TERMS OF USE OF THE WEBSITE
INTRODUCTION
- The terms of use hereunder (“Terms of Use”) are addressed to any person (collectively referred to as “you” or “your”) that may access, or may have accessed, to any data or information (each and/or collectively, as applicable, hereinafter referred to as “Information”) presented on this website (“Website”).
The Information is released by Absolute Global Investment Fund B.V., in respect of itself and/or any of its affiliated investment companies, as applicable (“Originator”).
- The Terms of Use contain important statements that govern access to and use of the Information, as well as any external information to which the Information may refer. By continuing to use the Website, you confirm that:
(i) you have fully read, understood, and accepted the Terms of Use;
(ii) you are permitted to access the Website and view the Information in accordance with all applicable laws and regulations applicable to you, including those of your home country;
(iii) you acknowledge that the Originator accepts only eligible investors in accordance with relevant offering terms and conditions; and
(iv) you represent and warrant that, if you intend to subscribe for shares in the Originator, there is no violation of any regulatory requirements that may restrict your eligibility to invest in the Originator.
OWNERSHIP OF THE INFORMATION
- The Website describes or features certain investment structures, services, or other data related to the business of the Originator. Any Information is the property of the Originator. Accordingly, no part of it may be reproduced or transmitted without the prior written consent of the Originator.
- The Originator reserves the right to unilaterally amend or cancel the Information including the Terms of Use at any time and without notice.
ACCURACY AND UPDATE OF INFORMATION
Any Information:
(a) is provided as of the date it is posted and may be changed at any time without notice;
(b) may no longer be accurate or complete when accessed by you, as the Originator does not undertake any obligation to update such information;
(c) may be based on data and information obtained from third-party sources; and
(d) has not been, and will not be, reviewed or approved by any governmental authority in any jurisdiction.
INVESTMENT RISK AND FORWARD-LOOKING STATEMENTS
Any Information may include projections or other forward-looking statements regarding future events or financial performance. These statements are only predictions, opinions, or estimates made on a general basis, and actual results may differ significantly. Any Information relating to future prospects may not be realized; and any Information relating to past performance may not be indicative of future results.
NO ADVICE
Any Information is provided for informational purposes only, with no obligation or liability on the part of the Originator. Any person who relies on such information does so entirely at their own risk. No information shall constitute investment, tax, legal, or any other form of advice. Before making any investment decision, you are strongly encouraged to seek independent legal, tax, and financial advice.
NO OFFER OR SOLICITATION
- Nothing on this website should be construed as an offer or solicitation of an offer to: (a) purchase, transfer, subscribe to or sell units in the Originator, other financial products mentioned on the Website and/or any investment; or (b) to engage in any other transaction. Furthermore, the information and services offered and described on this Website are not intended for distribution to any person or entity in any jurisdiction where such distribution would be contrary to applicable local laws or regulations or would subject the Originator to any registration requirements in such jurisdiction.
- By continuing in the Website, you confirm that (i) you have approached the Originator on an unsolicited basis and (ii) that any further access to this Website or separate approach to the Originator is at your initiative; (iii) the Originator’s staff may be invited to contact you to explain relevant products, services and requirements.
III. You should be aware you may not enjoy certain investor protections provided under the laws of your country of nationality, domicile or residence. It is your responsibility to inform yourself of the applicable laws and regulations and to ensure that your access and use of Information do not contravene any restrictions and to observe all applicable laws and regulations of any relevant jurisdiction.
RESTRICTION ON ACCESS
- Access to this Website is not permitted to any person in any jurisdiction (by way of domicile, residence, nationality, or otherwise) where the disclosure of or access to the Information would result in a violation of any applicable law or regulation. Persons or entities, in respect of whom such prohibitions apply, must not access or use this website.
- The Originator does not aim at accepting any contact or relation with any person – either corporate or individual – that is citizen, domiciled and/or resident of the United States of America or is organized, incorporated and/or registered under the laws of the United States of America (“USA Person”). The Website is reserved exclusively for persons that are not USA Persons and should not be accessed by any USA Person.
NO LIABILITY
Any obligations or liabilities by the Originator are subject to agreement as set out thereunder. In no event shall the Originator be liable to any person for any losses or damages of whatever kind or nature arising out of any access to and use of the Information. By continuing in the Website, you agree to hold harmless the Originator from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use of the Information.
CONTACTS
If you have any queries, please contact the Originator at the contact details below:
Contact@AbsoluteGlobalFund.com
GOVERNING LAW AND JURISDICTION
Any dispute arising from the use of the Website is subject to the laws of the jurisdiction where the Originator is registered and domiciled. The courts of the sale jurisdiction shall have exclusive jurisdiction to hear any claims in connection with the same dispute.
MISCELLANEA
- If any provision hereunder, or any part thereof, is held to be illegal, invalid, void, or unenforceable under applicable law, that provision or part shall be deemed not to form part of the Terms of Use. The legality, validity, and enforceability of the remaining provisions shall not be affected.
- Words used in the Terms of Use, where the context permits, shall be deemed to include the plural or singular as appropriate.
III. No information, whether oral or written, obtained by you through or from any Information or from any contact or exchange with the Originator’s staff, agents or consultants shall affect the validity or enforceability of this Terms of Use.