Terms and Conditions
Welcome to Obsidian Capital Management
Platform Terms & Conditions
1. Acceptance of Terms by Use
By accessing, logging into, or using the Obsidian Capital Management (“OCM”, “the Company”) website or platform, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”), as amended from time to time.
If you do not agree with these Terms, you must immediately cease using the platform.
2. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with:
● the laws of England and Wales, and
● the laws of the Republic of South Africa.
The courts of England and Wales and South Africa shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
3. Eligibility and Client Status
By using the platform, you confirm that:
● You are 18 years of age or older
● You are acting as a self-certified sophisticated or professional investor
● You are not a retail client
● You understand the services are unregulated
● You are legally permitted to access such services in your jurisdiction
You acknowledge that you waive any protections ordinarily afforded to retail investors.
4. Nature of the Service
OCM provides discretionary managed account services only.
OCM does not:
● Provide investment advice to retail clients
● Guarantee performance, returns, income, yield, or capital preservation
All allocation, trading, and execution decisions are made at OCM’s discretion and are subject to market conditions, liquidity, execution risk, counterparty exposure, and operational constraints.
No representation is made that any objective or outcome will be achieved.
5. Platform Disclaimer – Tracking & Information Only
The OCM platform is provided strictly for informational and tracking purposes only.
The platform:
● Is not a bank account, brokerage account, wallet, or custody service
● Does not evidence legal or beneficial ownership of assets
● Does not constitute a statement of account or valuation
● May contain estimates, delays, or inaccuracies
Clients must not rely on the platform as definitive proof of balances, performance, or entitlement.
6. Capital at Risk – No Guarantees
All capital allocated to a managed account with OCM is fully at risk.
You expressly acknowledge that:
● You may lose some or all of your capital
● Past performance is not indicative of future results
● No assurance or guarantee of performance, liquidity, or capital protection is provided
You confirm that any capital allocated represents risk capital which you can afford to lose without financial hardship
Further to which
- Performance under this agreement is subject to market conditions and fluctuations.
- Parties agree to adapt decisions accordingly and won't hold each other liable for market-driven outcomes.
7. Targeted Returns and Performance (Indicative Only)
Any reference to targeted, indicative, or expected returns reflects internal strategy objectives and historical modelling only and does not constitute a guarantee or assurance of performance.
Performance is dependent on prevailing market conditions, macroeconomic events, execution risk, counterparty exposure, liquidity constraints, and other factors outside the Company’s control.
Failure to achieve any targeted or indicative outcome shall not constitute a breach of these Terms or give rise to any claim.
8. Standing Renewal Instruction (Automatic Continuation)
Unless the Client has expressly instructed otherwise in writing, the Client acknowledges and agrees that their managed account shall continue on a rolling basis following the conclusion of each allocation or investment period (the “Standing Renewal Instruction”).
The Client confirms that a Standing Renewal Instruction may be provided verbally, electronically, or in writing, including during recorded telephone or video communications, and that OCM may reasonably rely on such instruction unless and until revoked.
Renewal under a Standing Renewal Instruction:
● Does not guarantee performance, liquidity, or continuity of strategy
● Does not imply identical risk exposure or market conditions
● Remains subject to OCM’s discretion, liquidity position, and risk management policies
The Client may revoke the Standing Renewal Instruction by providing written notice, subject to reasonable notice periods and operational constraints. Revocation does not obligate OCM to accelerate withdrawals or alter liquidity timelines.
Renewal does not reduce or alter the risk that the Client may lose some or all of their capital.
9. Withdrawals and Liquidity
Any reference to withdrawals or liquidity is provided on a best-efforts basis only.
OCM makes no guarantee regarding withdrawal timing or availability and may delay, restrict, or suspend withdrawals due to:
● Market conditions
● Liquidity constraints
● Operational limitations
● Regulatory considerations
● Force majeure events
10. Conditionality of Payouts (If Applicable)
Any payout, allocation, or distribution (if any) is expressly conditional upon:
(i) The performance of the managed account during the relevant period
(ii) The availability of distributable capital as determined by OCM
(iii) Compliance with liquidity, operational, and risk management constraints
Adverse conditions may result in delayed, reduced, or suspended payouts.
11. Discretionary Goodwill Allocations
At its sole and absolute discretion, and subject to available surplus capital, OCM may, but is not obliged to, allocate a discretionary goodwill amount during periods of underperformance or delayed returns.
Any such allocation:
● Is entirely discretionary
● Does not constitute income, yield, interest, or return
● Does not create precedent or entitlement
● May be reduced, suspended, or withdrawn at any time
Failure to make a discretionary allocation shall not constitute a breach of these Terms.
12. Limitation of Liability
To the fullest extent permitted by law, OCM, its directors, officers, employees, and affiliates shall not be liable for any direct or indirect loss, including loss of capital, profit, opportunity, or data, arising from:
● Use of the platform
● Managed account performance
● Reliance on platform or website information
Nothing in these Terms excludes liability for fraud or wilful misconduct where such exclusion would be unlawful.
13. Relationship to Other Agreements (Contract Hierarchy)
These Terms govern platform access and usage only.
Where a Client has entered into a separate written agreement with OCM (including a managed account agreement, subscription agreement, or risk disclosure), such agreement shall prevail in the event of any inconsistency.
Nothing in these Terms shall be construed as varying, replacing, or overriding any executed agreement, except where expressly agreed in writing by the parties.
14. Amendments
OCM reserves the right to amend these Terms at any time. Continued access to or use of the platform following publication of amended Terms constitutes acceptance of those changes.
15. Unregulated Status Disclosure
The services provided by OCM are not regulated by the
Financial Conduct Authority or the
Financial Sector Conduct Authority.
Accordingly:
● The Financial Services Compensation Scheme does not apply
● The Financial Ombudsman Service does not apply
● No statutory investor compensation or protection scheme applies
16. Final Acknowledgement
By accessing or using the OCM platform, you confirm that:
● You understand the risks involved
● You accept full responsibility for your decisions
● You agree to be bound by these Terms
If you do not agree, do not use the platform or services.