Terms & Conditions

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 hello@monoceros.com 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.

8. Data Protection and Use of Cookies

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.

Cayman Islands Data Privacy Notice

Monoceros Ltd (the "Company") is incorporated under the laws of the Cayman Islands. The purpose of this document is to provide you with information on each Company's use of your personal data in accordance with the Cayman Islands Data Protection Act and, in respect of EU data subjects, the EU General Data Protection Regulation (together, the "Data Protection Legislation").

If you are an individual, this will affect you directly. If you are an entity that provides us with personal data on individuals connected to you for any reason, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.

Your personal data will be processed by the relevant Company and by persons engaged by the relevant Company.  Under the Data Protection Legislation, you have rights and each Company has obligations with respect to your personal data.  The purpose of this notice is to explain how and why each Company, and persons engaged by each Company, will use, store, share and otherwise process your personal data. This notice also sets out your rights under the Data Protection Legislation and how you may exercise them. 

Your personal data

By virtue of you providing us with personal information regarding yourself or individuals connected with you (for example directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), you will provide us with certain personal information which constitutes personal data within the meaning of the Data Protection Legislation. 

In particular, you will provide us with personal information within the forms and any associated documentation that you complete; when you provide it to us or our service providers in correspondence and conversations (including by email); when you make transactions; and when you provide remittance instructions.

We may also obtain personal data on you from other public accessible directories and sources. These may include: websites; bankruptcy registers; tax authorities; governmental agencies and departments, and regulatory authorities, to whom we have regulatory obligations; credit reference agencies; sanctions screening databases; and fraud prevention and detection agencies and organisations, including law enforcement.

This includes information relating to you and/or any individuals connected with you such as: name, residential address, email address, contact details, corporate contact information, signature, nationality, place of birth, date of birth, tax identification, credit history, correspondence records, passport number, bank account details, and source of funds details.

How the Companies may use your personal data

The Company, as a data controller, may collect, store and use your personal data for purposes including the following.

The processing is necessary for the performance of a contract, including:

  • facilitating the continuation or termination of the contractual relationship between you and a Company; and
  • facilitating the transfer of funds, and administering and facilitating any other transaction, between you and the Company.

The processing is necessary for compliance with applicable legal or regulatory obligations, including:

  • undertaking due diligence including anti-money laundering and counter-terrorist financing checks, including verifying the identity and addresses of our customers (and, where applicable, their beneficial owners);
  • sanctions screening and complying with applicable sanctions and embargo legislation;
  • complying with requests from regulatory, governmental, tax and law enforcement authorities;
  • surveillance and investigation activities;
  • carrying out audit checks, and instructing our auditors;
  • maintaining statutory registers; and
  • preventing and detecting fraud.

In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, including:

  • complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
  • assessing and processing requests you make;
  • sending updates, information and notices or otherwise corresponding with you;
  • investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
  • providing you with, and informing you about products and services;
  • managing our risk and operations; 
  • complying with audit requirements;
  • ensuring internal compliance with our policies and procedures;
  • protecting the Company against fraud, breach of confidence or theft of proprietary materials;
  • seeking professional advice, including legal advice;
  • facilitating business asset transactions involving the Company or related entities;
  • monitoring communications to/from us (where permitted by law); and
  • protecting the security and integrity of our IT systems.

We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.

The Company continues to be a data controller even though it may engage affiliates and third parties to perform certain activities on its behalf. 

Sharing your personal data 

We may share your personal data with our affiliates and delegates. In certain circumstances we may be legally obliged to share your personal data and other financial information with relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.

Each Company’s affiliates and delegates may process your personal data on the relevant Company's behalf, including with our banks, accountants, auditors and lawyers which may be data controllers in their own right.  The Company's service providers are generally processors acting on the instructions of the relevant Company. Additionally, a service provider may use your personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter-terrorist financing or where mandated by a court order or regulatory sanction). The service provider, in respect of this specific use of personal data, acts as a data controller. 

In exceptional circumstances, we will share your personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory. 

Sending your personal data internationally 

Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf. 

Retention and deletion of your personal data

We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us. We will generally retain your personal data throughout the lifecycle of your relationship with us. Some personal data will be retained after your relationship with us ends.  We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.

Automated decision-making

We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the Data Protection Legislation. 

Your rights 

You have certain data protection rights, including the right to:

  • be informed about the purposes for which your personal data are processed;
  • access your personal data;
  • stop direct marketing;
  • restrict the processing of your personal data;
  • have incomplete or inaccurate personal data corrected;
  • ask us to stop processing your personal data; 
  • be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you);
  • complain to the Data Protection Ombudsman; and
  • require us to delete your personal data in some limited circumstances.

Contact us 

We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us if you have any questions about this notice or the personal data we hold about you. Our contact details are: hello@monoceros.com . Please mark your communication "Data Protection Enquiry".