WELF Advisory

Terms &
Conditions

For Professional Clients and Market Counterparties only. This website is intended solely for informational purposes and does not constitute an offer, solicitation, recommendation or financial promotion directed at Retail Clients.
1. Definitions and interpretation
1.1 In these Terms, unless the context otherwise requires:

(a) “Applicable Law” means any law, regulation, rule, code, guidance, policy, court order or regulatory requirement applicable to WELF, the Website, any Service or any Client relationship, including DIFC law and DFSA Rules where applicable;  

(b) “Client” means any person to whom WELF provides or proposes to provide Services under a formal engagement;  

(c) “DFSA” means the Dubai Financial Services Authority;  

(d) “DIFC” means the Dubai International Financial Centre;

(e) “Engagement Documents” means any client agreement, mandate, investment management agreement, advisory letter, fee schedule, application form, custodian account documentation, order form, disclosure, risk warning or other document governing Services provided by WELF to a Client;  

(f) “Market Counterparty”, “Professional Client” and “Retail Client” have the meanings given to them under applicable DFSA Rules;  

(g) “Services” means the services that WELF is authorised to provide and which are agreed with a Client from time to time under the Engagement Documents;  

(h) “Terms” means these Terms & Conditions, as amended from time to time; and  

(i) “Website” means the website operated for or on behalf of WELF and any related digital pages, portals, content, materials, communications and downloads.

1.2 References to statutes, laws, regulations or rules include any amendment, re-enactment, replacement or successor provision.

1.3 Headings are for convenience only and do not affect interpretation.
2. Company details and regulatory status
2.1 WELF Advisory Limited (“WELF”, “we”, “our” or “us”) is incorporated in the DIFC under registration number CL12503 and is regulated by the DFSA under reference number F012339 for the provision of advising on financial products, arranging deals in investments, arranging custody, and managing assets. WELF’s registered office is Unit GD-PB-04-01-OF-01-0, Level 1, DIFC Funds Centre, Precinct Building 4, Dubai International Financial Centre, Dubai, United Arab Emirates. WELF may act on a discretionary basis where agreed with clients.
2.2 WELF must not misrepresent its regulatory status, and key business documents connected with financial services carried on in or from the DIFC are expected to carry the required DFSA regulatory disclosure.
3. Application of these Terms
3.1 These Terms govern your access to and use of the Website and apply to pre-contractual communications and information made available by WELF through the Website or otherwise, unless and to the extent superseded by specific Engagement Documents.

3.2 By accessing or using the Website, or requesting information from WELF through it,
you confirm that you have read, understood and accepted these Terms. If you do not accept these Terms, you must not use the Website

3.3 Where WELF enters into Engagement Documents with a Client, those Engagement Documents govern the regulated client relationship. If there is any inconsistency between these Terms and the Engagement Documents, the Engagement Documents shall prevail to the extent of that inconsistency.  

3.4 Nothing in these Terms obliges WELF to accept any person as a Client or to provide any Service.
4. Eligible recipients and client classification
4.1 Unless expressly stated otherwise in writing, all communications, content and Services made available by WELF are directed exclusively at, and may be relied upon only by, persons who are or may properly be classified as Professional Clients and/or Market Counterparties under applicable DFSA Rules. WELF does not target Retail Clients through this legal page.  

4.2 A person who is not classified by WELF as a Professional Client or Market Counterparty must not
rely on the Website or any WELF communication as a basis for seeking, obtaining or using regulated services.

4.3 WELF may request such information and documents
as it considers necessary to assess client classification and may refuse access to regulated Services where the relevant categorisation cannot be established or maintained.

4.4 Where WELF treats a person as a Market Counterparty,
such treatment is subject to the person satisfying the relevant DFSA conditions and any required election, acknowledgement or other formalities.
5. Scope of services
5.1 Subject to Applicable Law and the relevant Engagement Documents, WELF’s Services may include one or more of the following:

(a) advising on financial products;
(b) arranging deals in investments;
(c) arranging custody; and
(d) managing assets.

5.2 The precise scope, limitations, investment universe, restrictions, deliverables,
reporting frequency, authority levels and any discretionary powers shall be set out in the Engagement Documents.

5.3 Not all Services are available to all Clients,
in all jurisdictions, at all times, or in respect of all products or counterparties.

5.4 WELF may use third-party
banks, brokers, custodians, administrators, technology providers, research providers, advisers, delegates or other service providers where lawful and appropriate.
6. No retail offer, no public offer, no financial promotion to the public
6.1 The Website and all material made available by WELF are provided strictly for general information purposes only.

6.2 Nothing on the Website or in any general communication by WELF constitutes or shall be construed as:
(a) an offer, invitation, recommendation or solicitation to enter into any transaction;
(b) an offer of securities or financial products to the public;
(c) a financial promotion directed at Retail Clients; or
(d) a prospectus, approved document, or regulated offering document for any jurisdiction.

6.3 Any person considering a transaction, investment, mandate or other arrangement with WELF
should do so only pursuant to formal Engagement Documents and after obtaining such independent financial, legal, tax, regulatory or other advice as that person considers appropriate.
7. No investment advice without formal engagement
7.1 No content on the Website, and no preliminary discussion or communication with WELF, constitutes personal investment advice, discretionary portfolio management, portfolio suitability confirmation, legal advice, tax advice, accounting advice or any other regulated advice for any specific person unless and until WELF has:

(a) completed the relevant onboarding and classification process;
(b) undertaken such suitability and appropriateness assessments as are applicable;
(c) completed all required AML/CFT and sanctions checks;
(d) accepted the person as a Client; and  (e) entered into the relevant Engagement Documents.

7.2 WELF shall not be treated as having assumed
any fiduciary, advisory, portfolio management or monitoring duty solely because a person has accessed the Website, received general materials, or had exploratory discussions with WELF.

7.3 Where WELF provides advisory or discretionary services under a formal engagement,
it may rely on information supplied by the Client unless WELF knows, or ought reasonably to know, that such information is incomplete, inaccurate or out of date.
8. Onboarding, KYC, AML and sanctions
8.1 Before establishing a business relationship or providing any regulated Service, WELF may require all information and documentation it considers necessary for client classification, know-your-client, AML/CFT, sanctions screening, source of funds, source of wealth, tax, regulatory and internal risk management purposes.

8.2 The Client shall promptly provide complete,
accurate and up-to-date information and supporting evidence, including information relating to beneficial ownership, authorised signatories and controllers.

8.3 WELF may conduct ongoing due diligence
and may request additional or updated information and documents at any time during the relationship.

8.4 If WELF is unable to conduct or complete the requisite due diligence to its satisfaction,
or if Applicable Law otherwise requires, WELF may decline to onboard the person, refuse to open or maintain any account, decline to provide a Service, suspend activity, or terminate the relationship.
9. Suitability and Client information
9.1 Where WELF recommends a financial product or financial service to a Client, or manages assets on a discretionary basis, WELF will assess suitability to the extent required by Applicable Law and the relevant Engagement Documents.

9.2 The Client acknowledges that WELF’s ability to assess suitability
depends on the Client providing complete, accurate and timely information concerning objectives, financial circumstances, risk tolerance, knowledge, experience and any relevant restrictions.

9.3 The Client must notify WELF promptly of any material change in that information.

9.4 To the extent permitted by Applicable Law, WELF may agree with a Professional Client
on a limited-scope suitability assessment, provided that any required written warning and consent are obtained and recorded in the prescribed manner.
10. Client assets and custody
10.1 Client assets are held with independent third-party custodians, banks or brokers in accordance with the relevant Engagement Documents and the terms of the relevant custodian or intermediary.

10.2 WELF does not hold or control client money or client assets
unless expressly disclosed otherwise in writing and lawfully authorised to do so.

10.3 Where WELF arranges custody,
the relevant custodian or other third-party provider remains responsible for the safekeeping, administration and contractual custody functions applicable to the services it provides. WELF’s role is limited to the extent set out in the Engagement Documents.

10.4 The Client acknowledges that third-party
custodians, banks, brokers and market infrastructures are subject to their own terms, procedures, operating hours, settlement cycles, fees, legal risks and insolvency regimes.
11. Fees, Charges and Billing
11.1 Fees, charges and reimbursable expenses applicable to any Service provided by WELF shall be disclosed separately in the relevant Engagement Documents and/or applicable fee schedules.

11.2 Clients may also incur third-party fees and expenses,
including custodian, brokerage, banking, administration, legal, tax, market data, execution, settlement and other external charges.

11.3 Unless otherwise agreed,
all fees are exclusive of VAT and any applicable taxes or governmental charges.

11.4 WELF reserves the right
to amend its fees and charging structure in accordance with Applicable Law and the relevant Engagement Documents.
12. Communications and electronic delivery
12.1 WELF may communicate with you by email, telephone, secure portal, website posting, virtual meeting platform, messaging system or other electronic means, unless WELF agrees otherwise in writing.

12.2 By dealing with WELF electronically,
you accept the risks inherent in electronic communications, including delay, interception, corruption, unauthorised access, incomplete transmission, technological failure and malware.

12.3 Subject to Applicable Law,
WELF may rely on communications, instructions and documents that appear to originate from you or your authorised representatives.

12.4 The Client shall keep contact details,
authorised signatory details and communication preferences up to date at all times.

12.5 Information that WELF is required to provide
directly to a Client may be delivered in electronic form where lawful and agreed or otherwise permitted.  
13. Conflicts of interest
13.1 WELF maintains policies and procedures designed to identify, prevent or manage actual and potential conflicts of interest between WELF and its Clients and between one Client and another.

13.2 Where WELF determines that a conflict cannot be prevented
or managed to protect Clients fairly, WELF may decline to act or cease acting.

13.3 To the extent required, WELF may disclose the general nature
and/or source of a conflict before providing or continuing to provide the relevant Service.
14. Record-keeping and call recording
14.1 WELF may record, monitor and retain telephone calls, electronic communications, meeting notes, instructions, order records, onboarding materials, client agreements, suitability materials, fee disclosures and other records relating to your relationship or dealings with WELF.

14.2 Such records may be used
as evidence in the event of any dispute, regulatory review, audit, internal investigation or compliance enquiry.

14.3 WELF will retain records for at least the period required by Applicable Law and,
where no longer period applies, for not less than six years from the relevant date or the end of the relevant client relationship, as applicable.
15. Intellectual property
15.1 All intellectual property rights in the Website and in all text, graphics, logos, databases, reports, documents, layouts, designs, compilations, software, trademarks and other materials made available by WELF are owned by or licensed to WELF, unless otherwise stated.

15.2 You may access and download materials from the Website
solely for lawful, internal, informational and non-commercial purposes, subject always to these Terms.

15.3 You must not reproduce, modify, distribute, republish,
frame, deep-link, reverse engineer, exploit or create derivative works from the Website or any WELF material without WELF’s prior written consent, except to the extent permitted by mandatory law.
16. Data protection and privacy
16.1 WELF processes personal data in accordance with Applicable Law and the applicable WELF Privacy Notice, as updated from time to time.

16.2 Personal data may be processed for purposes
including onboarding, client classification, suitability, provision of Services, administration, billing, security, fraud prevention, complaints handling, legal and regulatory compliance, risk management, audit and business operations.

16.3 WELF may share personal data,
where lawful and appropriate, with affiliates, custodians, banks, brokers, administrators, service providers, professional advisers, auditors, technology vendors and competent authorities.

16.4 Depending on the relevant service channel, WELF Advisory Limited
and/or another expressly identified group entity may act as controller, joint controller or processor, as specified in the applicable Privacy Notice.

16.5 The applicable Privacy Notice
shall set out the relevant legal bases, data subject rights, retention approaches, cross-border transfer arrangements and contact points for privacy enquiries.
17. Cookies and similar technologies
17.1 The Website may use cookies, pixels, analytics tools, session technologies and similar technologies for functionality, security, performance measurement and, where permitted, communications or marketing purposes.

17.2 Strictly necessary cookies may operate by default
to the extent needed for the operation, security and delivery of the Website or relevant digital services.

17.3 Any non-essential cookies or similar technologies that require consent under Applicable Law
shall be deployed only on the basis described in the applicable Cookie Notice or Privacy Notice, and users shall be given appropriate controls to manage their preferences.

17.4 Where consent is required,
silence, inactivity or pre-ticked boxes shall not be treated as valid consent.
18. Third-party content and external links
18.1 The Website may contain or reference third-party information, materials, research, ratings, valuations, opinions, software, platforms or links to third-party websites or services.

18.2 Such content or links are provided
for convenience only and do not constitute approval, endorsement or adoption by WELF.

18.3 WELF does not control third-party content
or external websites and, to the fullest extent permitted by law, accepts no responsibility for their availability, accuracy, completeness, legality, security, privacy practices, or fitness for any purpose.

18.4 Your use of any external site or third-party service
is at your own risk and subject to the terms and policies of the relevant third party.
19. Liability and disclaimers
19.1 The Website and all content made available by WELF are provided on an “as is” and “as available” basis for general informational purposes only.

19.2 To the fullest extent permitted by Applicable Law, WELF gives no
representation, warranty or undertaking, express or implied, as to the availability, timeliness, accuracy, completeness, currency, fitness for purpose, non-infringement, security or virus-free nature of the Website or any content.

19.3 To the fullest extent permitted by Applicable Law, WELF shall not be liable
for any indirect, incidental, special, punitive or consequential loss, any loss of profits, loss of opportunity, loss of business, loss of goodwill, loss of anticipated savings, or loss or corruption of data arising out of or in connection with the Website, any pre-contract communication, or reliance on any general information made available by WELF.

19.4 WELF shall not be responsible for
market movements, acts or omissions of custodians, counterparties, market infrastructures or other third parties, or for delays or failures caused by systems, networks or circumstances beyond WELF’s reasonable control.

19.5 Past performance is not a reliable indicator of future performance.
Forward-looking statements, projections, scenarios and opinions may change without notice and are not guarantees of future outcomes.

19.6 Nothing in these Terms excludes or limits
any duty or liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence where non-excludable, or any other liability which cannot be excluded under Applicable Law.
20. Indemnity
20.1 You agree to indemnify and hold harmless WELF, its affiliates, directors, officers, employees and agents from and against losses, liabilities, claims, damages, costs and expenses reasonably incurred by them arising out of or in connection with:

(a) your breach of these Terms;
(b) your unlawful, improper or unauthorised use of the Website;
(c) any false, misleading, incomplete or outdated information provided by you or on your behalf;
(d) any instruction given by a person reasonably believed by WELF to be authorised by you; or
(e) your breach of Applicable Law.

20.2 Clause 20.1 shall not apply
to the extent that the relevant loss is finally determined to have been caused by WELF’s fraud, wilful misconduct or other liability that cannot lawfully be excluded.
21. Suspension, termination and withdrawal
21.1 WELF may, at any time and without liability, suspend, restrict, withdraw or terminate access to all or any part of the Website, or discontinue any content, functionality, market commentary or digital feature.

21.2 WELF may decline to commence or may suspend or terminate any Service
or prospective relationship where it is required or entitled to do so under Applicable Law, internal policy, sanctions, AML/CFT obligations, conflict management, risk management or reputational considerations.

21.3 Termination or suspension of Website access does not affect
any rights, obligations or liabilities accrued before termination.

21.4 The termination of any formal client relationship
shall be governed primarily by the relevant Engagement Documents and Applicable Law.
22. Amendments
22.1 WELF may amend these Terms from time to time by publishing an updated version on the Website or otherwise notifying users or Clients, as WELF considers appropriate.

22.2 The version in force at the time of your use of the Website
shall apply to that use, unless a later effective date is expressly stated.

22.3 Where any amendment affects a regulated client relationship
governed by Engagement Documents, WELF shall give such notice, obtain such consent, and follow such procedures as are required by the relevant Engagement Documents and Applicable Law.
23. Notices
23.1 Any legal notice to WELF under these Terms shall be sent to:
WELF Advisory Limited Unit GD-PB-04-01-OF-01-0, Level 1
DIFC Funds Centre, Precinct Building 4
Dubai International Financial Centre Dubai, United Arab Emirates
Website: https://welf.com/contact  

23.2 WELF may give notices to you by email,
secure portal message, website posting, courier or post to the latest contact details held in its records.

23.3 Unless proven otherwise, notices shall be deemed received:
(a) if delivered by hand, on delivery;
(b) if sent by email, at the time shown in the sender’s sent record, provided no delivery failure is received; and
(c) if sent by courier or post, on the second Business Day after dispatch in the place of destination.
24. Force majeure
24.1 WELF shall not be liable for any delay, interruption, failure or inability to perform any obligation under these Terms to the extent caused by circumstances beyond its reasonable control, including war, terrorism, civil unrest, pandemic, natural disaster, market disruption, governmental action, cyber incident, utility failure, communications outage, technology breakdown, infrastructure failure, labour dispute or failure of any bank, market, exchange, custodian, broker or third-party provider.

24.2 Nothing in this clause relieves WELF
from complying with any non-excludable legal or regulatory obligation to the extent such obligation remains capable of performance.
25. Governing law, jurisdiction and regulatory powers
25.1 These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Dubai International Financial Centre.

25.2 The courts of the DIFC shall have exclusive jurisdiction
to hear and determine any dispute arising out of or in connection with these Terms, including any dispute relating to their existence, validity, interpretation, performance or termination.

25.3 Nothing in these Terms limits,
excludes or prejudices the DFSA’s supervisory, investigatory, disciplinary or enforcement jurisdiction, or any right or power of any competent authority under Applicable Law.
26. Severability, waiver and entire agreement
26.1 If any provision of these Terms is held invalid, unlawful or unenforceable, that provision shall, to the extent required, be severed and the remaining provisions shall continue in full force and effect.

26.2 No failure or delay by WELF
in exercising any right or remedy shall operate as a waiver of that right or remedy.

26.3 These Terms, together with any referenced Privacy Notice and Cookie Notice,
constitute the entire agreement between you and WELF in relation to your use of the Website, but do not replace or amend any existing Engagement Documents or other contract between WELF and a Client. In the event of inconsistency, the Engagement Documents prevail.
27. Language and accessibility
27.1 These Terms are prepared in English. If they are translated into any other language, the English version shall prevail to the fullest extent permitted by law.

27.2 WELF may, upon reasonable request,
consider providing this legal page or related notices in an accessible or alternative format where practicable.
28. Contact
28.1 General information concerning WELF is available at www.welf.com.

28.2 Requests concerning Services, onboarding or business contact may be submitted through WELF’s official contact channels listed on the Website.

28.3 Privacy-related enquiries shall be directed in accordance with the applicable Privacy Notice.