Important Legal Information and Terms of Use
1. General
This terms of use agreement is a binding contract between you and Oryx Strategic Minerals I LP(“the Company”). It governs your use of www.oryxglobalpartners.com (the “Site” and all products, services, content, tools and information available through the Site (the “Content“). By using or accessing this Site, you accept and agree to be bound by these terms of use. If you do not agree with the terms and conditions of these Terms of Use, you must immediately discontinue your access to and other use this Site.
2. Information Purpose
The material in this Site has been prepared by the Company and is intended to provide general background information about the Company’s fund management services. The Company is based in the Abu Dhabi Global Market (the “ADGM”) and is regulated by the Financial Services Regulatory Authority (the “FSRA”). This information is given in summary form and does not purport to be complete.
3. Site User Representations and Agreements
The Site and the Content is being made for, and is only directed at persons to whom it may be distributed without contravention of any applicable legal or regulatory restriction in the jurisdiction in which they reside or conduct business (“Relevant Persons”). The Site is expressly not intended for residents of the United States. The Content in this Site, and the access therewith, may be restricted by law. You should inform yourself about, and observe, any such restrictions. Accordingly, by continuing to remain on the Site and not immediately terminating your access, you represent that you are a Relevant Person. If you are not a Relevant Person you must immediately terminate your access.
The Content of the Site is intended for Professional Clients and Market Counterparties (each as defined in the FSRA’s Conduct of Business Rulebook) only. Accordingly, by continuing to remain on the Site and not immediately terminating your access, you represent that you are a Professional Client or Market Counterparty (each as defined in the FSRA’s Conduct of Business Rulebook).
You agree that you will keep confidential all Content of the Site not already in the public domain. Any reproduction or distribution of the information in the Site, in whole or in part, or the disclosure of its contents to any person other than to your professional advisers, without the prior written consent of the Company is prohibited.
4. No Advice, Recommendation, Solicitation or Offer
The Company may deal in, or advise on securities and financial instruments. Information presented on this Site should not be considered as advice or a recommendation to investors or potential investors in relation to holding, purchasing or selling securities or other financial products or instruments and does not take into account any investor’s particular investment objectives, financial situation or needs. While certain tools may be available on the Site and provide general investment or financial analyses based upon your personalised input, such results are not to be construed as the Company providing investment recommendations or advice.
Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction. If you are in doubt about any of the selling restrictions, please consult your lawyer, accountant, financial advisor, or other professional adviser. Any such offer to sell or solicitation of an offer to subscribe for or buy any security will only be made pursuant to appropriate offering documents to be provided to potential investors who are duly qualified to invest in such securities.
Notice for US Persons: The information contained herein is not for publication or distribution, directly or indirectly, in part or in whole, in or to the United States or to any U.S. person (as such term is defined in Regulation S under the U.S. Securities Act 1933, as amended the “Act”), except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Act. Nothing in this Site is an offer of securities for sale or subscription of or solicitation or invitation of any offer to buy or subscribe for any securities in the United States.
You must at all times consider the appropriateness of the information available on this Site having regard to the matters set out above, any relevant offer document and you should seek independent financial, legal and tax advice. This Site has not been reviewed, authorised or otherwise approved by any regulatory body (including the FSRA).
5. All Securities Involve Risks
All securities and financial product or instrument transactions involve risks, which include (among others) the risk of adverse or unanticipated market, financial or political developments and, in international transactions, currency risk.
This Site may contain forward looking statements including statements regarding the Company’s intent, belief or current expectations with respect to any current or future investment funds offered and/or managed by the Company, market conditions, results of operation and financial condition, capital adequacy, specific provisions and risk management practices. Investors are cautioned not to place undue reliance on these forward looking statements.
6. No Representations And Warranties Given By the Company
Neither the Company nor any of its affiliates or members, directors, officers, employees, agents, advisers or representatives (all of the foregoing together the “Released Parties”) make any representation or warranty, express or implied, as to the accuracy or completeness of the information contained on this Site. As far as legally possible, none of the Released Parties shall have any liability or responsibility for any Content, statements, opinions, information or matters (express or implied) arising out of, contained in or derived from (whether directly or indirectly), or for any omissions from, or failure to correct any information on the Site. Without prejudice to the generality of the above, no representation or warranty is given, and no responsibility or liability is accepted, either as to the achievement or reasonableness of any future projections, forecasts, estimates or statements as to prospects or future returns contained or referred to in this Site or in relation to the basis or assumptions underlying such projections or forecasts. THE FOREGOING DOES NOT LIMIT OR AVOID ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. You Are Responsible For Your Own Assessment
By entering the Site, you acknowledge that you will be solely responsible for your own assessment of the market and the market position of the Company and that you will conduct your own analysis and be solely responsible for forming your own view of the potential future performance of any investment funds offered and/or managed by the Company.
8. Information Provided As Is. No Obligation to Update
In considering any performance data contained herein, you should bear in mind that past, targeted or projected performance is not indicative of future results, and there can be no assurance that the comparable results or that target or projected returns will be met. Unless stated otherwise, returns shown are presented on a gross basis, i.e. they do not include any deductions for management fees, carried interest, taxes, transaction costs and other fees and expenses that are borne by investors, all of which will reduce the returns of investors.
Information on this Site may be dated as of a certain date and none of the Released Parties are under any obligation to update the Site and information contained therein. Any discussions between the Company with any investors regarding the Company or any investment funds offered and/or managed by the Company, will not, under any circumstances, create any implication that there has been no change in the affairs of the Company or such investment funds since such date.
Information and data provided in or by this Site may be time sensitive or subject to change without notice.
9. Indemnification
As a condition of your use of the Site, you agree to indemnify, defend, hold harmless and make the Released Parties whole for any and all claims, losses, liabilities and expenses (including but not limited to attorneys’ fees) arising from any use of the Site or your violation of these terms of use.
10. Intellectual Property
The Content, and all intellectual property rights in it, are, and shall at all times be, exclusively owned by the Company or an affiliate or other elated party, and nothing in these terms of use grants you or any third party any ownership interest or license therein or thereto.
Except as expressly permitted by these terms of use or otherwise approved in writing by the Company, you shall have no right to, and shall refrain from, using the Content: (a) for any purpose other than the purpose stated in item 2 above; (b) to develop or enable others to develop a competitive product or service; (c) to reverse engineer, prepare derivative works from, deconstruct, modify, derive object or source code from or otherwise misappropriate any portion of the Content, including, without limitation, the decision algorithms that support any part thereof.
You shall not, and shall not cause or permit any third party to: (a) copy, distribute, reproduce, sublicense, transfer, sell or otherwise commercialize any portion of the Content; (b) alter, amend, modify, or change in any respect, any of the Content; (c) remove or alter any copyright, trademark, or other proprietary notices, legends, symbols or labels appearing on or in the Content; (d) use the Content for any purpose other than a permitted purpose in accordance with these terms, including, without limitation, for any commercial purpose, or any unlawful or unauthorized use or purpose or in violation of any third party rights; (e) use the Content in any way that deviates from the permitted use described in any documentation provided therewith; (f) disparage or undermine any component of the Content.
11. Miscellaneous
The Company may revise and update these terms from time to time in its sole discretion. All changes are effective immediately when the Company posts them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding.
Failure by the Company to enforce any provision(s) of these terms of use shall not be construed as a waiver of any provision or right. The laws of the ADGM govern these terms of use. If any provision of these terms of use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.
