Terms of use and legal information

No reliance and no warranty

This website may include technical or editorial inaccuracies or typographical errors. The information on this website has been prepared solely for information purposes. While Fundana SA (Fundana) has made every effort to ensure that the information on this website is accurate at the time of publication, Fundana makes no representation or warranty in any manner, expressly or by implication, as to the accuracy, reliability or completeness of the information provided in this website. Fundana shall not be obliged to remove outdated information from its website or to expressly mark it as outdated.

No Offer

No information provided in this website regarding services or products shall constitute or be construed as an offer to sell or as a solicitation of an offer to acquire securities or other instruments in any jurisdiction where such offer or solicitation is prohibited by law or in which the person making an offer or solicitation is not licensed or registered to do so or to any person to whom such offer or solicitation is contradictory to local law or regulation. Any such prohibited offer or solicitation is void and Fundana will disregard any communication received in respect thereof.

Distribution of funds

This website may contain information concerning Prima Capital Fund Ltd and Trocadero Capital Holdings Ltd. These investment funds are incorporated in the British Virgin Islands. Prima Capital Fund Ltd’ shares have not been qualified for offer or sale to the public under any other country or jurisdiction than the British Virgin Islands. Trocadero Capital Holdings Ltd’ shares may not be offered to the public in any jurisdiction. As a result, any information pertaining to these investment funds is not directed at persons who are prohibited from accessing this information by laws and regulations which prohibit the publication or access to the information in question by virtue of the nationality, place of residence, domicile or registered office of the person or entity concerned or on other grounds.

Investors in Switzerland

Prima Capital Fund LTD and Trocadero Capital Holdings LTD have appointed Fundana as their distributor in Switzerland. These two collective investment schemes have not been approved by the Swiss Financial Market Supervisory Authority (“FINMA”) for distribution to the general public (i.e. to non-Qualified Investors). As a result, they are only available to Qualified Investors as defined in the Swiss Collective Investment Schemes Act and its implementing regulations.

The Representative of Prima Capital Fund Ltd. and of Trocadero Capital Holdings Ltd. in Switzerland is Acolin Fund Services AG, with registered office at Stadelhoferstrasse 18, 8001 Zurich. The Paying Agent of Prima Capital Fund Ltd in Switzerland is Credit Suisse AG, with registered office at Paradeplatz 8, 8001 Zurich and the Paying Agent of Trocadero Capital Holdings Ltd in Switzerland is Bank Julius Baer & Co. Ltd, Bahnhofstrasse 36, 8001 Zurich.

The place of performance is at the registered office of the Swiss Representative. Any dispute related to the distribution of the shares of Prima Capital Fund Ltd. and/or of Trocadero Capital Holdings Ltd. in and from Switzerland shall be subject to the jurisdiction of the registered office of the distributor. Disputes relating to the duties of the Swiss Representative vis-à-vis the investor shall be brought before the courts of the registered office of the Swiss Representative.

The investors may obtain the fund’s Information Memorandum and other fund’s documents from the Swiss Representative or from Fundana.

Risks

An investment in the funds described on this website should be made only after careful study of the most recent Information Memorandum, which can be obtained, along with other fund’s documents, from Fundana.

Furthermore we recommend that you get advice from your advisor prior making an investment. Fundana does not provide any advice unless specifically agreed in writing with you.

Performance

The future performance of an investment cannot be deduced from previous value since the investment may fall as well as rise. In addition, investments in foreign currencies are subject to exchange rate fluctuations. Thus, the investor may not get back the amount invested.

Exclusion of liability

Fundana expressly disclaims any liability for losses or damages, whether direct, indirect, foreseeable or unforeseeable, incurred or suffered by any user of this website or of the information provided in this website. By accessing this website, each user fully releases Fundana and all of their affiliates and their respective partners, directors, officers, employees and agents from any and all claims, right and recourses for such losses or damages.

Information provided by third parties and linked sites

This website may refer, by hyperlinks or other means, to information provided by third parties. Fundana has not verified whether such information is reasonable, accurate, reliable, complete or up-to-date. Links to other sites do not constitute Fundana's approval or endorsement of such sites or its products or advertisements. Fundana is not liable in connection with any such information provided by third parties. Fundana has not reviewed any of the websites which link to the present site, and is not responsible for the content of off-site pages or any other websites linked or linking to the site. Following links to any off-site pages or other websites shall be made under your own responsibility.

Confidentiality

This website is not a secure medium for electronic communications. Any confidential, proprietary or sensitive information transmitted by a user by means of this website may be read and/or copied by unauthorized persons.

Copyright

The entire content of this Fundana website is subject to copyright with all rights reserved. Without the prior written consent of Fundana this website or any part thereof may not be copied, transmitted (by electronic means or otherwise), modified, linked into or used for public or commercial purposes.

Governing law and interpretation

Swiss law applies to this website and to the legal information contained hereabove. The courts of Geneva shall have exclusive jurisdiction over all claims or disputes arise in connection with this website and its use.

By clicking on 'I AGREE', I acknowledge having read the terms of use and legal information and agree with the above statements.

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AIMA Journal Edition 109 – 17-01-20