other commitments
binding on the Customer; and
the commitments of the Customer under the Agreement constitute valid and
legally binding obligations of the Customer.
6.2 The representations and warranties are given by the Customer to and for
the gain of the Company and shall be true and accurate on the date on which each
Investment is made by or on behalf of the Customer.
6.3 The Customer shall inform the Company of any fault in any Confirmation or
payment advice as soon as wisely practicable and no later than two Business Days
after the date of the Confirmation or payment advice, failing which the Customer
shall be consider to have agreed to and be limited by the terms set out in the
Confirmation or payment advice. In spite of the foregoing, the Company has the
right to amend at its discretion any mistake identified by the Company in any
payment advice or Confirmation.
7. FEES AND EXPENSES
7.1 The Company do not charge any fees for its services. All charges and fees
are already included in calculation and determination of Interest Rates payable
to the Customer.
7.2 The Company shall be entitled to determine and vary, from time to time,
fees and charges payable for services to be assigned by the Company in relation
to the Investments. The Company will give at least three months prior notice
before imposing any new fees or charges or fluctuating any existing fees or
charges. Paid fees and charges are non-refundable unless otherwise determined by
the Company charges and expenses payable by the Customer.
7.3 The Company shall not be entitled to change fees and charges payable for
already existing services.
8. REBATE AND COMMISSION
Subject to suitable laws, guidances, and regulations of the United Arab
Emirates, the Company shall be entitled, without prior divulgence to the
Customer, to accept and retain for its own account and benefit absolutely any
income, rebate, commission, fee, benefit, discount, and/or other privileges
arising out of or in connection with any Investment or the assignment of
services to the Customer.
9.1 This Agreement shall be binding on the Customer and the Customer's
assignees and personal representatives. The Customer shall not assign or create
obstacle over all or any of the Customer's rights and interest under the
Agreement without the prior written consent of the Company.
9.2 The Agreement shall be binding on and ensure to the income of the
Company, its legal representatives and assigns. The Company may, at any time
after giving to the Customer notice of its intent to do so, assign and transmit
all or any of its rights and obligations under the Agreement to any person.
10. NO WAIVER
No failure or postpone on the part of the Company to exercise any power,
right, or remedy under the Agreement shall operate as a rejection thereof, nor
shall any single or partial exercise by the Company of any such power, right, or
remedy prevent any other or subsequent exercise thereof or the exercise of any
other power, right, or remedy. The remedies and rights provided in the Agreement
are joint and are not exclusive of any other rights or remedies provided by law
Each of the conditions of these Terms and Conditions is separable and
distinct from the others. In the event that any one or more of the provisions of
these Terms and Conditions shall be held illegal, false, or unenforceable in any
respect under the law of any applicable jurisdiction, the legality, validity,
and enforceability of the remaining conditions under the law of such
jurisdiction and of these Terms and Conditions under the law of any other
jurisdiction shall not in any way be affected or impaired thereby.
Client's personal data
Client's personal data is information provided by the client at
registering with the system for getting an access to the account of the
The Company does not share client's personal information with the
Client's personal data can be transferred to the third parties only
under the court decision.
The Company does not bear responsibility for change of personal
data or for any transactions conducted in client's account by the third
parties that received client's personal data illegally.
13.1 The Company may rewrite these Terms and Conditions and/or introduce
additional terms and conditions at any time and from time to time.
13.2 Any changes and/or addition to these Terms and Conditions shall become
efficient subject to the Company's notice. The Company shall give such notice at
least 90 days before any variation affecting charges and fees, the obligations
or liabilities of the Customer or that unfavourably affects the Customer and
which is within the Company's control, or such reasonable period as the Company
may appoint in the instance of any other variation. Such notification may be
given by display, advertisement, or other means as the Company thinks fit. Any
variation to these Terms and Conditions shall be binding on the Customer if the
Customer continues to maintain any Investment or account after the date of such
14. GOVERNING LAW AND JURISDICTION
14.1 The Agreement is governed by and shall be interpreted in fidelity with
the laws of United Arab Emirates.
14.2 The Company and the Customer submit to the nonexclusive jurisdiction of
the United Arab Emirates Courts but the Agreement may be enforced in the Courts
of any competent jurisdiction.