Terms of Use and Other Disclosures

The terms and conditions of use set forth below apply to this website (collectively, the “Site”).

Please read these terms and conditions of use carefully before using the Site. By using the Site, you acknowledge that you have read, understood and agreed to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use the Site. Orchard Global Asset Management (S) Pte Ltd and affiliates (collectively referred to as “Orchard Global”, “us”, “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

Not an Offer of Advisory Services or Securities

This Site is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation, or which would subject Orchard Global to any registration or licensing requirement within such jurisdiction. Nothing on this Site shall constitute an offer or a solicitation of an offer to buy or sell any products or services, including but not limited to any securities, financial instruments or other investments or investment advice. The information in the Site is descriptive of Orchard Global as a whole and the services, securities and financial instruments described may not be suitable for you or available in the jurisdiction in which you are located, or may only be available through a branch or an affiliate of Orchard Global that is properly licensed to offer such services, securities or financial instruments in such jurisdiction.

We shall not treat users of this Site as its clients by virtue of them accessing it. Users of this site should seek the advice of their independent financial adviser prior to taking any investment decision on the basis of any information contained herein and no information herein constitutes general or specific investment, legal, tax or accounting advice of any kind.

Investment Risk

This Site may contain forward-looking statements that reflect Orchard Global’s current views with respect to, among other things, future events and financial performance. We generally identify forward-looking statements by terminology such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “will,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates” or the negative version of those words or other comparable words. Any forward-looking statements contained on this Site are based upon the historical performance of us and our subsidiaries, or that of our funds, and on our current plans, estimates and expectations. Orchard Global makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of our strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.

All opinions and estimates expressed in this Site constitute our judgment as of publication and do not constitute general or specific investment legal, tax or accounting advice of any kind.

Disclaimers

Orchard Global make no warranties or representations as to the accuracy of this Site. The materials in the Site are provided “AS IS” and without warranties of any kind (either express or implied). To the fullest extent permissible pursuant to applicable law, Orchard Global disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall we be liable for any direct, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a representative of Orchard Global has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Orchard Global further assumes no responsibility for, and makes no warranties that, functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Orchard Global shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.

Without limiting the foregoing, the Site and all of its contents are made available “AS IS”, with all faults, and without any warranties whatsoever, express or implied. All warranties, including but not limited to any warranties of merchantability, fitness for any particular purpose, non-infringement, title, uninterrupted use, quiet enjoyment, system integration, or accuracy, security of information, or reliability, are specifically excluded and disclaimed. Orchard Global makes no warranty that the Site, in whole or in part, will meet users’ requirements. Users of the Site assume all risk as to the quality, accuracy, suitability, availability and performance of this Site and its contents and acknowledge that the Site and its contents may be revised, altered and changed from time to time in the sole discretion of Orchard Global. Opinions expressed may differ from views set out in other documents, including research, published by Orchard Global. Any such reports and comments authored by Orchard Global are provided for informational purposes only and without any obligation, whether contractual or otherwise.

Restrictions on Use of Materials

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Orchard Global. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Orchard Global’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Orchard Global.

Password and Security Notification

Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that Orchard Global has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that Orchard Global provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify Orchard Global immediately if you become aware of its unauthorized use. If you share your password with a third party in violation of these terms, you assume all responsibility for all such party’s activity related to the Site.

Jurisdictional Issues

Orchard Global makes no representation that materials in or accessible through the Site are appropriate or available for use in any location or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of any export laws and regulations. The information provided in or accessible through the Site 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 Orchard Global to any registration or other requirement within such jurisdiction or country. Orchard Global reserves the right to limit access to the Site to any person, geographic region or jurisdiction.

Indemnification

You agree to defend, indemnify and hold Orchard Global and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate in any such defense.

Transmissions to and from the Site

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.orchardgroup.com domain name or made via this Site may not be secure. Communications to Orchard Global Asset Management, particularly those containing confidential information, should be sent by mail to one of the offices described on our Contacts page. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, is and will be deemed to be non-confidential and Orchard Global shall have no obligation of any kind with respect to such information. Orchard Global shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, without any compensation due or payable to you.

Links to Other Web Sites and Services

Orchard Global does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, Orchard Global cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Orchard Global be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Orchard Global with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.

Other

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Orchard Global reserves the right to alter or delete materials from this Site at any time at its discretion.