TERMS OF USE
Please read these terms (“Terms of Use”) before using the Solax Capital’s (the “Firm”) website (the “Site”). Your access to the Site is subject to them and all applicable laws and regulations. By using the Site, you accept all of these Terms of Use. If you do not so accept them, you should exit the Site immediately.
PERSONAL AND NON-COMMERCIAL USE
The Site is for your personal and non-commercial use. The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your compliance with these Terms of Use. You may not modify, copy (except as described below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without the Firm’s prior written permission. You may print one hardcopy of the information and download one temporary copy into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.
You may not use the Site for advertising or commercial solicitation. You also may not use any robot, spider, scraper or other automated means to access the Site for any purpose without the Firm’s prior written permission. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The Firm’s funds are not offered through the Site. An offer of any such fund may be made only after you have received the fund’s Confidential Offering Circular or Private Offering Memorandum and have had the opportunity to discuss all matters concerning any prospective investment that you desire. The Site does not provide all information material to an investor’s decision to invest in any fund, including risk factors.
The information on the Site is intended to enable investors to understand the Firm’s financial services. It is not investment, legal or tax advice or an offer to sell securities or a solicitation of any offer to purchase securities. The information in the Site is not an endorsement, recommendation or sponsorship of any company or security. There are risks in relying on, using or retrieving any information on the Site. You should understand these risks before relying on, using or retrieving such information, evaluate such information, and seek professional advice to evaluate any opinion, advice, product, service or other information. The Firm is not liable for any action you take or decision you make in reliance on any information on the Site.
The Firm’s services are designed to integrate with the services provided by investors’ other financial, legal and tax advisers, not to replace their services.
You acknowledge that any requests for information are unsolicited and any information provided is not investment advice by the Firm or the formation of an investment advisory or any other client relationship. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may invest or otherwise hold an interest in companies or securities discussed on the Site.
PAST PERFORMANCE NOT COMPARABLE
The performance information (if any) presented in the Site reflects the reinvestment of dividends and other earnings, and net figures reflect the deduction of expenses, management fees and incentive fees and allocations.
The Firm believes that the performance (if any) shown in the Site was generated with an investment philosophy and methodology similar to that described in the funds’ Confidential Offering Circulars and Private Offering Memoranda, and that it would expect to use in the future. Future investments, however, will be made under different economic conditions and in different securities and may use different investment strategies than were used during the times discussed herein. Furthermore, such performance reflects investment of limited funds for a limited period and does not reflect performance in different market cycles. Any entities advised by the Firm may not experience returns, if any, comparable to those described herein. Past performance does not indicate future returns. The performance results have not been compiled, reviewed or audited by an independent accountant. Results for the current year are based on the internal books and records of each fund and are subject to adjustment when that fund’s financial statements for the current year are audited.
The Firm believes that the comparison of each fund’s performance to any single market index is inappropriate. These indices are provided only as examples of general market performance. Unlike these indices, a fund’s portfolio may contain options (including covered and uncovered puts and calls) and other derivative securities, includes short sales of securities, margin trading and securities of different capitalization companies than those reflected in these indices, and is not as diversified as these indices. Due to the differences between the composition of a fund’s portfolio and these indices, no such index is directly comparable to any fund.
Future recommendations that the Firm makes may not equal the performance of the securities listed on the Site or even be profitable at all. The securities so listed do not represent all of the securities the Firm has purchased or sold for its clients. On request, the Firm will furnish a list of all such securities within the last year.
DISCLAIMERS AND LIMITATION OF LIABILITY
The information, software and services on the Site may include inaccuracies or typographical errors. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness and correct sequencing of such information, software and services or the results obtained from their use are not guaranteed by the Firm or any persons creating or transmitting such information, software and services.
The Firm or its suppliers may make improvements or changes to the Site at any time without notice. The Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons.
The Firm or its suppliers make no representations about the suitability of the information, software, products and services on the Site for any purpose. All such information, software, products and services are provided “as is” without warranty of any kind. The Firm or its suppliers disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. Because some jurisdictions do not allow the exclusion of implied warranties, this exclusion may not apply to you.
You use the Site at your own risk. You are responsible for any damage to your computer system, loss of data or any other damage or loss that results from the download of any content from the Site. The Firm and its suppliers are not liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, connected with or relating to the use of or access to the Site or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if the Firm or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
The Firm and any person creating or transmitting information on the Site are not liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. If you are dissatisfied with the information, products or services offered at the Site or with the terms and conditions of these terms of use, your sole and exclusive remedy is to discontinue use of and access to the Site.
OWNERSHIP
The Site and its content, including all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the Firm’s property and are protected by copyright laws, with all rights reserved. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you may not use any of the Firm’s copyrighted material or trademarks for any purpose, including use as metatags, links or otherwise on any website, without the Firm’s prior written permission.
REFERENCES TO PUBLICATIONS AND COMPANIES
References to any publication or any other company in the Site are for reference and information only and do not suggest that any of such companies endorse, recommend or approve of the Firm’s services, analysis or recommendations or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Firm.
LINKS TO OTHER WEBSITES
The Site may contain hyperlinks to websites operated by parties other than the Firm that the Firm may not have screened or reviewed and that may contain inaccurate, inappropriate or offensive material, products or services. The Firm does not control such websites and is bit responsible or liable for the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION, MONITORING AND TERMINATION
The Firm may monitor use of, change, modify, add or remove portions of these Terms of Use at any time without notice. You should check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Site after we change the Terms of Use, you accept the changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site. Notwithstanding the foregoing, no change to these Terms of Use will apply to any dispute between you and the Firm that arose before the date of such change. These Terms of Use may not be modified orally. The Firm may modify or terminate the Site and terminate your access without notice at any time for any reason.
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Site or any product or service related thereto, or any of your other acts or omissions.
JURISDICTION AND APPLICABLE LAW
These Terms of Use are governed by the laws of Australia, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in Sydney, New South Wales, Australia, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Firm as a result of these Terms of Use or use of the Site.
The Firm’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Firm’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Firm with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, as they may be amended by the Firm from time to time and (d) all of the information that you provide is truthful, accurate and complete. A printed version of these Terms of Use and any notice given electronically shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in print.
These Terms of Use are the entire agreement between you and the Firm regarding the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Firm with respect to the Site.
When you click any “I Agree” or “I Consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement is legally binding and enforceable and a legal equivalent of your handwritten signature.