TERMS AND CONDITIONS OF ACCESS TO THE WEBSITE
Nature of the information provided in this website
The information contained in this website is provided by Prima Capital Fund Ltd (the “Fund”). All details published on this website are for informational purposes only. The information that is accessible via this website does not constitute advertising, a quotation, or a recommendation or an offer to sell or a solicitation to acquire shares of the Fund (the “Shares”).
Restriction of access
This website contains information concerning the Fund whose Shares are not available in any jurisdiction to retail investors and cannot be publicly offered outside of the British Virgin Islands. The Shares can only be offered on a private placement basis to sophisticated investors, who have sufficient knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of investing in this type of alternative investment fund.
Furthermore, the Shares may not be acquired directly or indirectly for the account or benefit of a United States Person (“U.S. Person”) or Prohibited Person (as these terms are defined below). Transfers of Shares to or for the benefit of a U.S. Person or a Prohibited Person are prohibited.
“U.S. Person” means:
• a “United States person” as described in section 7701(a)(30) of the U.S. Internal Revenue Code of 1986, as amended (the “Code”),
• a “U.S. person” as such term is defined in Regulation S of the Securities Act of 1933, as amended,
• a person that is “in the United States” as defined in Rule 202(a)(30)-1 under the U.S. Investment Advisers Act of 1940, as amended, or
• a person that does not qualify as a “Non-United States Person” as such term is defined in U.S. Commodities Futures Trading Commission Rule 4.7.
“Prohibited Person” means:
Any person, firm, company or other entity whose holding of shares may either alone or together with other shareholdings in the sole and conclusive opinion of the Directors of the Fund :
• prejudice the tax status or residence of the Fund, or any of its members; or
• cause the Fund or any of its members to suffer any pecuniary, fiscal or regulatory disadvantage; or
• cause the Fund to be required to comply with any registration or filing requirements in any jurisdiction with which it would not otherwise be required to comply.
By accepting the present Terms and Conditions of access, you hereby confirm that:
• You have the knowledge, experience and the financial resources allowing you to be considered, pursuant to the laws and regulations applicable in your jurisdiction of domicile, as a sophisticated investor authorized to access information pertaining to an alternative investment fund incorporated under the laws of the British Virgin Islands whose shares are only available to sophisticated investors;
• You are not a U.S. Person as these terms are defined above;
• You are not a Prohibited Person as these terms are defined above.
An investment in the Fund should be made only after careful study of the most recent Information Memorandum and the basic legal information contained therein. The Information Memorandum and/or the Annual Report are available on request from the Administrator and Transfer Agent of the Fund or, in Switzerland, from the Swiss Representative.
This is your sole responsibility for assessing whether an investment in the Fund is suitable or appropriate in respect of your personal situation. No advice is provided by the Fund, its directors, agents and representatives. As a result, each prospective investor interested in investing in the Fund shall make its assessment based on his/her own resources and independent financial advice. This website shall not be used as a basis for investment decisions.
The future performance of an investment cannot be deduced from previous value since the investment may fall as well as rise. In addition, investments in foreign currencies are subject to exchange rate fluctuations. Thus, the investor may not get back the amount invested.
Exclusion of warranty and liability
All information contained in this website is provided without any warranty. While the Fund, its directors, agents and representatives have made every effort to ensure that the information on this website is accurate at the time of publication, they do not provide any guarantee for the accuracy, completeness, reliability, or availability of the website and the information provided therein, or that said information is provided in due time, or that the website does not contain viruses or errors. The information provided does not constitute a guarantee as to the availability of specific services and/or specific products. In no event may the Fund, its directors, agents and representatives be held liable for losses or damages, whether direct, indirect, foreseeable or unforeseeable, incurred or suffered by any user of this website and/or of the information provided therein.
Neither the Fund, nor any of its directors, agents or representatives are obliged to update the information on the website on a regular basis. The information provided on the website may change without prior notice.
Information provided by third parties and linked sites
This website may refer, by hyperlinks or other means, to information provided by third parties. Any third-party content or links to third-party websites provided on the website serve informational purposes only. The Fund, its directors, agents and representatives assume no responsibility or warranty whatsoever for the contents of third-party websites.
Neither the Fund, nor any of its directors, agents or representatives have reviewed any of the websites which link to the present website, and are not responsible for the content of off-site pages or any other websites linked or linking to this website. Following links to any off-site pages or other websites shall be made under your own responsibility.
reviewed any of the websites which link to the present site, and are not responsible for the content of off-site pages or any other websites linked or linking to the site. Following links to any off-site pages or other websites shall be made under your own responsibility.
This website is not a secure medium for electronic communications. Any confidential, proprietary or sensitive information transmitted by a user by means of this website may be read and/or copied by unauthorized persons.
The entire content of this website is subject to copyright with all rights reserved.
Without the prior written consent of the Fund, this website or any part thereof may not be copied, transmitted (by electronic means or otherwise), modified, linked into or used for public or commercial purposes. Any unauthorized use thereof may lead to claims for damages and injunctive relief.