Access to this Portal and the use of information on it is subject to these Terms and Conditions of Use. You should carefully read these Terms and Conditions of Use. By proceeding further, you will be deemed to have accepted them.
The information appearing on this Portal is provided in accordance with and subject to the laws of the Cayman Islands and the laws of the Cayman Islands govern the conduct and operation of this Portal.
The courts of the Cayman Islands have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions of Use, the information contained on this Portal, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of the Cayman Islands.
Care has been taken by the HedgeServ Group in the preparation of the information contained on this Portal. However, we do not make any representations or warranties as to the accuracy, completeness, timeliness, fitness for a particular purpose of the information contained on this Portal. Any information whether or not is classified as "real time" may have stopped being current by the time it reaches you.
The information contained on this Portal, including but not limited to designs, logos, text, graphics, information architecture, coding, documents and information and intellectual property rights (together, the "content"), is, unless otherwise specifically stated, the property of HedgeServ and is protected by copyright.
Unless specified otherwise, all copyright or other intellectual property rights in or arising out of the content of this Portal are owned by HedgeServ. Any use or copying of any such content owned by HedgeServ is prohibited unless HedgeServ has given its prior written consent.
However, you may read the contents and make copies for your own personal use. You may also download/print documents and information from this Portal so long as any copies you make are complete, unaltered and are properly attributed to HedgeServ.
If you wish to use the information for any other purpose, you must obtain our prior written consent. You are prohibited from redistributing content uploaded by HedgeServ where there is deemed to be no legitimate need.
You should not rely on any information contained on the Portal, either generally or in relation to a specific issue or decision, without taking financial, investment or other advice from an appropriately qualified professional adviser.
The information on this Portal is not intended to be provided to and should not be used in any state or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this Portal or otherwise. If you have any doubts about the legality of your using this Portal, you should not continue any further.
The information contained on this Portal is not intended to nor does it constitute an offer or solicitation of investment or financial services by us or any of us. This Portal is provided to you as an investor or prospective investor in a fund serviced by the HedgeServ Group; use of this Portal does not of itself create a direct contractual relationship between you and the HedgeServ Group.
The contents of this Portal, including these Terms and Conditions of Use, any changes to features offered on the Portal (including changes to or cancellations of existing features and the introduction of new features), any information contained on this Portal and our Privacy Policy are subject to change and to being updated without notice from time to time. The Portal may be unavailable for a period of time every Saturday for maintenance.
No third party is permitted to create a link from another Portal to this Portal without our prior written consent.
Please note that HedgeServ cannot guarantee the privacy or confidentiality of information relating to you that passes over the Internet.
In accessing this Portal and in accessing any of the information available on or via this Portal, you are deemed by these Terms and Conditions of Use to accept that Internet communication may not be free from interference by third parties and may not remain confidential.
You should not divulge personal information including your name, username, password or any other account information over the internet unless you are using a secure or encrypted communications technology.
You are required to notify HedgeServ immediately if (i) there has been unauthorized use or access of your account on this Portal, or you have reasonable grounds to suspect any unauthorized use or access, (ii) you or any associated person or contact is no longer authorized by you to access your information published on this Portal.
In order to access this Portal you will be required to use integrated multifactor authentication.
HedgeServ reserves the right to restrict, revoke or amend your access without prior notification.
In all circumstances the use by you of this Portal is at your sole risk.
The HedgeServ Group will use your personal data in the manner set out in its Privacy Policy.
However, in the event of a conflict between the Privacy Policy and these Terms and Conditions of Use, the Terms and Conditions of Use shall prevail.
No member of the HedgeServ Group (or any other person involved with the provision and maintenance of this Portal) takes any responsibility for the accuracy of the information provided on this Portal (including, without limitation, any links to third-party websites). Use of such information is at the user's sole risk.
No member of the HedgeServ Group accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this Portal, including but not limited to any connected electronic mail messaging (e-mail) and Internet communication that may arise from, in the course of or pursuant to such use; and/or
(ii) reliance on the information contained in this Portal, whether:
(a) downloaded or not;
(b) authorised or not.
HedgeServ makes no representation or warranty or undertaking of any kind in relation to the information contained on this Portal or the reliability completeness, timeliness, merchantability, fitness for a particular purpose or accuracy of such information.
Users of this Portal should note that this inclusion of any information contained on this Portal that relates to an investment fund or investment vehicle should be considered in the context of the separate terms and conditions issued or provided by the respective investment fund or vehicle which should be carefully read.
HedgeServ accepts no responsibility whatsoever for terms and conditions issued or provided by the respective investment fund or vehicle, any and these Terms and Conditions of Use shall prevail.
In using the Portal, you agree, acknowledge and covenant (as applicable) that:
(i) you will provide true, accurate, current and complete information through this Portal at all times;
(ii) you have full right, power and authority to use this Portal and that your acceptance of and agreement to these Terms and Conditions and the Privacy Policy does not violate any laws applicable to you;
(iii) electronic submission of any transaction documents (including, without limitation, subscription or redemption documents) through this Portal does not constitute a valid or enforceable transaction until HedgeServ has confirmed written acceptance on behalf of the fund;
(iv) if your access to this Portal has been terminated (either voluntarily or compulsorily by HedgeServ), you must destroy all copies of content related to or obtained from this Portal, to the maximum extent permitted by applicable law;
(v) unless otherwise agreed in writing, HedgeServ's communication with you in connection with your use of this Portal shall be through e-mail at all times and it is your responsibility to notify HedgeServ in respect of any updates to your relevant contact details; and
(vi) with respect to any electronic signatures submitted by you on this Portal:
(a) the means of creating your electronic signature is linked to you and no other person;
(b) at the time of signing, the means of creating your electronic signature will be solely under your control and not under the control of any other person; and
(c) any person relying on your electronic signature (including, without limitation, the HedgeServ Group) (i) shall be entitled to assume the reliability of your electronic signature in accordance with sections 12(vi)(a) to 12(vi)(c) above and (ii) shall not be required to take further steps to verify the authenticity or reliability of your electronic signature.
These Terms and Conditions of Use shall also apply, subject to alteration as necessary, to attempted access of the Portal and attempted use of information on it.
In the event that any provision in these Terms and Conditions of Use is held to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the laws of the Cayman Islands.
Clause headings in these Terms and Conditions of Use are for reference purposes only and shall not be used to construe or determine the meaning of any or all of these Terms and Conditions of Use.
IMPORTANT INFORMATION
The HedgeServ Group reserves the right to suspend or withdraw access to the webpages without notice at any time and accepts no responsibility for these webpages not being available at all times.
No member of the HedgeServ Group (or any other person involved with the provision and maintenance of this web site) provides any warranty as to the freedom of this site from errors, defects, viruses or other forms of harmful or malicious programs, components or macros.
The information contained on this Portal is, unless otherwise specifically stated, the property of HedgeServ. The information and material contained on these webpages is for personal use only and may not be copied, printed, published, transmitted, amended or reproduced in any form whatsoever without the prior consent of HedgeServ.
HedgeServ grants personal users permission (a licence) to
All intellectual property rights associated with the webpages and their contents are reserved to HedgeServ and its licensors.
This Important Information shall also apply, subject to alterations as necessary, to attempted access of the webpages and attempted use of information on them.
Definitions
In these Terms and Conditions of Use, the following terms shall have the meanings indicated:
"Terms and Conditions of Use" - means the terms and conditions of use of this Portal set out below;
"HedgeServ" - means HedgeServ (Cayman) Ltd;
"HedgeServ Group" means HedgeServ (Cayman) Ltd and affiliates;
"Portal" means this Portal, being a Portal accessible at or via www.hiportal.hedgeserv.com;
"Privacy Policy" means our statement of practice as regards the privacy and security of your information when accessing and/or using this Portal and any of the features on it (you can read a copy of the Privacy Policy by clicking the Privacy Policy url.
"you" means any and all persons accessing or using this Portal and/or availing of any information and/or services available on or via this Portal;
"we" and "our" and "us" means HedgeServ.