RISENWAYS - RISK DISCLOSURE STATEMENT
1. INTRODUCTION
1.1 This Risk Disclosure Statement
(“Disclosure”) is issued by RisenWays, an International
Business Company incorporated under the laws of Saint
Lucia (the “Company”, “we”, “us”, or “our”).
1.2 This Disclosure is provided to inform
users (“Users”, or “you”) of the material risks associated
with:
1.2.1 participation in investment fund
and portfolio services;
1.2.2 engagement with the Company’s
affiliate and referral programme; and
1.2.3 use of any financial,
technological, or educational services made available
through the Company’s platform (the “Platform”).
1.3 This Disclosure does not purport to
disclose or explain all risks associated with the
foregoing activities. You are solely responsible for
conducting your own due diligence and obtaining
independent professional advice where appropriate.
1.4 By accessing or using the Platform,
you represent and warrant that you have read, understood,
and accepted this Disclosure in its entirety.
2. GENERAL RISK WARNING
2.1 Participation in financial or
investment-related activities through the Platform
involves a substantial degree of risk. Accordingly, there
can be no assurance that any investment objective will be
achieved, and Users should be aware that losses may be
incurred, including, in certain circumstances, the loss of
the entire capital invested.
2.2 The Company does not guarantee or
assure any specific return, yield, or performance outcome.
Any statements regarding potential returns are
illustrative in nature and shall not be relied upon as
representations or promises of future performance.
2.3 Past performance, if disclosed, is
not a reliable indicator of future results.
2.4 You must not commit funds that you
cannot afford to lose without materially affecting your
financial condition.
3. INVESTMENT-RELATED RISKS
3.1 Without prejudice to the generality
of Clause 2, Users acknowledge that investment-related
risks may arise from a combination of foreseeable and
unforeseeable factors, many of which are beyond the
Company’s control.
3.2 Market Risk: The
value of investments may fluctuate, sometimes rapidly and
unpredictably, due to changes in market conditions,
economic indicators, geopolitical developments, regulatory
actions, or other external factors beyond the Company’s
control.
3.3
Liquidity Risk: Certain investment
positions may be illiquid or subject to restrictions,
which may delay or prevent timely withdrawal or
liquidation.
3.4
Strategy and Execution Risk: Although the
Company may employ particular investment strategies or
methodologies, there is no assurance that such strategies
will achieve their intended objectives or mitigate losses.
3.5
Concentration Risk: Investments
concentrated in specific asset classes, sectors, or
geographies may be exposed to heightened volatility and
loss.
3.6
Operational Risk: Losses may arise from
failures in internal processes, systems, human error, or
reliance on third-party service providers.
3.7
Counterparty Risk: Transactions or
investments involving third parties may expose Users to
the risk that such counterparties fail to perform their
obligations.
3.8
Currency and Exchange Rate Risk: Where
investments, transactions, or account balances are
denominated in a currency different from the User’s base
or local currency, fluctuations in foreign exchange rates
may adversely affect the value of such investments or
returns.
3.8.1 Movements in currency exchange
rates may result in losses independent of the
performance of the underlying investment.
3.8.2 The Company does not guarantee or
control exchange rates applied to deposits, withdrawals,
or conversions, which may be subject to third-party
providers and applicable fees.
4. LEVERAGE AND AMPLIFICATION OF LOSSES
4.1 Where the Company’s investment
strategies involve leverage, structured products, or
indirect exposure mechanisms, even minor adverse movements
in underlying markets may result in disproportionately
large losses.
4.2 In such circumstances, Users may
experience rapid depletion of capital and, in certain
cases, complete loss of invested funds.
5. REGULATORY AND JURISDICTIONAL RISK
5.1 The Company is incorporated as an
International Business Company under the laws of Saint
Lucia and operates on a cross-border basis. The services
made available through the Platform may not be registered,
licensed, authorised, or regulated in the jurisdiction in
which you are resident, and may therefore not benefit from
the protections afforded by local regulatory authorities.
5.2 You are solely responsible for
determining whether your access to and use of the Platform
is lawful in your jurisdiction and for complying with all
applicable laws, regulations, and requirements, including,
without limitation:
5.2.1 securities and investment laws;
5.2.2 foreign exchange and capital
control laws;
5.2.3 taxation laws; and
5.2.4 financial promotion and marketing
regulations.
5.3 Without limiting the foregoing, Users
acknowledge that regulatory frameworks may include, where
applicable, the requirements of the Financial Action Task
Force (FATF) relating to anti-money laundering and
counter-terrorist financing (AML/CFT), the General Data
Protection Regulation (GDPR) in the European Union, and
other analogous laws in their respective jurisdictions.
5.4 The Company does not represent that
the Platform is appropriate, lawful, or available for use
in all jurisdictions and does not solicit Users in any
jurisdiction where such solicitation would be unlawful.
6. AFFILIATE AND COMMISSION-BASED EARNINGS RISK
6.1 Participation in the Company’s
affiliate programme is entirely performance-based and
dependent on multiple variables, including referral
activity, user engagement, and platform conditions.
6.2 The Company does not guarantee any
level of income, revenue, or commission to any User.
6.3 Any breach of applicable law,
regulatory requirements, or the Company’s policies,
including the making of misleading, deceptive, or
unsubstantiated representations, shall entitle the
Company, at its sole and absolute discretion, to suspend
or terminate the User’s account and to withhold, cancel,
or recover any commissions or benefits, without prejudice
to any other rights or remedies available at law or in
equity.
7. TECHNOLOGY AND PLATFORM RISKS
7.1 The Platform is provided on an “as
is” and “as available” basis. The Company does not warrant
that the Platform will operate in an uninterrupted,
timely, secure, or error-free manner.
7.2 Users acknowledge that the Platform
may be subject to:
7.2.1 system failures or outages;
7.2.2 latency or delays in execution or
processing;
7.2.3 data transmission errors; or
7.2.4 third-party infrastructure
disruptions.
7.3 To the fullest extent permitted by
applicable law, the Company shall not be liable for any
loss, damage, delay, or disruption arising from or in
connection with any technological, system, or
infrastructure failure, including those attributable to
third-party service providers, internet service providers,
or telecommunications networks.
8. CYBERSECURITY AND ACCOUNT ACCESS RISK
8.1 Users are solely responsible for
maintaining the confidentiality and security of their
login credentials and account access information.
8.2 Risks of unauthorised access include,
but are not limited to, hacking, phishing, malware, or
social engineering attacks.
8.3 The Company shall not be liable for
any loss or damage arising from unauthorised access to a
User’s account, except to the extent that such loss is
directly attributable to the Company’s fraud, wilful
misconduct, or gross negligence.
9. INFORMATION AND COMMUNICATION RISK
9.1 Any information, data, commentary, or
content provided by the Company is made available on a
general basis only and does not take into account the
User’s individual objectives, financial situation, or
particular needs, and must not be relied upon as a
substitute for independent professional advice.
9.2 The Company does not warrant the
accuracy, completeness, or timeliness of any information
provided.
9.3 Users acknowledge that delays,
failures, or inaccuracies in communication systems may
occur.
10. FORCE MAJEURE
10.1 The Company shall not be liable for
any failure or delay in performance arising from events
beyond its reasonable control, including but not limited
to natural disasters, war, civil unrest, governmental
actions, infrastructure failures, widespread technological
disruptions, failure of telecommunications or internet
services, or third-party infrastructure (“Force Majeure
Events”).
10.2 Users accept that such events may
adversely affect the operation of the Platform and the
value or accessibility of investments.
11. TAXATION
11.1 Users are solely responsible for
determining, reporting, and fulfilling any tax liabilities
arising from their participation in the Platform.
11.2 The Company does not provide tax
advice and shall not be responsible for any tax
consequences incurred by Users.
12. EDUCATIONAL SERVICES DISCLAIMER
12.1 All educational materials, training
programs, and informational content provided by the
Company are intended solely for general educational
purposes.
12.2 Such content does not constitute
financial advice, investment advice, legal advice, or a
recommendation to engage in any transaction.
13. LIMITATION OF LIABILITY
13.1 To the fullest extent permitted by
applicable law, and except as expressly provided
otherwise, the Company shall not be liable for any loss
arising from or in connection with:
13.1.1 any investment decision made by
the User;
13.1.2 fluctuations in market
conditions;
13.1.3 any indirect, incidental,
consequential, or speculative damages; or
13.1.4 any loss of profit, revenue,
opportunity, or anticipated gains.
13.2 Nothing in this Disclosure shall
operate to exclude or limit liability for:
13.2.1 fraud or fraudulent
misrepresentation;
13.2.2 wilful misconduct or gross
negligence; or
13.2.3 any liability which cannot be
excluded under applicable law.
14. USER ACKNOWLEDGEMENT
14.1 By accessing or using the Platform,
you irrevocably acknowledge and agree that:
14.1.1 you have carefully read and
fully understood this Risk Disclosure Statement;
14.1.2 you are aware of and accept the
risks associated with the services offered;
14.1.3 you are acting independently, at
your own discretion and risk, and not in reliance on any
representation, warranty, or statement other than as
expressly set out in the governing agreements;
14.1.4 you are financially capable of
bearing the loss of your investment; and
14.1.5 you have had the opportunity to
seek independent professional advice prior to
participation.