Effective 8 March 2017
The Firm is an Australian-licensed and U.S. SEC-registered investment adviser. The Firm may only transact business or render personalized investment advice in those jurisdictions where the Firm is registered, has filed notice or is otherwise excluded or exempted from notice or registration requirements. The purpose of the Site is for information only. Any communications with prospective investors residing in jurisdictions where the Firm and its investment adviser representatives (if any) are not registered or licensed shall be limited so as to not trigger registration or licensing requirements. Nothing on the Site should be construed as investment advice, which can be provided only in one-on- one communications.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may not use the Site to advertise or perform any commercial solicitation. You also may not use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of the Firm. 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 funds advised by the Firm are not offered through the Site. An offer regarding 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 such fund, including, but not limited to, risk factors. For more information, please refer to a fund’s Confidential Offering Circular or Private Offering Memorandum and read it carefully before you invest. The information on the Site is intended to enable investors to understand the nature of the Firm’s financial advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Site should not be construed as any endorsement, recommendation or sponsorship of any company or security by the Firm. There are inherent risks in relying on, using or retrieving any information found on the Site, and the Firm urges you to make sure you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. You agree that 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 to you or constitute the formation of an investment advisory relationship, or any other client relationship. We strongly recommend that you seek outside advice from a qualified securities professional. 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 that may be discussed on the Site.
PAST PERFORMANCE IS 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, 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 be made using different investment strategies than were used during the times discussed herein. Furthermore, the performance discussed herein reflects investment of limited funds for a limited period and does not reflect performance in different economic or market cycles. Any fund 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 for comparative purposes, but only as examples of general market performance. Unlike these indices, each fund’s portfolio may contain options (including covered and uncovered puts and calls) and other derivative securities, may include 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, the Firm cautions potential investors that no such index is directly comparable to any fund.
As a condition to your use of the Site, you represent and warrant to, and agree with the Firm that, all of the information that you provide is truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
The information, software and services published 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 and 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 and/or its suppliers may make improvements and/or changes in the content and operation of 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 and/or its suppliers make no representations about the suitability of the information, software, products and services contained on the Site for any purpose. All such information, software, products and services are provided “as is” without warranty of any kind. The Firm and/or its respective suppliers hereby 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, the above exclusion may not apply to you.
Your use of the Site is at your own risk. You are solely 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. In no event shall the Firm and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to the Site or with the delay or inability to use this website, or for any information, software, products or services obtained through this website, 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 states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
OWNERSHIP OF CONTENT
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm 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 THIRD PARTY 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 assumes no responsibility or liability with regard to 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 AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
The Firm may modify or terminate the Site and terminate your access without notice at any time and for any reason.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices. You agree that when you click on any “I Agree” or “I Consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement shall be legally binding and enforceable and a legal equivalent of your handwritten signature.