Terms of Use
If you have read, understand and accept the terms and conditions of the Agreement please click on the "I ACCEPT" button displayed below.
THIS IS A LEGAL AGREEMENT. IT GRANTS YOU CERTAIN RIGHTS AND IMPOSES CERTAIN OBLIGATIONS ON YOU IN CONNECTION WITH YOUR USE OF OUR WEB SITE.
Please read this page before proceeding, as it explains certain restrictions imposed by law on the distribution of this information. It is your responsibility to be aware of, and to observe all applicable laws and regulations of any relevant jurisdiction.
Terms of Use
Please read the terms below carefully before using this Website. If you accept and agree with all of them, you should click on the "I accept" button below. If you do not agree to all of these terms and conditions, do not click on the "I accept" button below, in which case you will not be able to use the Website. If you do not wish to be bound by these terms, please do not enter this Website.
1. Introduction
Welcome to the website (the 'Website') of Reech AIM Partners LLP ("Reech"). Please read the following information carefully before using the Website. By clicking the "I ACCEPT" button below you agree that you have read and accepted these terms and conditions (the "Agreement") governing the use of our Website. This Agreement is a binding agreement between you and Reech and its related affiliates, and governs your access and use of the Website, which includes any information, data, products, services and other material available on or through the Website.
This legal notice applies to the entire contents of this website under the domain name www.reechaim.com. The Website is owned and operated by Reech AiM Partners LLP (registered number OC321436) whose registered office is at 42-44 Portman Road, Reading, RG30 1EA, England and other companies within the Reech Group (including the investment manager and advisers of the Reech funds (collectively "Reech" also referred to as "we" or "us")). Reech is authorised and regulated by the Financial Services Authority (the "FSA") with FSA registered number 458859, under the Financial Services and Markets Act 2000 in the United Kingdom. If you have any complaints or wish to make any comments about our Website please contact us at ++ 44 (0) 207 399 3659.
2. Limited Use
Reech grants you a limited right to use the Website. Your right to use our Website is subject to your agreement to abide by this Agreement in its entirety, as well as any other laws, rules, procedures, policies, terms or conditions that govern use of the Website. At any time and for any reason we may revoke your right to use all or any portion of the Website.
Reech reserves the right to make any changes to the Agreement at any time and it is your responsibility to check for any changes to the Agreement. You will be bound by revised versions of this Agreement that Reech posts on the Website. Modifications will be effective immediately upon posting unless we indicate otherwise. You will be deemed to have accepted any such changes to the Agreement on access to and clicking the "I ACCEPT" button on the Website following the changes.
3. Restricted Visitors
The information is addressed only to persons in the United Kingdom falling within one or more of the exemptions from the restrictions in section 21 of the Financial Services and Markets Act 2000 ("FSMA"): Authorised firms under FSMA and certain other investment professionals falling within the scope of the FSMA (Financial Promotion) Order 2005 ("FPO") and their directors, officers and employees acting for such entities in relation to investment; and High value entities falling within article 49 FPO and their directors, officers and employees acting for such entities in relation to investment.
Interests in the Funds will not be registered under the United States Securities Act of 1933 (as amended) (the "1933 Act"), or under any state securities or "blue sky" laws of the United States. Interests will be offered, and this document may only be distributed outside the United States pursuant to the exemption from registration under Regulation S (promulgated under the 1933 Act) and inside the United States in reliance on Regulation D (promulgated under the 1933 Act) and Section 4(2) thereof. The Funds will not be registered under the United States Investment Company Act 1940, as amended (the "1940 Act") since interests will only be sold to US Persons (as defined under Regulation S) who are both "accredited investors" (as defined in Regulation D) and "qualified purchasers" (as defined under the 1940 Act). Interests in the Funds will not be approved (or disapproved) by the US Securities Exchange Commission, any state securities commission or other regulatory authority. As with all investments, economic, legislative and other circumstances may change during the life of the Fund.
Access to this Website and any information on the Website (including without limitation information relating to any Fund) is not directed at any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) it is prohibited to access the Website or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply you must not access this Website.
4. No Offer
The information in this website is being furnished on a confidential basis for discussion and information purposes to a limited number of investors. This Website does not allow visitors to make investments in any of the Funds managed by Reech. Neither, the information, nor any opinion expressed constitutes a solicitation, or recommendation by us of the purchase or sale of any securities or other financial instruments. This material is intended for the sole use of the person or firm to whom it is provided by us. Any reproduction or distribution of this information, in whole or in part, or the disclosure of its contents, without prior written consent is prohibited. This Website is not intended to be, nor shall it be construed as, an offer, or a solicitation of an offer, to buy or sell an interest in any of the Funds or the Master Funds managed by Reech . Nothing in this website constitutes accounting, legal, regulatory, tax or other advice.
Any decision to subscribe for interests in any Fund must be made solely on the basis of information contained in, and pursuant to the conditions of, the Investment Documents, which information may be different from the information contained in this Website. Recipients should form their own assessment and take independent professional advice on the merits of investment and the legal, regulatory, tax, and investment consequences and risks of doing so. Reech does not accept any responsibility to any person for the consequences of any person placing reliance on the content of this information for any purpose. The information contained in this Website, including any data, projections and underlying assumptions, are based upon certain assumptions, management forecasts and analysis of information available as at the date of this document, and reflects prevailing conditions, and our views as of the date of the document, all of which are accordingly subject to change at any time without notice.
5. Intellectual Property Rights
Except as expressly provided herein, nothing in this website should be considered as granting any licence or right to any copyright, patent or trademark or other intellectual property rights of Reech or any third party. The contents of this Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Reech, its affiliates or other third party licensors. All product and company names and logos mentioned on this Website are the trade marks, service marks or trading names of their respective owners, including us.
You are permitted to print and download extracts from this Website only for your personal reference, and only provided that:
- no documents or related graphics on this Website are modified or copied in any way;
- no graphics on this Website are used separately from accompanying text; and
- the status of Reech (and that of any identified contributors) as the author of any material on this Website is always acknowledged.
You may discuss information that you learn from the Website with your financial, legal or tax advisors, and others with whom you share investment decisions. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site. Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent. Any copies must not alter the original content and must reproduce our copyright notices. Any commercial use or exploitation of this Website or its content is strictly prohibited.
If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6. Access
While Reech endeavours to ensure that this Website is available 24 hours a day, Reech shall not be liable if for any reason this Website is unavailable at any time or for any period. We reserve the right to make changes, or corrections, alter, suspend, or discontinue any aspect of the Website, the content, or services or products available through it, including your access to the Website.
Reech reserves the right to restrict certain areas of information accessible via the Website to our approved, registered users. If any area of the Website requires you to register with us, then we may accept or refuse your application for registration (in our absolute discretion). You agree to provide at all times truthful, and accurate information in applying to register to use the Website and using any registration granted. Your registration will not be transferable, and you are solely responsible for any activity which occurs on, or through your user name, password, or account, whether, or not authorised by you, and keeping secure and confidential these things. You must change your password immediately if you believe that your registration may have been used without your authorisation. Reech reserves the right to terminate your access to the Website at any time without notice.
7. Acceptable Use
You agree not to use the Website in any way that will violate, or infringe any laws, or regulations of any jurisdiction or the rights of any person. In particular, you must not access without authority, interfere with, damage, or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software, or website owned or used by a third party. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss, or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site, or to your downloading of any material posted on it or on any website linked to it.
Without prejudice to its other rights, or remedies Reech reserves the right to take legal proceedings against you for reimbursement of all costs, or losses (on an indemnity basis) resulting from your breach of this clause 5, and to disclose such information to law enforcement agencies as Reech reasonably believes is necessary.
You make certain representations and warranties regarding your use of the Webite. You represent and warrant that: (a) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this Agreement; and (b) you have not, and you will not enter into any agreement, or perform any act which might contravene the purposes and/or effects of this Agreement.
When accessing and using any information provided on this Website, you warrant, represent and undertake that you will not upload, submit, or transmit or otherwise publish through the Website any content or information which: (a) is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or which may be reasonably considered to be so. This includes without limitation any transmissions constituting, or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law; (b) restricts or inhibits any other user from using the Website; (c) infringes the rights (including, without limitation, intellectual property rights such as copyright, trade marks, database rights and patents) of any third party; (d) contains a virus, other computer or data corrupting material or other harmful component; (e) contains advertising of any kind; or (f) constitutes or contains false or misleading indications of origin or statements of fact.
With respect to the private portion of the Website, You must keep your password confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party. You accept full responsibility for any use of your password. You must notify Reech immediately of any actual, or suspected loss, theft or unauthorized use of your password. We are not obligated to inquire as to the authority, or propriety of any use of, or action taken under your password. We will not be responsible for any loss to you that arises from such use, or action or from your failure to comply with these provisions.
8. Warranties & Limitations of Liability
- While Reech endeavours to ensure that the information on this Website is correct, Reech does not warrant the accuracy or completeness of the material on this Website. The Website may contain typographical errors, or other inaccuracies or information that is out of date. Reech is under no obligation to update such material.
- The material on this Website is provided "as is" and use of it is at your own risk. To the extent permitted by law, and unless otherwise specifically set out in this Agreement, we make no warranties, representations, or undertakings in respect thereof, and all warranties representations, undertakings relating to the Website and the information contained in or omitted from the Site are excluded.
- We cannot guarantee that any information displayed on the Website has not been changed or modified through malicious attacks or "hacking".
- The Website is a general overview of the Reech AIM Group SA, and is qualified in its entirety by reference to the applicable offering memorandum, articles of association (with respect to each of the Reech Offshore Feeder Funds and the Master Fund), limited partnership agreement (with respect to the US Feeder Funds), and the applicable subscription agreement, (the "Investment Documents") relating to the purchase of interests in either or both of the Feeder Funds.
- In preparing this Website we have relied upon, and assumed, without independent verification, the accuracy, and completeness of all information available from public sources or which was otherwise reviewed by us. While the information provided herein is believed to be reliable, none of the Funds, or the Managers makes any representation, or warranty whether express, or implied, and accept no responsibility for its completeness, or accuracy or reliability.
- Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. Reech and its respective partners, officers, members, employees, and advisers shall not be liable for any direct, or indirect, or consequential loss, or damage, nor for any loss of revenue, profit, business, data, goodwill, or anticipated savings suffered by any person as a result of reliance on a statement, or omission or the use of this Website.
- Where the Website contains links to third party websites and resources these links are provided for your information only. Reech has no control over the content of these sites, or resources, and accepts no responsibility for them, or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party's website, product or services (if applicable).
- To the fullest extent permitted by law, Reech (and its affiliates, agents or licensors) excludes all liability whether in contract, tort, negligence, misrepresentation, or otherwise for any direct, or indirect loss, or damage caused, directly, or indirectly by your use of our Website, or the information contained on the Website or provided to you pursuant to your use of the Website.
- Nothing in this legal notice shall exclude or limit Reech's liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud or fraudulent misrepresentation; or
- any liability which cannot be excluded or limited under applicable law.
- Nothing in this Agreement will affect any duty, obligation or liability owed by Reech under the regulatory system (as defined in the FSA rules) which cannot be excluded or modified by agreement or notice.
- You shall be liable to Reech for any loss, liability, or cost Reech (or any of its affiliates) suffers as a result of your use of the Website, or any breach of this Agreement, and in particular any warranties, representations or undertakings made by you. You agree to indemnify, defend, and hold harmless Reech, and its affiliates, agents, employees, and third party sources from, and against any, and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Website; (b) your breach of this Agreement, or any representation, warranty or covenant made by you in this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights; or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.
9. Investment Performance
The Website contains material about the past performance of the Funds. The value of an investment in a Fund may go up as well down so that an investor's investment in a Fund, when redeemed, may be more or less than the original investment amount. By its nature, investment in a Fund managed by Reech is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of a Fund. While Reech makes reasonable efforts to obtain information from sources that it believes to be reliable, Reech makes no representation, undertaking or warranty that the information or opinions contained in the Website are accurate, reliable or complete. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
Investments in the Funds are subject to significant risks of loss of income and capital and interests in the Funds will be subject to restrictions on transfer. There will be no public market for interests in the Funds and they will not be negotiable on the capital markets. Investors must regard any investment as illiquid and be prepared to bear the risks of investment for the lifetime of the Funds. Past performance information contained in this material is not an indication of future performance. It has not been audited or verified by an independent party and should not be seen as any indication of returns which might be received by investors in the Funds. Similarly where projections, forecasts, targeted or illustrative returns or related statements or expressions of opinion are given ("Forward Looking Information") they should not be regarded by any recipient of this material as a guarantee, prediction or definitive statement of fact or probability.
Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. A number of factors, in addition to any risk factors stated in this material, could cause actual results to differ materially from those in any Forward Looking Information. There can be no assurance that the Funds' investment strategy or objective will be achieved or that investors will receive a return of the amount invested.
10. Miscellaneous
If a competent court of law or authority finds that any or part of this Agreement is invalid, unlawful, or unenforceable to any extent, Reech shall delete the relevant part from the remainder of this Agreement and the remainder of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by English law.
A failure to exercise, or delay in exercising a right, or remedy provided by this Agreement, or by law does not constitute a waiver of the right, or remedy, or a waiver of other rights or remedies. No single, or partial exercise of a right, or remedy provided by this Agreement, or by law prevents further exercise of the right, or remedy, or the exercise of another right or remedy.
Reech may assign, subcontract, or transfer all, or any of its rights and obligations under this Agreement (including to Reech's successors, or assigns, any of Reech's affiliates, or their successors or assigns) located anywhere in the world without requiring further consent from you, and upon such assignment, sub-contracting or transfer Reech may be relieved of any further obligation to you. To the extent required, and at our request, you agree to do anything reasonably necessary, or beneficial to give effect to such assignment, sub-contracting or transfer. You may not assign, subcontract, or transfer this Agreement in whole or in part to any third party without our prior written consent.
A person who is not a party to this Agreement (other than an affiliate of Reech, or any other person entitled to indemnification under this Agreement) shall have no right under the UK Contract (Rights of Third Parties) Act 1999 to enforce the terms and conditions of this Agreement, but this shall not affect any right, or remedy of a third party which exists or is available apart from under that Act.
11. Governing law and jurisdiction
This legal notice and our privacy policy shall be governed by and construed in accordance with English law. Disputes arising out of your use of the Website, or in connection with this legal notice or our privacy policy shall be subject to the exclusive jurisdiction of the English courts.
If you have read, and understand and accept the terms and conditions of the Agreement please click on the "I ACCEPT" button displayed at the top of this page.
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