Growing Wealth by Avoiding Fragility

Terms of Use

 

1. About this website

This website (the “Site”) is issued by Emmoni Capital Limited (“Emmoni”, “we”, “us”), a company incorporated in Ireland with registered number 737410 and registered office at Block 3, Harcourt Centre, Harcourt Terrace, Dublin D02 A339. Emmoni is registered with the Central Bank of Ireland as an alternative investment fund manager pursuant to Regulation 4 of the European Union (Alternative Investment Fund Managers) Regulations 2013 (registration number 509758). As a registered (sub-threshold) AIFM, Emmoni is not authorised by the Central Bank of Ireland and is subject to a limited regulatory regime.

By accessing this Site you accept and agree to be bound by these Terms of Use. If you do not agree to them, you must not use the Site.

 

2. Information only — no offer

The Site is provided for general information purposes only. Nothing on the Site constitutes, or should be construed as, an offer to sell or a solicitation of an offer to buy any security, investment or fund, an offer to provide investment services, or a recommendation as to the suitability of any fund or service for any person. None of the funds or services referred to on the Site are available for sale or use in any jurisdiction where such offering or use is prohibited.

Any application to invest in a fund referred to on the Site may be made only on the basis of, and in accordance with, the offering documents of that fund, which alone contain the terms of any offering.

 

3. Who may use this Site

The Site is intended exclusively for persons who are eligible to receive information about the funds described on it, namely:

In the United States: persons who are “Accredited Investors” as defined in Rule 501(a) of Regulation D under the U.S. Securities Act of 1933, as amended, and who are also “Qualified Purchasers” as defined in Section 2(a)(51) of the U.S. Investment Company Act of 1940, as amended.

In Ireland: persons who are “Professional Clients” within the meaning of Annex II of Directive 2014/65/EU (MiFID II) [counsel to confirm whether an additional or alternative investor category — e.g. “Qualifying Investor” as defined in the Central Bank of Ireland’s AIF Rulebook — applies to the fund’s offering].

If you do not fall within one of these categories, or if you are located in any other jurisdiction, the Site is not directed at you and you should not access it or rely on any information contained on it.

4. Risk warnings

An investment in any fund described on the Site involves significant risks and is suitable only for sophisticated investors who can bear the loss of their entire investment. The specific risks applicable to each fund are set out in that fund’s offering documents, which you should read in full before investing. In general, you should be aware that:

  • Past performance is not a reliable indicator of future performance.
  • The value of investments, and any income from them, may fall as well as rise and is not guaranteed. You may get back less than you invest.
  • Changes in exchange rates may adversely affect the value, price or income of investments.
  • Investments in the funds are illiquid and there is no secondary market for interests in them.

5. No advice

Nothing on the Site constitutes investment, legal, tax or other advice, and no information on the Site should be relied upon in making any investment decision. You should obtain your own independent professional advice before making any investment decision.

 

6. No warranty; availability

While we make reasonable efforts to keep the content of the Site up to date, we give no guarantee, representation or warranty, express or implied, that the content is accurate, complete or current.

We do not guarantee that the Site, or any part of it, will be available or uninterrupted. We may suspend, withdraw, restrict or change all or any part of the Site at any time without notice, and we accept no liability arising from any such change or unavailability.

 

7. Acceptable use; security

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your own technology to access the Site and should use appropriate virus protection software.

You must not misuse the Site, including by knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material, by attempting to gain unauthorised access to the Site or any connected server or database, or by attacking the Site via a denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and will co-operate with them, including by disclosing your identity where required.

 

8. Third-party websites

The Site may contain links to websites operated by third parties. These links are provided for your convenience only and do not imply any endorsement by Emmoni of those websites or their content. We have no control over, and accept no responsibility for, third-party websites, and you use them at your own risk.

 

9. Liability

To the fullest extent permitted by law, we accept no liability for any loss or damage, however caused (including through negligence), arising from your use of, or reliance on any information contained on, the Site, or from any inability to access the Site.

The internet is not a fully secure medium of communication. We are not responsible for failures in the means of communication you use to access the Site or to exchange information with us, and any transmission of information to or from the Site is at your own risk.

Nothing in these Terms of Use excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

 

10. Privacy and cookies

Personal data submitted to us through the Site is processed in accordance with our [Privacy Policy]. Please be aware that information we hold about you may be disclosed to any regulatory authority to which Emmoni is subject, or to any person legally empowered to require it.

The Site uses cookies. Strictly necessary cookies (for example, those that remember your jurisdiction selection and acceptance of these terms) are set automatically. Analytics cookies, including those used by Google Analytics, are set only with your consent, which you may give, refuse or withdraw at any time via the cookie banner or our [Cookie Declaration] page. Details of the cookies we use, their purposes and their durations are set out in the Cookie Declaration.

 

11. Intellectual property

Emmoni owns or licenses all intellectual property rights in the Site and in the material published on it. All such rights are reserved. You may print one copy, and download extracts, of any page of the Site for your personal use. You must not otherwise modify, copy, reproduce, republish or redistribute any material from the Site without our prior written consent.

 

12. Changes to these terms

We may amend these Terms of Use at any time by updating this page. Please check this page from time to time, as the terms in force at the time you use the Site will apply to that use.

 

13. Governing law

These Terms of Use, their subject matter and formation, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction over any dispute arising in connection with them.