These Terms of Use were last updated April3, 2019.
• “Agreement” means the agreement on these Terms of Use between WealthicsGlobal Partners Ltd (Wealthics) with a Qualified Investor or an Investment Manager governing the use of Wealthics;
• “Fund” means a hedge fund, private equity fund or other collective investment vehicle managed by a Manager;
• “Fund Documents” means documents relating to the organization, marketing, performance and/or activities of the Fund;
• “Fund Profile” means a page located within Wealthics which allows the Manager to upload and edit Information and to upload Fund Documents;
• “Wealthics” means all or any of WealthicsGlobal Partners Ltd,its subsidiaries and their respective directors, officers, employees, contractors and consultants;
• “Wealthics Platform” and the “Service” means Wealthics’s platform and service which is accessible through “www.Wealthics.com”, which contains Fund Profiles, is password protected and is only accessible for the use of Wealthics by Qualified Investors and Asset/Investment Managers;
• “Information” means (i)information provided by the Manager about the Fund and the Manager including information contained in Fund Documents, and (ii) information provided by the Investor about its investment discovery, execution, and monitoring;
• “Qualified Investor” means persons who have represented to Wealthics during their Registration (and based on the presented regulatory articles) that they meet respective local accreditation requirements and are (i) in the case of Swiss persons, a “qualified investors” within the meaning of Article 10 CISA with domicile/registered seat in Switzerland, (ii) in the case of persons from the European Union, a “professional investor” or a “qualified investor”, (iii) in the case of U.S. persons, an “accredited investor” or a “qualified purchaser”; or (iv) in the case of persons not falling under (i), (ii) or (iii) above, professional or other sophisticated investors or prospective investors to whom Fund base may lawfully provide its services according to local regulations;
• “Registration” means the process by which a Qualified Investor or a Manager applies to become a User of Wealthics; and
• “User” means the individual described as such during Registration who has been granted access to Wealthics and is the Qualified Investor’s or Manager’s duly appointed representative
The Wealthics Platform and the Service are only available to Business Entities and Authorized Users (each, as defined below) who are (1) Qualified Investors, (2) Managers and their service providers, or (3) who are consultants, investment advisers or other agents acting solely on behalf of Qualified Investors or to the extent permitted under applicable laws. It is your responsibility to be aware of the applicable laws and regulations of your country of residence. Funds and Managers are not offering any investment service or product by means of the Service but may provide information through the Wealthics Platform for information purposes to investors and prospective investors. The information contained on this website should not be construed as financial or investment advice on any subject matter. Wealthics does not warrant the accuracy of the information provide d on the platform or in any linked site, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Under no circumstances shall the Manager represent to others that a Fund has been endorsed, approved, or recommended by Wealthics (or words of similar effect).
________________________________________
BY CLICKING ON THE “ACCEPT” BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOU CONFIRM THAT YOU (AND ANYONE ON WHOSE BEHALF YOU MAY BE ACTING) ARE A QUALIFIED INVESTOR AND THAT YOU ARE ABLE TO USE THE SERVICES AND RECEIVE THE CONTENT UNDER APPLICABLE LAW OR, IF YOU ARE A CONSULTANT, INVESTMENT ADVISER OR OTHER AGENT, THAT YOU ACT ONLY ON BEHALF OF SUCH PERSONS OR ON BEHALF OF FUNDS AND MANAGERS AND THAT YOU ARE ABLE TO USE THE SERVICES IN YOUR CAPACITY AS AGENT AND RECEIVE THE CONTENT UNDER APPLICABLE LAW. SUCH ACCEPTANCE IS ON YOUR BEHALF AND ON BEHALF OF ANY ENTITY THAT EMPLOYS YOU AND/OR THAT YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SERVICE. IN THESE TERMS OF USE, “YOU” INCLUDES YOU INDIVIDUALLY, AND EACH ENTITY THAT YOU REPRESENT, INCLUDING EACH MANAGER AND EACH BUSINESS ENTITY. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND/OR DO NOT OTHERWISE HAVE PERMISSION TO USE THE SERVICE DIRECTLY OR ON BEHALF OF THE ENTITY THAT YOU REPRESENT, YOU SHOULD NOT CLICK THE “ACCEPT” BUTTON AND IMMEDIATELY EXIT THE SERVICE.
________________________________________
Business Entities
The Service is available to firms that register to use the Services as investor firms and have confirmed a separate Letter of Authorization with Wealthics (each such firm, an “Investor” ) and investment management firms that have entered into a separate Non Disclosure Agreement and a Letter of Authorization with Wealthics (each such firm, a “Manager” ). As used herein, Investors and Managers are referred to collectively, as “Business Entities” . The Service access is based on individual Business Entity Accounts (each an “Account” ), for which a Business Entity creates individual end users (each a User) with specific roles and privileges. Subject to the terms and conditions of these Terms of Use, Wealthics grants Business Entity a non-exclusive, non-sub licensable, terminable, revocable, non-transferable license to access the Service to access, view and to use, manipulate and share the Information, but only in connection with (i) the evaluation of a possible investment in the Funds, (ii) the monitoring of investments in Funds on an ongoing basis and (iii) in the case of Managers, monitoring of Investors, provided that Content may be shared directly and indirectly only with service providers, investment adviser or other agent, and persons eligible to receive the Content under applicable law and nothing herein shall permit the access, use, manipulation or sharing of Content in violation of the permissions granted to such Business Entity or the use, manipulation or sharing of Third-Party Content in a manner that conflicts with the legends or restrictions appearing on such Content.
Authorized Users
The Service is available to “Authorized Users” (each acting as a User) who have been (i) authorized by a Business Entity to use the Service as a representative of Business Entity; (ii) previously authorized by a Business Entity to use the Service as a representative of Business Entity but upon the termination of such Authorized User’s employment or consulting relationship with Business Entity has been authorized by a different Business Entity to use the Service as its representative. Each Account consists at least of one administrator (each such User, an “Administrator” ) which is (i) the initial User of an account, or (ii) is later defined as administrator by the initially defined administrator; and an infinite set of additional Authorized Users with individual roles and privileges. In any case, each User is acting on behalf of the Business Entity owning an Account (based on defined privileges by the Administrator).
Access Rights and Permissions
Administrators have the ability to establish certain access rights and permissions for the Authorized Users who will be permitted to access and use the Service on their behalf. If you are using the Service as an Authorized User of a Business Entity, you agree that you shall not attempt to access any Content, Information and/or Service features other than those to which you have been granted access by the Business Entity that you represent. Furthermore, if you are using the Service as an Authorized User of a Business Entity, you acknowledge and agree that upon the termination or your employment relationship or consulting agreement with such Business Entity, any specific permissions and/or access rights granted by such Business Entity shall terminate. Each Business Entity and Authorized User agrees not to access, use, manipulate or share Content in violation of the permissions granted to such Business Entity and/or, as applicable, Authorized User, and not to use, manipulate or share Third-Party Content in a manner that conflicts with the legends or restrictions appearing on such Content.
User Access
Once Wealthics obtains confirmation of the User’s identity and authority, it will issue to the User a user ID and password (alternatively a User can link a user ID to other established and secure user accounts such as LinkedIn) to access Wealthics. The user ID and password are confidential and the User may not disclose them to any third person. Any kind of sharing of a User with more than one identity within the same or across Business Entities is strictly forbidden. The Business Entity bears sole responsibility for all use of Wealthics which has been accessed with such login ID and password (or alternatively by using his LinkedIn profile), and it shall notify Wealthics immediately if it becomes aware of any unauthorized use involving the user ID or password. For technical purposes (such as system integrations and interfaces) Wealthics may provide a separate user type ( “Technical User” ) with individual access rights and permissions
Your Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party or contain any libelous, defamatory or unlawful material. Specifically, you expressly acknowledge and agree that you will not submit information that would be a violation of your employer’s policies, nor will you submit information that violates any agreements to which you are subject (including, without limitation, any confidentiality agreements), insider trading regulations, SEC regulations and all other applicable laws, rules and regulations.
Any User or Business Entity that purchases any services that Wealthics offers for a fee, either on a one-time or subscription basis ( “Premium Accounts and Add-ons” ), agrees to Wealthics storing their payment card information. They also agree to pay the applicable fees for the Premium Accounts and Add-ons (including, without limitation, periodic fees for Premium Accounts and Add-ons) as they become due plus all related taxes, and to reimburse Wealthics for all collection costs and interest for any overdue amounts. Their obligation to pay fees continues through the end of the subscription period during which they cancel their subscription. Account Administrators may cancel their Premium Accounts and Add-ons by contacting Wealthics atinfo@wealthics.com. Wealthics does not offer refunds on any fees and charges related to Premium Accounts and Add-ons – including partially used periods. They also acknowledge that Wealthicss’s Premium Accounts and Add-ons are subject to this Agreement and any additional terms related to the provision of the Premium Accounts and Add-ons.
The Service contains Content owned or licensed by Wealthics (the “Wealthics Content” ). Through the Service, Wealthics also provides access to certain content that was uploaded or otherwise provided by its users and/or third party providers, including but not limited to the participating Managers (all such content, collectively, the “Third Party Content” ). For the purposes of this Agreement, Wealthics Content and Third Party Content are referred to collectively, as “Content”. Wealthics does not endorse or approve the Third Party Content and makes all Content available to you only as a service and convenience. The Content has been prepared without reference to any particular person’s investment requirements or financial situation. Wealthics and its third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of any of the Content or warrant any results from your use or reliance on the Content. The Content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Wealthics nor the third party providers are obligated to update any information or opinions contained in any of the Content. Wealthics may discontinue offering any Content on the Service at any time without notice.
Forward Looking Statements
Certain information on, or made available through the Service may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward- looking statements. Neither Wealthics nor any providers of Third Party Content undertake any obligation to update or revise any forward-looking statements.
Past Performance
All performance data or comments expressed on, or made available through the Service are an indication of past performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Third Party Links
Although the Service may contain links to third party sites, Wealthics is not responsible for the content or privacy policies employed by any linked sites. Wealthics provides these links as a convenience and does not endorse the companies or contents of any linked sites. Wealthics bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein
Third Party Licenser and Disclaimers
Through the Service, Wealthics also provides access to Third Party Content, including databases and data provider that require separate license agreements (all such providers, collectively, the “Third Party Licensers” ) to make their data available on Wealthics. Each Third Party Licenser may request to accept additional terms and conditions. Additional disclaimers may become part of these Terms of Use if required by a Third Party Licenser or Wealthics.
Copyright
The Service and all Content are protected by intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content (except that you (or the Business Entity you represent) may have rights to Third Party Content that you (or the Business Entity you represent) have posted), and you will not use, copy or display the Content except as permitted under these Terms of Use. No other use of the Service or the Content (other than Third Party Content that you (or the Business Entity you represent) have posted) is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose unless expressly authorized by any applicable permission. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited except to the extent expressly authorized by permissions. If you violate any part of these Terms of Use, your right to access and/or use the Content and Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content (other than Third Party Content in or to which you have express legal rights).
Trademarks
The trademarks, service marks, and logos of Wealthics (the “Wealthics Trademarks” ) used and displayed on the Service are registered and unregistered trademarks or service marks of Wealthics. Other company, product, and service names displayed on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” , and, collectively with the Wealthics Trademarks, the “Trademarks” ). Nothing in the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed in the Service without the prior written consent of the applicable Trademark owner specific for each such use (which may be granted by any applicable permissions). The Trademarks may not be used to disparage Wealthics or the applicable third-party, Wealthics and/or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Wealthics approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Wealthics Trademark shall inure to Wealthics’s benefit.
Claims of Copyright Infringement
If you believe in good faith that materials made available through the Service infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by competent authorities. Notices and counter notices with respect to the Service should be sent to Wealthics at:
• By Mail: WealthicsGlobal Partners Ltd
• By Email:mailto:info@wealthics.com
Feedback
By providing us with feedback, suggestions and/or comments about the Service and/or posting views, commentary or other information about the Funds on the Service (collectively, the “Feedback” ), you acknowledge that you also give to us, without charge, a worldwide, perpetual, royalty-free, non-exclusive right and license to use, share and commercialize your Feedback in any way and for any purpose on the Service. You expressly acknowledge and agree that you will not give Feedback that is subject to a license that requires us to license its software or documentation to third parties because we include your Feedback in them.
Disclaimer of Warranties
Wealthics, its affiliates, their respective officers, employees, agents, suppliers, or licensors (collectively, the “Wealthics Parties” ) make no warranties or representations about the service and/or the content, including but not limited to its accuracy, reliability, completeness, timeliness or reliability. The Wealthics Parties shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK. The Wealthics Parties do not warrant that the service will operate error free or that the service, its server, or the content are free of computer viruses or similar contamination or destructive features. If your use of the service or the content result in the need for servicing or replacing equipment or data, no Wealthics Party shall be responsible for those costs.
Service Access and Availability
If the Service was not available for any period or any time, Wealthics shall not be liable. Wealthics give no warranties as to the accessibility, performance or availability of the Service. Temporary suspension of access to the Service or service interruption may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. Wealthics reserves the right to suspend the operation of the Service and/or any part thereof. You agree that neither Wealthics nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Service.
No Recommendations or Advice Provided
Wealthics does not make recommendations or offer investment advice or offer investment products of any kind. Wealthics assumes no responsibility for the Content and/or any Third Party Content. Although Wealthics may provide Content and make available other Third Party Content through the Service, you should not construe any such information as advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any such information and the making of any investments. Investments are subject to risk and investors may lose money. You acknowledge and agree that any investment decisions you make as a result of using the Service are made entirely at your election and that the Service and its Content and Third Party Content are solely additional sources of information that you may or may not elect to use in making those determinations.
Limitations
In no event shall any Wealthics Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the service and/or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such company party has been advised of the possibility of such damages. Without limiting the generality of the foregoing, you specifically acknowledge that none of the Wealthics Parties will be held liable for any investment losses or gains arising out of and/or resulting from the service (including the Content and Third Party Content)
Acknowledgment
You acknowledge and agree that Wealthics has offered its services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth in these Terms of Use, that the warranty disclaimer and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Wealthics, and that the warranty disclaimer and the limitations of liability set forth herein form an essential basis of the bargain between you and Wealthics. WEALTHICS WOULD NOT BE ABLE TO PROVIDE THE SERVICE, SERVICES AND PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
State law limitations/
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that Wealthics, in its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) that an Authorized User may have with Wealthics or any Authorized User’s use of the Service. Each Authorized User and, except as may otherwise be expressly agreed with a Business Entity, each Business Entity agrees that any termination of your access to the Service or any Account you (or your Authorized Users) may have or portion thereof may be effected without prior notice, and you agree that Wealthics will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Wealthics may have at law or in equity.
Notice
Wealthics may provide you with notices, including those regarding changes to Wealthics’s terms and conditions, by email, regular mail or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Wealthics is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given 30 days following the initial posting.
Privacy
Wealthics recognizes and respects the importance of protecting the privacy of all information provided by users. Wealthics collects and stores information about its users, as described in our Privacy Policy.
Eligibility
Without limiting the foregoing, the Service is not available where it is illegal to use, and Wealthics reserves the right to refuse and/or cancel the provision of the Service to anyone at its own discretion. Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Service. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms of Use are contingent on your compliance with this provision.
Waiver
The failure of Wealthics to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Wealthics.
Governing Law and Jurisdiction
These Terms of Use are governed by the laws of England & Wales
Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wealthics without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void
Survival
Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
© 2019 Wealthics. All rights reserved.
This website is strictly for the use of professional wealth management intermediaries such as Family Offices, Fund of Funds, Financial Advisors and Wealth Managers. All material on this website has been prepared for informational purposes only and is NOT INTENDED TO AND SHALL NOT IN ANY WAY CONSTITUTE AN INVITATION, OFFER OR SOLICITATION to invest in any investment-related products. The information contained in this website DOES NOT CONSTITUTE INVESTMENT ADVICE. Potential investors should note that investments can involve significant risks and your initial capital is at risk. No assurance can be given that the investment objective of any investment products will be achieved. Any reference to any specific company, financial product or asset class in whatever way does not constitute a recommendation on the suitability of that as to as investment for any individual or entity.
This website is not directed to any person in any jurisdiction that prohibits the publication or availability of this website or where such publication or availability would subject Wealthics Global Partners Ltd to any registration requirement within such jurisdiction. It is your responsibility to be aware of and to observe all the applicable laws and regulations of your jurisdiction. You should consult your professional adviser(s) as to whether you require any governmental or other consents or need to observe any formalities to enable you to access the information. Please do not view the remaining pages of this website if the publication or availability of this website is in any way prohibited in your jurisdiction. If you are in any doubt, please seek further advice before viewing this site. By proceeding to view the contents of this website, we assume you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information.
While all the reasonable steps have been taken in preparing the material on this website, no warranty whatsoever is given and no responsibility or liability is accepted for any loss arising directly or indirectly in connection with or as a result of any person acting on any information, opinion or statement expressed in the same. The information is not guaranteed as to the accuracy, nor is it a complete statement of the financial products or markets referred to. Opinions expressed are subject to change without notice.
The website also contains links that lead to other websites. These links are provided solely for your convenience and do not constitute any endorsement, sponsorship or approval of the material in such sites or any such related information on those websites that is beyond our control.
Any potential investors to any investments mentioned referred to or linked to, on this website, should read the relevant offering documents carefully for further details including the risk factors before any investment decision is made. Prospective investors should consult their own professional advisers, stockbrokers, lawyers, accountants, tax consultants, bank managers or any other professional advisers they consider necessary before making an investment.
Any use of this website and reliance on the information herein are entirely at your own risks. In no event shall Wealthics Global Partners Ltd, or any of its subsidiaries or affiliates, and their respective officers, directors, employees, representatives, agents, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons be liable for any loss, damage or injury to any data, income, goodwill, property or third parties, whether it be direct, indirect, special, punitive, exemplary, consequential or incidental, caused by or arising out of or in relation to (i) the use of access of this website and the information therein or (ii) any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation, computer virus or other destructive items.
You hereby acknowledge that you have read the Terms of Access for the restrictive part of this website and to fully consent to the Terms of Access as well as the terms and conditions of use of the Website.