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 Asset Management”, “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 limited to the dissemination of general information about the services provided by Orchard Global Asset Management. Nothing contained in the Site constitutes advisory services. Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by Orchard Global Asset Management or any fund or other entity managed directly or indirectly by Orchard Global Asset Management, to buy or sell any securities, futures, options or other financial instruments. Decisions based on information contained on the Site are the sole responsibility of the visitor.
This site may contain forward-looking statements that reflect our 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. We make 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.
Orchard Global Asset Management 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 Asset Management 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 Asset Management 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 Asset Management 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 Asset Management 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 Asset Management 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 Asset Management.
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 Asset Management. 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 Asset Management’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 Asset Management. Orchard Global Asset Management will not treat users of this Site as its clients by virtue of their accessing this Site.
Orchard Global Asset Management 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 Asset Management to any registration or other requirement within such jurisdiction or country. Orchard Global Asset Management reserves the right to limit access to the Site to any person, geographic region or jurisdiction.
Orchard Global Asset Management LLP is authorised and regulated by the Financial Conduct Authority (“FCA”) in the United Kingdom. Any investment funds which may be referenced on this Site are not authorised and are considered unregulated collective investment schemes which cannot be marketed to the public in the United Kingdom. Accordingly, this Site is directed only at persons in the United Kingdom who are either a “professional client” or an “eligible counterparty”, such terms having the meaning given to them in the FCA’s Handbook of Rules and Guidance for Authorised firms made under the Financial Services and Markets Act 2000. Orchard Global Asset Management LLP does not seek to exclude any duty or restrict any liability beyond the extent permitted by the rules of the UK Regulatory System, including the rules of the FCA.
You agree to defend, indemnify and hold Orchard Global Asset Management 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
Links to Other Web Sites and Services
Orchard Global Asset Management 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 Asset Management cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Orchard Global Asset Management 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 Asset Management with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.
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 Asset Management reserves the right to alter or delete materials from this Site at any time at its discretion.
Standards Board for Alternative Investments (SBAI)
“No responsibility, duty of care or liability whatsoever (whether in contract or tort or otherwise including, but not limited to, negligence) is or will be accepted by the Standards Board for Alternative Investments (“SBAI”), the Board of Trustees of the SBAI (the “Board of Trustees”), any member of the SBAI’s Investor Chapter (“Investor Chapter Member”) or any Core Supporter to other Signatories, investors or any other person in connection with the Standards or any Conformity Statement or Disclosure Statement made by any Signatory. A Core Supporter can be a Signatory, a member of the Standards Board for Alternative Investments Investor Chapter or an investment consultant.
Neither the SBAI nor the Board of Trustees is a regulator of the hedge fund industry and their role does not extend beyond being a custodian of the Standards. None of the SBAI, its Board of Trustees, the Investor Chapter Members and the Core Supporters will seek to enforce compliance with the Standards by Signatories. The fact that a manager is a Signatory to the Standards is not and should not be taken as an endorsement of such manager by the SBAI, the Board of Trustees, any Investor Chapter Member or any Core Supporter or as a representation by the SBAI, the Board of Trustees, or any Investor Chapter member or any Core Supporter that such Signatory operates in conformity with the Standards. In determining whether to accept a manager’s application to become a Signatory (or whether to revoke a manager’s status as a signatory), the Board of Trustees will be entitled to rely on the information provided to it by such manager without further investigation or verification. Further, subject to any duties a Trustee may have under applicable law, it is not envisaged, or expected, that a Trustee will when participating in any such decision of the Board of Trustees take into consideration information which it may possess otherwise than in its capacity as a Trustee. For the avoidance of doubt, Trustees are acting as individuals.
None of the SBAI, the Board of Trustees of the SBAI, the Investor Chapter Members and the Core Supporter accepts any responsibility or liability for any loss or damage caused to any person who acts or refrains from acting as a result of anything contained in or omitted from the Standards or any Conformity Statement or Disclosure Statement made by any signatory or in reliance on the provisions of or material in the Standards or any Conformity Statement or Disclosure Statement made by any Signatory, whether such loss or damage is caused by negligence or otherwise.”
Orchard Global Asset Management (S) Pte Ltd claims compliance with the CFA Institute Asset Manager Code of Professional Conduct. This claim has not been verified by CFA Institute.
Signatory to the Standards Board for Alternative Investments