PLEASE READ THIS IMPORTANT INFORMATION BEFORE PROCEEDING FURTHER.
1. About the Site
The Site, www.arisaig.com, is a website operated by AP Asia. AP Asia is registered in Singapore and has its registered office at 6 Lorong Telok #02-01, Singapore 049019. AP Asia is licensed by the Monetary Authority of Singapore (the “MAS”) pursuant to the Securities and Futures Act (Cap. 289) of Singapore.
When using this Site, you are responsible for complying with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on the Site in certain jurisdictions and we disclaim all responsibility if you download any information from the Site in breach of any law or regulation of the jurisdiction in which you reside or, if different, in which you download such information.
2. Investment Information
The information contained on this Site is provided for general information and, is not an offer to sell, or a solicitation of any offer to buy, any security, investment, or financial service or product.
Opinions expressed on this Site are our opinions only and reflect our views only at the time at which such opinions were expressed. Our opinions reflect our views at such time regarding market conditions and other factors, may depend upon assumptions or projections that may not prove to be correct, and are subject to change.
Nothing contained on the Site is intended to constitute investment, legal, tax or accounting advice. You should consult with your own professional advisors for advice on any investment, legal, tax, or accounting issues relating to matters discussed on this Site.
The information contained on this Site is subject to change without notice. For example, the terms of any security, investment, or financial product or service may be changed without notice.
The distribution of the information contained on the Site in certain jurisdictions may be restricted by law and persons who access it are required to inform themselves and to comply with such restrictions. In addition, this Site and its contents have not been prepared for and are not intended for access by the public in the United States. It is your responsibility to be aware of, to obtain all relevant regulatory approvals, licences, verifications and/or registrations under, and to observe all applicable laws and regulations of any relevant jurisdiction in connection with your entrance to this Site.
3. Risk Factors
Our investment and financial products and services involve substantial risks. You should carefully consider these risks before investing in or purchasing any financial product or service. In particular, you should carefully review and consider all risk disclosures that are provided for any investment or financial products and services. You should evaluate these risks with your professional advisers.
Our services and products, including investment funds managed or sponsored by an Arisaig Group Entity (the “Arisaig Funds“), are available only to those persons who are financially sophisticated, are capable of evaluating the risks and merits of investing in any such products, can bear the economic risk of an investment in such products for an indefinite period, and can afford the loss of their entire investment. The funds referred to in this Site are not authorised or recognisedby the MAS for sale to the public in Singapore.
By making available information on the Site, Arisaig does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
4. Compliance with Certain Restrictions Relating to the Arisaig Funds
The Arisaig Group Entities and the Arisaig Funds may be subject to restrictions under the law of jurisdictions in which any Arisaig Group Entity seeks to provide offering materials, subscription documents and other documents relating to an Arisaig Fund, to make offers to sell shares of an Arisaig Fund, or to solicit offers to buy shares of an Arisaig Fund. As a result, the information on this Site is not intended to be available to any person in any jurisdiction where access to or use of such information would be contrary to law or regulation or which would subject any Arisaig Group Entity or any Arisaig Fund to any registration requirement within such jurisdiction (such persons, “Prohibited Persons“).
The information on this Site is intended to be available only to persons other than Prohibited Persons. Prohibited Persons should not access, act upon or rely on any such information.
EEA: A number of the Arisaig Funds are non-EU AIFs, as defined in Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (“AIFMD”). The relevant Arisaig Group Entity which is the Alternative Investment Fund Manager (“AIFM”) of such Arisaig Funds is established outside the EU and, as such, is a non-EU AIFM for the purposes of AIFMD.
The content of this Site may only be made available in each member state of the European Economic Area (“EEA Member State”) to the extent that the relevant Arisaig Fund is permitted to be marketed to a professional investor as defined by AIFMD (“Professional Investor”) in the relevant EEA Member State in accordance with AIFMD or may otherwise be lawfully distributed to a Professional Investor in the relevant EEA Member State at the initiative of the investor. Persons who are not Professional Investors should not rely or act on the contents of this site.
United States: The content of this Site is not directed at or intended for persons, individuals or entities that are US persons as defined by Regulation S of the United States Securities Act of 1933 (the “Securities Act“), as amended (“US Persons“) and no securities or services are being offered in the United States or to US Persons.
Neither AP Asia nor Arisaig Partners (Mauritius) Ltd holds itself out as an investment adviser in the United States and does not offer its services to the general public in the United States. The content of this Site is only intended for the account of a US Person who is a qualified purchaser as defined in the United States Investment Company Act of 1940, as amended (a “Qualified Purchaser“) and an accredited investor as defined under the Securities Act (an “Accredited Investor“).
Switzerland: The Arisaig Funds have not been registered with the Swiss Financial Market Supervisory Authority and the shares in such Arisaig Funds cannot be distributed in Switzerland to non-qualified investors. Any distribution of the shares in Switzerland may only be made to qualified investors as defined in the Swiss Federal Act on Collective Investment Schemes (“CISA“) and its implementing ordinance (“Qualified Investors”). The content of this Site may only be made available in Switzerland to Qualified Investors.
In accordance with CISA, the Arisaig Funds have appointed the Representative and Paying Agent in Switzerland identified below. The place of performance and jurisdiction for shares in the Arisaig Funds distributed in Switzerland is the registered office of the Representative.
The Representative is:
ARM Swiss Representatives SA
Route du Cité-Ouest 2,
Swiss Qualified Investors may obtain free of charge from the Representative the Arisaig Funds’ legal documentation as well as any marketing material.
The Paying Agent is:
Banque Cantonale de Genève
17, quai de l’Ile,
Swiss Qualified Investors may request that subscription and redemption proceeds and any distributions be paid through the Paying Agent.
5. Your use of the Site
- for any unlawful, improper or illegal purpose or activity;
- to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
- in a manner intended to threaten, harass, or intimidate;
- to violate any Arisaig Group entity’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
- to damage Arisaig Group entity’s name or reputation or that of an Arisaig Group entity’s affiliated company or any third parties;
- to penetrate Arisaig Group entity’s security measures or other entities’ systems (“hacking”);
- to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items;
- to use this Site in any manner that could create impression of affiliation, sponsorship, or endorsement of Arisaig Group;
- to post or transmit information that is defamatory, fraudulent or deceptive; and/or
- to transmit confidential or proprietary information, except solely at your own risk.
6. Our Liability for Your Use of the Site
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw, restrict or amend the terms of access to the Site without notice. We do not accept any liability if, for any reason, the Site is unavailable at any time or for any period.
Although we seek to assure that the information on this Site is accurate and complete at the time of publication, this Site may contain errors or inaccuracies and no representation or warranty (including implied warranties of merchantability and fitness for a particular purpose), expressed or implied, is made (or accepted) as to its accuracy, completeness, reliability or fitness for any purpose by Arisaig Group or any affiliates or third party providers. The information on this Site is provided “as is”. Under no circumstances, including negligence, will Arisaig Group or any of its affiliates or third party providers be liable for any direct, indirect, incidental, special or consequential loss or damages of any kind arising out of or in connection with access to, reliance on or use of the information on this Site. This paragraph does not limit rights available to you under the laws of your jurisdiction and other rights that may not be waived by contract.
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
This Site may include forward looking statements, including projections of future economic and financial conditions. We do not make any representation, warranty, guaranty or other assurance that any of these forward looking statements will prove to be accurate.
This Site may contain or be linked to other third-party websites as a convenience for visitors. Arisaig Group has no control over such other websites, the contents therein or the products/services offered. Arisaig Group makes no representations or guarantees as to the accuracy, subject matter, timeliness or quality of information on any linked sites and assumes no liability for the content or presentation of such linked sites. Arisaig Group has not and will not review or update information on any linked sites and cautions that any use made of such information is at your own risk.
The internet is not a completely reliable transmission medium and neither we nor any of our affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliates. Any such transmission of information is entirely at your own risk.
Nothing in these terms of and conditions shall exclude or restrict any duty or liability that we may have to any client under a given regulatory system.
7. Intellectual Property Rights
Unless otherwise expressly noted, all information on this Site are the sole property of AP Asia, which holds and reserves all copyrights, trademarks, service marks, trade names, trade dress and other rights in the same. No material on this Site may be copied, reproduced, republished, uploaded, posted, linked into, transmitted (by electronic means or otherwise), or distributed or used in any way without AP Asia’s written permission. Nothing on the Site should be construed as granting any licence or right in relation to any of our copyrights, trademarks, service marks, trade names, trade dress and other rights.
You must not transmit any virus, “worm”, “Trojan horse”, or other item of a destructive nature to the Site and it is your responsibility to ensure that whatever you download or select for your use from the Site is free from such items.
9. Law and Variation
The Site is established in Singapore by AP Asia in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of Singapore. A condition of using the Site is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the Singapore 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.
10. Acceptance of Terms
By accessing the Site beyond this point you represent, warrant and confirm that:
- You are not a Prohibited Person;
- You are an Accredited Investor within the meaning of the Securities and Futures Act (Cap 289) of Singapore;
- If you are in the EEA, you are a Professional Investor;
- If you are in Switzerland, you are a Qualified Investor;
- If you are in the United States of America, you are a Qualified Purchaser and an Accredited Investor; and
- You are not otherwise subject to any restriction prohibiting access to this Site imposed by the laws and regulations of your jurisdiction.
If you are unsure about the meaning of any information provided, please consult your financial or other professional adviser.
If you have any enquiries in relation to our site or the information on it, please contact firstname.lastname@example.org.