Declaration (read till the end to accept)
- Purpose of this subsite
The sole purpose of this subsite of Fortuna Administration Limited (“Fortuna”) is to provide a platform to publish information about specific funds domiciled in St. Vincent and the Grenadines for which Fortuna acts as the publication medium.
Fortuna does not at any time act as a provider or distributor of the funds mentioned on this subsite, nor does it act as a representative of the relevant fund provider.
The publication of fund-specific information, notices, documents, charts and key figures is made by or based on information provided by the respective funds and other persons authorised to publish such information.
- Subsite access
Access to this subsite is restricted. The subsite is not intended for persons who are subject to a legal system under which the publication of information published on the subsite or access to the subsite is prohibited.
The information on the subsite is intended exclusively for Eligible Investors .
The subsite is also not directed at any person or entity whose domicile, residence, principal place of business, incorporation, origin is subject to any foreign jurisdiction where the dissemination or use of such information and documents would be contrary to applicable law or regulation and would subject Fortuna to additional registration requirements.
- No offer or distribution
The information published on the subsite constitutes neither an offer nor a recommendation or solicitation by Fortuna to make an offer to buy or sell fund units or to conclude any legal transaction.
- No investment advice or individualised recommendation
The information published on the subsite does not constitute investment advice or a recommendation for investment decisions. The published information does not provide any guarantee for the future price performance of the relevant fund. Potential investors are strongly advised to consider an investment in a fund only after a thorough study of the current fund-specific documentation.
- Responsibility for subsite content
Fortuna bears no legal or content-related responsibility for the information published on the subsite. The respective fund is solely responsible for the legality, accuracy, completeness and up-to-dateness of the content.
Fortuna assumes no warranty or liability – either express or implied – with regard to the legality, accuracy, completeness and up-to-dateness of the fund-specific and other information disseminated on the subsite.
- Changes and updates
This subsite and the information published on it may be changed at any time and without prior notice.
- Disclaimer of warranty and liability
Fortuna does not guarantee or assume liability for the legality, accuracy, completeness or up-to-dateness of the information published on the subsite. Fortuna is also not liable for the information being complete, correct and uninterruptedly available at all times. Furthermore, Fortuna shall not be liable for any damage resulting from acts or omissions by persons based on the information published on the subsite. Furthermore, Fortuna is not liable for damage caused by viruses or other harmful components of the subsite or the documents published on it.
- Availability of the subsite
Fortuna is entitled to suspend the provision of the subsite at any time for maintenance work or for updating or other work that increases the functionality of the subsite. Fortuna shall not be liable for ensuring that the use of the subsite is possible at all times in a complete and undisturbed and error-free manner.
The entire content of the subsite is protected by copyright. The reproduction, transmission, modification, alteration and linking or use of the contents of the subsite or parts thereof for public or commercial purposes is prohibited without the prior written consent of Fortuna.
By reproducing or saving data published on the subsite, the present subsite terms and conditions are deemed to have been accepted.
- No link to this subsite
It is not permitted to link to this subsite without the prior written consent of Fortuna.
- Place of jurisdiction, applicable law and severability clause
These subsite terms and conditions are governed exclusively by the laws of St. Vincent and the Grenadines, excluding its conflict of law rules. The exclusive place of jurisdiction are the St. Vincent and the Grenadines’ courts at the registered office of Fortuna.
Should any provision of these subsite terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
“Eligible Investors” means those investors, excluding categorically U.S. Persons and St. Vincent Persons (see explanation below), (i) for whom (a) the receipt of the respective fund documents and of any offer, invitation or solicitation to apply for fund units, (b) the subscription for the respective fund units, (c) the receipt and ownership of the respective fund units, and (d) the redemption, sale, transfer or assignment of the respective fund units, are not illegal under the law of the jurisdiction of their citizenship, residence, domicile, incorporation or organisation, and (ii) who can withstand financially the loss of their entire investment in the respective fund units.
“U.S. Person” means means (but not limited to):
- U.S. citizens, including dual citizens;
- persons who are resident or domiciled in the USA;
- persons who are U.S. residents (green card holders) and/or whose principal place of residence is in the USA;
- U.S. resident companies, trusts, estates, etc.;
- companies that qualify as transparent for U.S. tax purposes and have investors named in this section, as well as companies whose income is attributed to an investor named in this section in the context of a consolidated consideration for U.S. tax purposes;
- financial institutions that do not comply with the provisions of the Foreign Account Tax Compliance Act (“FATCA”, in particular Sections 1471 – 1474 of the U.S. Internal Revenue Code and any agreement with the United States of America on cooperation to facilitate the implementation of FATCA, as applicable) and do not register with the U.S. Internal Revenue Service as a FATCA ‘Participating Institution’ to the extent required; or U.S. Persons as defined in Regulation S under the United States Securities Act 1933, as amended from time to time.
“St. Vincent Person” means any natural person ordinarily resident or domiciled in St. Vincent and the Grenadines, and any juridical person organised under the laws of St. Vincent and the Grenadines, other than a company incorporated under the Act or its predecessor, or an international trust registered under the International Trusts Act Chapter 491 of the Revised Laws of Saint Vincent and the Grenadines, 2009.