Terms of Use

1. Introduction

Lima Capital LLC and Lima Investment Management PTE Ltd (“collectively referred to as Lima”) operate this website while holding an investment advisor licence and a CIS manager licence from the Financial services Commission of Mauritius (FSC) and a Capital Markets Services license from the Monetary Authority of Singapore (“MAS”) respectively.

Lima Investment Management PTE Ltd provides services to “Accredited investors” and “institutional investors” according to their definitions under the Securities and Futures Act (Cap. 289) of Singapore.

Lima Capital LLC provides its investment funds and services to “professional clients” and “sophisticated investors” who satisfy the FSC of Mauritius regulatory requirements.

By accessing this website, you agree to these Terms of Use once you confirm that you meet the specified investor requirements. These Terms, along with any linked documents, outline the conditions for using the Lima websites, including any portals owned by Lima or its subsidiaries (collectively referred to as the “Website”).

 The website maintains the right to amend these Terms without notifying users beforehand. Different terms in this agreement become superseded only by expressed agreements or notices published throughout the Website which automatically enforce against you.

Please read these Terms carefully. The Website Terms apply to all users once they access any page through their device. Access to the Website is restricted through acceptance of this Terms of Use policy and its provisions. The Website contains terms that we maintain the right to change at any time while keeping all users uninformed. The Website contains provisions which may override certain Terms through notices and provisions published in other areas of the Website. These notices and provisions automatically become binding for all users.

Your agreement with the specific terms automatically activates.:

• Upon entering and agreeing with the Agreement, you demonstrate to Lima you both meet the legal requirements of being eighteen years old and able to lawfully accept this document.
• You agree to accept all elements in the Agreement including the updates posted by Lima while also accepting other terms mentioned in this document by reference.
• You have the authorization to enter and agree to the Agreement as the legal representative of an entity if you access or use the Platform for that entity.

The Privacy Policy explains all data handling procedures. Please review those procedures before proceeding since more data exists about your information beyond this agreement.

2. Accessing our website

Access to our Website is permitted temporarily and is free of charge, unless stated otherwise. You acknowledge that your access to the Website may be prevented by factors outside of our control including without limitation the unavailability, in-operation or interruption of internet services or the in-operation, inefficiency, or unsuitability of the computer hardware that you use to access the Website. We shall not be liable for any loss or damage in respect of this.

Sections of the website are limited to registered users, and additional terms and conditions may apply in these cases. Unauthorized individuals who attempt to access restricted parts of this website may face legal action.

We reserve the right to restrict or terminate your use of the Website and the Lima services in our sole discretion.

Prohibited uses.

Users can use the Website for purposes compliant with local and international laws. You should not employ the Website for these prohibited activities, among others:

1. in any way that breaches any applicable local, national, or international law or regulation.
2. The Website service remains prohibited for any activities which the laws or fraudulent conduct deem unlawful or fraudulent.
3. The website prohibits using content that fails to follow these Terms when sending or receiving materials through the website.
4. Using the Website to re-sell or duplicate its contents along with any other tool available on the website violates the Terms.
5. Sending any unsolicited or unauthorized promotional material along with similar solicitations is prohibited under this section (e).
6. The user intends to introduce malicious data whenever they send or upload any material that contains software viruses or other destructive electronic codes or files.
7. Users remain legally bound to refrain from unauthorized Website access attempts and attempts to access the Website storage server and all linked servers, computers, or databases. Users should abstain from performing denial-of-service or distributed denial-of-service attacks against the Website.

3. Intellectual property rights

All intellectual property rights associated with Website content belong to us either as owner or license holder. All the works found on the Website fall under legal protection from rights ownership and treaty permissions. All such rights are reserved. The Website includes publicly available third-party intellectual property which we properly attribute to its owner. Every author, including yourself, must recognize our status along with other contributors’ status as authors who created the Website content. Users are allowed to print documents from the website, along with extracting specific page(s). You must neither adjust the paper nor digital copies of downloaded materials nor use our logo or visuals separately from text material. An authorization from us or our licensors is necessary for commercial use of Website content. Any breach of these Terms will result in immediate suspension of your website access and force you to return all Website materials and provide proof to our satisfaction.

4. Regulatory Disclaimer

No Offer or Solicitation:

Users find general information through this website, yet materials do not function as an invitation to make any securities or investment product transactions. This website only provides general information that must not be interpreted as invitations or solicitations to participate in investment activities.

 Specifically, this website does not:  

1. A subscription invitation or product acquisition offer does not exist through this website.
2. The material does not advise investors to purchase or sell or maintain their position in any investment.

Mauritius website user Disclaimer:

1. The information available on this website does not act as investment advice or solicitation for users located in Mauritius under either the Securities Act 2005 or the Financial Services Act 2007 of Mauritius.
2. Lima Capital LLC operates within the Mauritius regulatory framework by maintaining investment advisor and CIS manager licenses from the FSC.

Singapore website user Disclaimer

1. The website material does not function as financial advisory services as specified under the Financial Advisers Act (Cap. 110) of Singapore or fund management services as specified under the Securities and Futures Act (Cap. 289) of Singapore for Singapore-based users.
2. Lima Investment Management PTE Ltd operates under the MAS capital markets licensing framework to deliver its respective services to clients.
3. The information and services on this page serve accredited investors and institutional investors who fall under the definitions of the Securities and Futures Act (Cap. 289) of Singapore.
4. The website does not offer fund management services, which are defined under the Securities and Futures Act (Cap. 289) of Singapore.
5. Content related to services as well as information at this platform targets only ‘accredited investors’ and ‘institutional investors’ who match the Securities and Futures Act (Cap. 289) definitions of Singapore.

US Persons

This website, with its communications along with other materials provided by Lima, exclusively targets non-U.S. persons. A “U.S. person” under this disclaimer means:

1. A citizen or resident of the United States.
2. A partnership formed in the United States or under its laws or any state laws operates as one of the eligible entities.
3. The trust falls under U.S. laws when a court in the United States has primary authority in trust administration alongside at least one U.S. person having authority to make substantial trust decisions.
4. An estate that belongs to a U.S. citizen or resident person after their death.

All U.S. persons according to the previous definition should refrain from using these communications.

 

Applicable Law and Jurisdiction

Disputes and legal matters regarding Lima Capital LLC operations, including those in Mauritius, will use the laws and the courts have exclusive jurisdiction. Disputes concerning Lima Investment Management PTE Ltd operations in Singapore will be governed by Singaporean laws, with jurisdiction belonging to the local Singaporean courts.

5. General Disclaimers

Independent Advice:

All investors need to obtain separate financial, legal, tax and professional guidance before deciding to invest in any way. The website information serves only as a reference for investment decisions, yet Lima Investment with its affiliates declines all responsibility for investor choices made for this information.

Accuracy of Information:

Lima Capital LLC (Mauritius) and Lima Investment Management PTE Ltd (Singapore) (“collectively referred to as Lima”) deliver information through this website on a basis of “as is” combined with “as available” availability. Lima strives to present accurate, timely information yet disclaims all warranties that may be express or implied, with accuracy and completeness and reliability and merchantability and fitness for a particular purpose and non-infringement, including, among others. The website and its content incur no representation or warranty from Lima regarding continuous service without interruptions or technical errors and free from malicious components. All users understand that they use this website and depend on its content at their exclusive risk.

PAST PERFORMANCE IS NOT NECESSARILY A GUARANTEE OF FUTURE RESULTS. INVESTMENTS ARE SUBJECT TO RISK, INCLUDING THE POTENTIAL LOSS OF PRINCIPAL

The actual performance realised by any given person will depend on numerous factors and circumstances. Communications made by Lima to its recipients may include returns for various indices. These indices are not intended to be direct benchmarks for a particular investment.

Although the information in any communication made by Lima to the recipients is believed to be materially correct as at the date of issue, no representation or warranty is given as to the accuracy of any of the information provided.

The information on this website contains no warranty of correctness for any time after this date. Communications might incorporate data from reputable third-party sources, but their accuracy cannot be verified. Any projections or analysis provided to assist the recipient in evaluating the matters described herein may be based on subjective assessments and assumptions and may use one among alternative methodologies.

Lima, along with its affiliates, agents, service providers, and professional advisers, limit their liability and responsibility according to applicable laws and do not owe any duty of care regarding the consequences of people acting based on information from Lima Investment communications or taking related decisions.

Both Lima Capital LLC (Mauritius) and Lima Investment Management PTE Ltd (Singapore) (referred to collectively as Lima) completely exclude all warranties specified by Singaporean and Mauritian laws from this Website and its contained content. Every user accessing Lima’s Website and content remains fully excluded from liability no matter what foreseeable circumstances lead to damages and losses during Website use.

The liability exemption of Lima extends to cover all losses and damages that occur through these circumstances:

1. The use of or inability to use this Website creates no liability to Lima.
2. Any user relying on Website content understands it does so at their own risk.
3. Lima remains free from any legal obligation for:
4. loss of profits, sales, business, or revenue.
5. business interruption.
6. loss of anticipated savings.
7. loss of business opportunity, goodwill, or reputation; or
8. Indirect and consequential losses or damages, together with the losses that result from the following categories, fall outside of our liability.

Indemnity

By using our platform, you will indemnify and legally protect Lima Capital LLC (Mauritius), Lima Investment Management PTE Ltd (Singapore) alongside their affiliates, and their respective directors, officers, employees, shareholders, partners, and agents (Lima Parties) from all losses and expenses they confront because of any Lima Party claims. You must maintain indemnification that covers any claims which derive from your direct or indirect violation or supposed violation of these Terms.

No reliance on information

The content on our website is provided for general information only. It is not intended to be a solicitation, an offer to buy or sell any security or amount to advice on which you should rely. Before acting on or skipping any information from this website, you should seek advice from a professional expert. The Website content can be amended, revised, or modified partly or completely without any notice to users. The Website information remains our priority, but we make no promise regarding its accuracy or completeness or the lack of outdated content. You will find that the Website and its content may contain errors or omissions without any warranty.

The Lima Capital LLC (Mauritius) and Lima Investment Management PTE Ltd (Singapore) collectively referred to as Lima provides website materials and other materials which serve your internal non-commercial purposes only. The Lima Materials, which consist of documents, reports, analyses, data, and presentations, cannot be reproduced, distributed, disclosed, or made accessible to third parties unless Lima provides explicit written permission and except when required by law.

 You agree not to commit or permit any act or omission that would infringe, impair, or diminish such rights. Specifically, you agree not to:

1. Copy, reproduce, modify, or create derivative works based on the Lima Materials.
2. Distribute, transmit, or publicly display the Lima Materials without Lima’s prior written consent.
3. Reverse engineer, decompile, or disassemble any software or technology incorporated into the Lima Materials; or
4. Remove or alter any copyright notices, trademarks, or other proprietary markings from the Lima Materials.

Unauthorized distribution and copying or disclosure of Lima Materials will trigger legal consequences against the perpetrator. Lima maintains the authority to pursue each available remedy, including monetary damages together with injunctions for violations of its intellectual property ownership.

Third-Party Links

Users can find various internet addresses, links, and hyperlinks on the Website that direct to external websites which we do not operate or monitor. Our website connects you to outside links, but we disclaim responsibility for all related aspects of these external websites, including content and protection systems. The Website does not approve nor support external parties or their opinions or services or products that are linked from the Website. Users need to read and understand the terms, along with the privacy policies, which apply to outside third-party websites.

Waiver and Severability

Our decision to waive a provision from these Terms does not indicate a waiver of subsequent breaches of either that provision or any other provision in these Terms. Our delayed response to exercise our rights under these Terms is not an indication of waiving our rights. All individual terms within this agreement remain separate from each other since any unenforceable parts should not affect other parts of the Terms’ contents.

Contact us.

If you wish to make any use of content on the Website other than that set out above, please contact info@lima.capital

Effective Date: 7 July 2019