Terms & conditions
Welcome to the Terms and Conditions for the Cobalt Capital, Inc.’s website.
Cobalt Capital, Inc. is an investment and wealth management company helping people invest their finances. This is an agreement (“Agreement”) between Cobalt Capital, Inc., the owner and operator of www.cobaltcapitalinc.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our site and service. Throughout this Agreement, the words “Cobalt Capital, Inc,” “Cobalt,” “us,” “we,” and “our,” refer to, Cobalt Capital, Inc., and our website, www.cobaltcapitalinc.com , and any of our Services provided through our website.
Users of our Site and Service must be above the age of 18.
Description of Service
Cobalt Capital, Inc. is a financial advisory service that caters to the global expatriate community. Cobalt Capital, Inc.s offers wealth management, offshore investment and retirement planning along with other financial investment vehicles and opportunities. We lead the investment industry in knowledge and high level performance. We use our experience and know-how to bring you the best in international investment.
In order to contact us, we ask you to submit your name, phone number, email address and other financial information. Additionally, we request that you leave a short message describing your financial goals and needs.
During your use of our service you will be exposed to Confidential Information. “Confidential Information” means any information or communications whether written, oral, graphic or electronic, provided to you by us including but not limited to investment plans, strategies, agreements with third parties, and all other investment related information.
In order to protect our investment knowledge and financial techniques, it is important that none of our Confidential Information be disclosed. Therefore, by submitting information to us and using our Service, you agree that you will not disclose any Confidential Information to any person or entity except as we may approve in writing. Additionally, you agree to use your best efforts in safeguarding our Confidential Information. In the event of any violation of this provision of the Agreement, you agree that a breach will cause irreparable damage to Cobalt Capital, Inc. Therefore, if you breach this provisions we will be entitled to injunctive relief, without being required to post any bond, thus restraining you from violating or continuing to violate this Agreement.
Intellectual Property Rights
The design of the site along with Cobalt Capital, Inc.’s created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cobalt Capital, Inc., subject to copyright and other intellectual property rights under Japan and foreign laws and international conventions.
You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you express written permission.
Certified High Net Worth Individual
By submitting any information to us you declare and agree that you are a certified high net worth individual for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. You agree that this means:
- You can receive financial promotions that may not have been approved by a person authorized by the Financial Conduct Authority;the content of such financial promotions may not conform to rules issued by the Financial Conduct Authority; by agreeing to this Agreement you may lose significant rights; you may have no right to complain to either of the following:
the Financial Conduct Authority; orthe Financial Ombudsman Scheme; you have no right to seek compensation from the Financial Services Compensation Scheme. You are a certified high net worth individual because at least one of the following applies— You had, during the financial year immediately preceding the date you accept our Agreement, an annual income to the value of £100,000 or more; You held, throughout the financial year immediately preceding the date you accept our Agreement, net assets to the value of £250,000 or more. Net assets for these purposes do not include— the property which is my primary residence or any loan secured on that residence; any rights of mine under a qualifying contract of insurance within the meaning of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or any benefits (in the form of pensions or otherwise) which are payable on the termination of your service or on your death or retirement and to which you (or your dependents) are, or may be, entitled. You accept that you can lose your property and other assets from making investment decisions based on financial promotions. You are aware that it is open to you to seek advice from someone who specializes in advising on investments.
Self-Certified Sophisticated Investor
By submitting any information to us you declare and agree that you are either a self-certified sophisticated investor or a certified sophisticated investor (see section 8) for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. You understand that this means:
- You can receive financial promotions that may not have been approved by a person authorized by the Financial Conduct Authority;
- the content of such financial promotions may not conform to rules issued by the Financial Conduct Authority;
- by agreeing to this Agreement you may lose significant rights;
- you may have no right to complain to either of the following:
- the Financial Conduct Authority; or
- the Financial Ombudsman Scheme;
- you may have no right to seek compensation from the Financial Services Compensation Scheme.
- You are a self-certified sophisticated investor because at least one of the following applies—
- You are a member of a network or syndicate of business angels and have been so for at least the last six months prior to the date below;You have made more than one investment in an unlisted company in the two years prior to the date below;You are working, or have worked in the two years prior to the date which you agree to this Agreement, in a professional capacity in the private equity sector, or in the provision of finance for small and medium enterprises;
- You are currently, or have been in the two years prior to the date below, a director of a company with an annual turnover of at least £1 million.
- You accept that you can lose your property and other assets from making investment decisions based on financial promotions. You are aware that it is open to you to seek advice from someone who specializes in advising on investments.
Certified Sophisticated Investor
By submitting any information to us you declare and agree that you are either a self-certified sophisticated investor (see section 7) or a certified sophisticated investor for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005.
To this end, after accepting this Agreement you will send a certificate in writing or other legible form signed by an authorized person within the meaning of the Act to the effect that you are sufficiently knowledgeable to understand the risks associated with investments in shares or stock in the share capital of anybody corporate wherever incorporated or any other investment as described in the above Order;
By agreeing to this Agreement, you fully understand and agree to the following statement: “I make this statement so that I am able to receive promotions which are exempt from the restrictions on financial promotion in the Financial Services and Markets Act 2000. The exemption relates to certified sophisticated investors and I declare that I qualify as such in relation to investments of the following kind [listed below]. I accept that the contents of promotions and other material that I receive may not have been approved by an authorized person and that their content may not therefore be subject to controls which would apply if the promotion were made or approved by an authorized person. I am aware that it is open to me to seek advice from someone who specializes in advising on this kind of investment”.
Investment kinds: shares or stock in the share capital of anybody corporate wherever incorporated also any unincorporated body constituted under the law of a country or territory outside the United Kingdom
Our reputation is very important to us. By submitting any information to us or using any of our Services you agree that you will not disparage Cobalt Capital, Inc.s, its services, officers, agents or employees in a harmful manner that will either hurt our reputation or our business reputation. This non-disparagement clause becomes effective immediately after you agree to our Terms of Service.
The word “disparage” shall mean making comments to a person not a party to this agreement which would be actionable under legal principles of defamation or which materially cause damage to the reputation of a party to this agreement. In the event of any violation of this provision of the Agreement, you agree that a breach will cause irreparable damage to Cobalt Capital, Inc.. Therefore, if you breach this provisions we will be entitled to injunctive relief, without being required to post any bond, thus restraining you from violating or continuing to violate this Agreement.
Limitations on Liability
In no event shall Cobalt Capital, Inc., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of our site or service, (II) personal injury, losses or property damage, of any nature whatsoever, resulting from your access to and use of our financial services and products, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our services, (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of our products made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In the event of any problem with this site or service, you agree that your sole remedy is to cease using this web site. In the event of any problems with our service, you agree that our liability is limited to the lowest legally allowed amount if any. Cobalt Capital, Inc.s is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products purchased from our site.
Representations and Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. We specifically disclaim all express or implied warranties. We offer financial services however we do not and will not guarantee the profitability of your investments. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
We are not liable for any failure of the services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of any of our Services to you, including any damages caused by your use of our Site or Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site. Additionally, users may be able to post third party links through content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
Cobalt Capital, Inc. and its Services may only be used by persons 18 years and older. If you are under the age of 18, please do not submit any information to us and please stop using our Site and Service immediately.
Choice of Law
This Agreement shall be governed by the laws in force in Japan. The offer and acceptance of this contract is deemed to have occurred in Japan.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Japan. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Cobalt Capital, Inc.s shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination and Cancellation
We may terminate or suspend service or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for properly notifying us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.