By accessing or using this Website, you accept and agree to comply with these Terms. This Website is operated by Monoceros, Ltd., on behalf of itself, and its subsidiaries and affiliates (together, "Monoceros"). These Terms are a binding agreement between you and Monoceros, and govern your access and use of this Website, which includes any text, graphics, user interfaces, information, data, tools, products, services and other content (collectively, the “Content”) available on or through this Website. You may contact Monoceros by e-mail at email@example.com with any questions about these Terms.
1. Use of this Website
Monoceros grants you a limited right to use this Website. Your right to use this Website is subject to your agreement to abide by these Terms. Monoceros may revoke your right to use all or any portion of this Website at any time in its absolute discretion. You may not violate or attempt to violate the security of this Website.
If for any reason any part of these Terms is deemed to be unenforceable then the validity of the remaining terms shall not be affected. All disclaimers, terms, conditions as set out in this Website shall form part of these Terms.
2. Intended Recipients
This Website is directed at investment professionals and accredited investors as generally outlined in applicable securities laws, not limited to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 the US Securities Act of 1933, as amended.
To use this Website, you need to (a) be 18 years old or older, or be 13 years old or older and have your parent or guardian's consent to these Terms; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your place of residence. If you do not agree to these Terms, you should not access or use the Website.
3. No Offer or Solicitation
This Website is not intended and must not be construed as an offer or solicitation to purchase, or an offer to sell, shares of any fund or another investment product mentioned on this Website (each, an “Investment”) in any jurisdiction.
Any offer of an Investment will only be made on the basis of the prospectus or offering memorandum relating to the relevant Investment. PROSPECTIVE INVESTORS SHOULD REVIEW THE PROSPECTUS OR OFFERING MEMORANDUM, INCLUDING THE RISK FACTORS, BEFORE MAKING A DECISION TO INVEST. Prospective investors should rely only on the prospectus or offering memorandum in making a decision to invest, even if certain descriptions contained on this Website may be more detailed than those contained in the relevant prospectus or offering memorandum. Subscriptions may only be made on the terms of the relevant prospectus or offering memorandum and subject to completion of a subscription agreement. In addition, any Investment or transaction will be subject to applicable legal and regulatory restrictions, including the prospective investor meeting applicable eligibility criteria.
4. Nature of the Content, Forward Looking Statements
The Content is intended only for information purposes and convenient reference and is not intended to be complete. It is not intended to provide, and should not be relied upon, for investment, accounting, legal or tax advice. You should consult your own financial, tax, legal, accounting or other advisors about the issues discussed on this Website. The Content may not be suitable for all investors.
Pricing and other information generated through the use of data or services made available via this Website may not reflect actual or current prices or values. Any reference to a particular investment, security, or other asset is not a recommendation to buy, sell or hold such asset, does not address the suitability of the asset for any particular investor, and should not be relied on as investment advice.
Certain statements on the Website are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions; (ii) performance of financial markets; (iii) interest rate levels; (iv) currency exchange rates; (v) increasing levels of competition; (vi) changes in laws and regulations; and (vii) general competitive factors. Monoceros does not undertake any obligation to correct or update any forward-looking statements on the Website.
Users of this Website should be aware that Monoceros is not acting for, or advising them, and is not responsible for providing them with the protections available under any applicable regulatory system.
5. Certain Risks
Investing entails certain risks, including the possible loss of the entire capital invested. The Investments and services of Monoceros may entail substantial risks and are not suitable for certain investors. An Investment may expose you to a significant risk of losing all of the property or other assets invested. Some, but not all, of these risks will be contained in the relevant prospectus or offering memorandum. Potential investors should familiarize themselves with these risks and obtain advice from their own financial, accounting, legal, tax and other advisors and only make investment decisions based on the investor’s own objectives, experience and resources.
6. Limitations of Liability, Disclaimer of Warranties
Although the Content is believed to be correct and accurate at the time of publication, Monoceros assumes no responsibility or liability for the correctness, accuracy, timeliness or completeness of the Content, for any viruses contained in, or attached to, this Website or for any loss, damage or lost opportunities resulting from the use of the Content. Any analysis contained on this Website is based upon a number of assumptions. Changes in such assumptions could produce materially different results. The Content is not intended to forecast or predict future events. All opinions, projections and estimates constitute the judgment of the author as of the date on which this Website was last updated. Monoceros assumes no duty or responsibility to update this Website, and any views, forecasts, estimates or opinions expressed on this Website may change without notice
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATION, NEITHER MONOCEROS NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY ERRORS, INACCURACIES OR OMISSIONS ON THIS WEBSITE OR FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. THIS LIMITATION OF LIABILITY INCLUDES ANY DAMAGES, LOSSES, COSTS, CLAIMS, LIABILITIES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE ARISING). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES, LOSSES, COSTS, CLAIMS, LIABILITIES AND EXPENSES OF ANY KIND WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING (BUT WITHOUT LIMITATION) ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OF, USE OF, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER SITES FROM THE WEBSITE, LEGAL COSTS OR EXPENSES, DIRECT OR INDIRECT LOSS OF PROFIT, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DIRECT OR INDIRECT LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE OF MONEY, LOSS OF OPPORTUNITY OR LOSS OF OR DAMAGE TO PROPERTY AND/OR ANY WASTED EXPENDITURE AND THIRD PARTY CLAIMS.
EXCEPT AS PROHIBITED OR LIMITED BY LAW, YOUR USE OF THE WEBSITE, ANY CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. ALL INFORMATION PRESENTED THROUGH THE WEBSITE IS FURNISHED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, MONOCEROS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THEREIN WILL BE ACCURATE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
You agree to release, defend, indemnify, and hold harmless Monoceros from and against all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. You agree to cooperate fully with Monoceros in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
8. Third Party Websites
9. Data Protection
We may collect and process personal information about you, as described in our Privacy Notice.
Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted through this Website or that such transmissions will be free from delay, interruption, interception, or error. We cannot guarantee or warrant that any part of the Website, including files available for download, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions to protect your computer hardware and software, and any transmission of data is at your own risk.
Certain portions of the Website may be protected by passwords or other credentials that are necessary to access your account or related documents. You are responsible for maintaining the confidentiality of your account information and credentials. Further, you are fully responsible for all activities (including any transactions entered into) under your account that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If your account details or credentials are lost or stolen, or you become aware of any suspicious or unauthorized conduct, you agree to contact Monoceros immediately.
10. Intellectual Property and Copyright
The entire content of this Website, including but not limited to all text, graphics, images, software applications, video, audio and design, is subject to copyright and intellectual property rights of Monoceros with all rights reserved. The Content may not be redistributed in whole or in part, stored in a retrieval system, modified, linked into, republished, uploaded, transmitted in any form or by any means electronic or mechanical, or by photocopying, recording or otherwise without the express prior written permission of Monoceros.
The names, logos, or identifying marks relating to the products and services of Monoceros are proprietary trademarks/service marks and may not be used in any way without express prior written consent of Monoceros. If you download or print out a hard copy of individual pages and/or sections of the Website, you may not remove any copyright or other proprietary notices.
11. Amendments to these Terms
We may update and modify these Terms from time to time. Such modifications shall be effective immediately upon posting to this Website. You should review this page from time to time to take notice of any modifications we make.
12. Law and Jurisdiction
We operate the Website in and in accordance with the laws of the Cayman Islands, and other applicable laws. We do not represent that the Website is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Accessing the Website is at your own initiative and you are responsible for compliance with any applicable local law.
These Terms and any and all disputes or claims arising out of or in connection with them (whether contractual or non-contractual) shall be governed by and shall be construed in accordance with the law of the Cayman Islands. All disputes arising out of or in connection with these Terms (whether contractual or non-contractual) shall be subject to the jurisdiction of the Cayman courts. A condition of using this Website is that in the event of any dispute or proceeding you irrevocably submit to the jurisdiction of the Cayman courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.