Terms of use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

The following terms of service are an agreement between you, the user on your own behalf, if you register as an individual, or in your capacity as a representative of the company for which you work or represent, if you register as a company; and the sub-fund. The agreement sets forth the terms and conditions for your access and use of the sub-fund website (“Site”) and platform

The site and platform is being provided to you expressly subject to these Terms. By accessing and using both the Site and platform, you acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms form an essential basis of the bargain between you and us. Please read these Terms carefully and keep a copy of them for your reference.

All products (“Product” or “Products”) are prepared and issued by the sub-fund. The sub-fund is part of an umbrella Variable Capital Company (“VCC”) incorporated under the laws of Singapore. Pursuant to s.46(1) of the Variable Capital Company Act 2018 (VCC Act), the VCC is managed by Namara Wealth Advisors Pte. Ltd. (“Namara”). As per the requirements set forth in s.46(2)(a) and (b) of the VCC Act, Namara is authorized and regulated by the Monetary Authority of Singapore (“MAS”) as a Capital Markets Services License (License No. CMS100597) holder under the Securities and Futures Act of Singapore Act (SFA, Cap.289) to conduct regulated activities in Fund Management. To the extent that the Product/these materials has/have been produced by the sub-fund, it is/they are intended for distribution solely to the accredited investors onboarded by Namara.

Disclaimers
This document is not a prospectus or listing particulars for the sub-fund. The information herein does not constitute an offer or invitation to sell, issue, or solicit the purchase or subscription of securities, nor should it be relied upon in connection to or as the basis of any contract. No reliance should be placed on the information or opinions contained in this document nor should any reliance be placed on the completeness, fairness or accuracy of the information or opinions contained in this document. The sub-fund and its affiliates, including directors, partners, employees, agents, and advisers, make no express or implied warranties or representations regarding the accuracy, completeness, or fairness of the information or opinions in this document or presentation. Save in the case of fraud, no responsibility or liability is accepted by the sub- fund or their respective directors, partners, employees, agents or advisers (and all such liability is hereby excluded) for any errors, omission or in accuracies in such information or opinions.

Recipients of this document and the presentation are reminded that none of the information contained in this document and presentation has been verified and the documents and the presentation are subject to updating, correction, completion, revision and amendments. Any opinions, forecasts or estimates in this document or this presentation constitute a judgment as at the date of the document. There can be no assurance that future results or events will be consistent with any such opinions, forecasts or estimates. Recipients of this documents and/or person(s) attending to this document who are considering making an investment within the company is reminded that any such purchase must be made solely on the basis of their own assessment and investigations of the Product/s and that no assurances or warranties or similar will provided as to the contents of the documents.

This document and this presentation is strictly only for Permitted Recipients1 . Any persons who are not Permitted Recipients should not stay for the remainder of this presentation and, in any event, must not act or rely upon the information contained in these slides or presentation. By staying for the remainder of this presentation and/or receiving this presentation, each participant is deemed to confirm that they are a Permitted Recipient.

(1) Permitted recipients: Potential clients who have begun KYC process with Namara.

This document and presentation are confidential and must not be reproduced, distributed, or published, in whole or in part. Distribution may be restricted by law in certain jurisdictions, and therefore persons into whose possession this document come should inform themselves about and observe any such restrictions. Unauthorized distribution may violate the law of any such jurisdiction.

This document and the presentation do not constitute a recommendation regarding the Products. Recipients of these slides and this presentation should conduct their own investigation, evaluation and analysis of the business, data and property described herein.

Investing in the Product/s may expose you to a significant risk of losing (for more details please refer to the risk disclosure) and if you are in any doubt about investing in the Products, you should consult a person authorized or competent person who specialized in advising on such investments.

Use of services

1. The Site provides information regarding and, subject to eligibility requirements and the successful completion of Namara’s onboarding process, the ability to access certain products provided for on the sub-fund platform.
2. As a condition to accessing or using the platform or the Site, you represent and warrant to the sub-fund the following: (i) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; (i) your access to the Services is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the sub-fund, the user, the Site or the Products; and (iii) you will not use the Site, platform or Products in order to contribute or facilitate any illegal activity.
3. As a condition to accessing or using the platform or the Site, you acknowledge, understand, and agree to the following: (i) from time to time the Site and the platform may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the sub-fund or any of its suppliers or contractors may undertake from time to time; (c) causes beyond the sub-fund’s control or that the sub-fund could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason; (ii) we reserve the right to disable or modify access to the Site and the platform at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the platform being inaccessible to you at any time or for any reason; (iii) the Site and the platform may evolve, which means the sub-fund may apply changes, replace, or discontinue (temporarily or permanently) the platform at any time in its sole discretion;
4. You are solely responsible for your use of the Services, including all of your transfers of Digital Assets and the custody and control of your Digital Assets
5. You are solely responsible for reporting and paying any taxes applicable to your use of the platform.
6. We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so.
7. As a condition to accessing or using the Services or the platform, you covenant to the sub- fund the following; (i) in connection with using the Services, you only will transfer legally- obtained Digital Assets that belong to you; (ii) you will comply with all Applicable Laws in connection with using the Services, and you will not use the Site or the Services if the laws of your country, or any other Applicable Law, prohibit you from doing so; (iii) any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry our actions using such Digital Assets; and (iv) in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will, at all times, (a) ensure that all information that you provide on the Site and during your use of the Services is current, complete, and accurate.

Fees

You are required to pay any fees associated with the use of the platform, this includes transaction costs, as well as any other fees reflected on the Site at the time of your use of the platform.

Prohibited activities

You may not use the Site or platform for any of the listed prohibited activities. This list is not exhaustive and should you have any queries regarding the legality or eligibility of your transaction then please contact us at [email protected]. By using the Site or Services, you confirm that you will not use the Site or platform to do any of the following:

1. Violate any Applicable Laws
2. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law
3. Use the platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the platform, or that could damage, disable, overburden, or impair the functioning of the Site or the platform in any manner;
4. engage in activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
5. Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the platform;
6. provide false, inaccurate, or misleading information while using the Site or the platform
7. use or access the Site or platform to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
8. harass, abuse, or harm of another person or entity, including the sub-fund’s employees and service providers; impersonate another user of the platform or otherwise misrepresent yourself.

Trademarks, copyrights and other intellectual properties

The content contained on this Site is owned or licensed by the sub-fund, its affiliates* and its third- party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Site, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including all text, images, audio, and video, without the sub-fund’s written permission. Modification or use of the materials for any other purpose violates the sub-fund’s intellectual property rights.

The use of the images displayed on this Site by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

*Affiliates: Are companies that share joint ownership or partial joint ownership with the sub-fund.

Links To Other Websites

The sub-fund may establish links between this Site and one or more websites operated by third parties. The sub-fund has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by the sub-fund regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. The sub-fund disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our website.

Access to the sub-fund’s Site and platform

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the platform, in whole or in part, for any reason whatsoever, including, without limitation, to only allow open the platform in order for funds to be closed. Upon termination of your access, your right to use the platform will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any platform or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Site or the platform.

Indemnification

You will defend, indemnify, and hold harmless the sub-fund, its affiliates, and its and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (i) your use of, or conduct in connection with, the Site or the platform; (ii) your violation of these Terms; or (iii) your infringement or misappropriation of the rights of any other person or entity.

If you are obligated to indemnify any Indemnified Party, the sub-fund (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the sub-fund wishes to settle, and if so, on what terms, and you agree to corporate with the sub-fund in the defense.

Limitation of liability

The sub-fund and its affiliates and their respective officers, directors, employees or agents will not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this website and nonperformance of the platform or Digital Assets), even if the sub-fund has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of this website or another linked website.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the sub-fund or its affiliates to any registration requirement within such jurisdiction or country.

These Terms shall be governed by, and shall be construed in accordance with, the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms and, for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes and agrees not to claim that the courts of Singapore are not a convenient or appropriate forum.

General Terms

1. Privacy Policy: Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you.
2. Waiver: No waiver by the sub-fund of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver
3. Remedies: Any right or remedy of the sub-fund set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of the sub-fund in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
4. Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
5. Integration: The preceding Terms of use represent the entire agreement between the sub- fund and the user relating to the subject matter herein.
6. Assignment: You may not assign or transfer any right to use the Site or the platform, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Interpretation: In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.