This Website is provided by Monoceros Ltd (“Monoceros Ltd”).
By accessing or using this Website, you accept and agree to comply with these Terms and Conditions of Use (“Terms”). These Terms are a binding agreement between you and Monoceros Ltd, 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 Ltd by e-mail at firstname.lastname@example.org with any questions about these Terms.
1. Use of this Website
Monoceros Ltd 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 in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of this Website. Monoceros Ltd 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 not directed at, or intended for use by, any person in any jurisdiction or country where such communication or use would be contrary to local law or regulation.
In the United Kingdom, this Website is directed only at persons who are: (i) investment professionals within the meaning of Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (“FP Order”); (ii) high net worth companies and certain other entities falling within Article 49 of the FP Order; or (iii) any other persons to whom such communication may lawfully be made. It must not be used by, or relied upon, any other persons.
The Website is not intended for the account of U.S. persons (as defined in Regulation S under the United States Securities Act of 1933, as amended (the “Securities Act”)) other than persons who are “qualified purchasers” (as defined in the United States Investment Company Act of 1940, as amended) and/or “accredited investors” (as defined in Rule 501(a) under the Securities Act).
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
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.
Users of this Website should be aware that Monoceros Ltd 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 Ltd 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
Although the Content is believed to be correct and accurate at the time of publication, Monoceros Ltd 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 Ltd 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 Ltd 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 its use, 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 and consequential, including (but without limitation) any indirect, special, indirect or consequential 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 loss of profit, direct loss of anticipated savings, loss of data, indirect loss of profit, indirect loss of anticipated savings, 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.
7. Third Party Websites
Any links to third party websites are provided solely for your convenience and do not constitute any endorsement, sponsorship or approval of the materials appearing in such sites. Monoceros Ltd accepts no responsibility for the content of such third party websites.
We may collect personal information about you through: (i) your completion of registration or subscription forms or as otherwise provided by you through this Website; and (ii) information you provide relating to your transactions with Monoceros Ltd or its clients. We may also collect information about your visits to this Website through use of Internet “cookies” (an information collecting device from a web server) as described further below.
We may use such personal information for the purposes of administering the relationship between us, marketing of products and services, monitoring and analyzing our activities, and complying with any legal or regulatory requirements. We may transfer the personal data we hold about you or individuals associated with you to any country for any of the purposes described above. We may also transfer your personal information to a third party to whom we transfer any of our rights or obligations under any agreement, or who acquires an interest in any of Monoceros Asset Management’s assets, or in connection with a sale of its shares or the merger or consolidation or other transfer of the assets of Monoceros Asset Management, whether voluntarily or by operation of law, to such third party, or who is otherwise deemed to be a successor or transferee. We may disclose any personal information if we are required to, requested by or permitted to do so by a court of law, by any governmental or law enforcement agency, including the police, or in connection with legal proceedings or where required by our website internet service provider. We may also disclose any personal information if we determine it is necessary or desirable to comply with any law or to protect or defend our rights or property.
Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted through this Website. Any transmission of data is at your own risk.
We may send text files (e.g., “cookies” or other cached files) or images to your web browser to store information on your computer. Such text files and images are used for technical convenience to store information on your computer. For instance, we may use a session cookie to store form information that you have entered so that you do not have to enter such information again. We may use information stored in such text files and images to customize your experience on this Website and to monitor use of this Website. You may set your browser to notify you when you receive a cookie. Many web browsers allow you to block or disable cookies. If you do block cookies you may not be able to access certain parts of this Website.
You may have certain rights under applicable data protection laws which may include the right for you to receive a copy of the personal information we hold about you. In addition, you may have a right to request personal data provided on this Website is corrected, blocked or deleted if the data is factually incorrect, incomplete or irrelevant for the purposes described in these terms and conditions.
Monoceros Asset Management's data privacy notice is appended at Appendix 1 and provides information on the Monoceros Asset Management's use of personal data in accordance with the Cayman Islands Data Protection Act and, in respect of EU data subjects, the EU General Data Protection Regulation.
9. Intellectual Property and Copyright
The entire content of this Website is subject to copyright and intellectual property rights of Monoceros Ltd 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 Asset Management.
The names, logos, or identifying marks relating to the products and services of Monoceros Ltd are proprietary trademarks/service marks and may not be used in any way without express prior written consent of Monoceros Asset Management. 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.
10. 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.
11. Law and Jurisdiction
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.