Please read these terms and conditions carefully before using Our Service.
By creating an account, you are accepting these Terms of Service and thus agreeing that you will abide by these Terms of Service and any other terms displayed on the Platform (collectively, the “Agreement”). The Agreement is between Swaps Finance Limited ("Swaps"“, we”, “our” or “us”) and (a) you on your own behalf as an individual, and (b) the entity on whose behalf you are accessing and using the Platform and Services (as hereafter defined), whether as an employee, associated person, independent contractor, agent, or in a similar representative capacity ((a) and (b), collectively “you” or “User”), and governs your access to and use of the Platform and the services and applications offered by Swaps thereon (collectively, the “Services”).
In conjunction with the Privacy Policy, these Terms of Service govern your use of the Services, and by proceeding as a User, you agree to be bound by them.Please read these documents carefully. If any aspect of this Privacy Policy or the Terms of Service is unacceptable to you, please do not use the Services. By using the Platform, you represent and warrant that you are 1) of legal age to form a binding contract with Swaps and at least 18 years old; 2) not prohibited by law from using the Platform; 3) are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and 4) that you are not listed on any U.S. Government, U.K. Government or European Union list of prohibited or restricted parties.The Platform is controlled, operated and administered by Swaps from its offices within the UK. If you access the Platform from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
We reserve the right to amend these Terms, and the Policies applicable thereto, at any time and will notify you of any such changes by posting the revised Terms on the Platform. You should check these Terms periodically for changes. The most current version of the Terms will supersede all previous versions. We will date the Terms with the last day of revision and all changes shall be effective upon posting of such modified Terms. Your access or use of the Platform after any such changes to these Terms constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Platform without notice or liability except only to the extent prohibited by applicable law.
2. GENERAL SECURITIES LAWS
a. The laws applicable to alternative investments are complicated and occasionally ambiguous. In general, they are designed to protect unsophisticated investors from making poor investment decisions. You qualify to invest with Swaps if you meet certain criteria including a minimum net worth and sufficient prior investment experience.
b. Due to the nature of the funds we offer, Swaps investments are available exclusively for investors that qualify based on applicable national securities laws and regulations governing these types of securities transactions that must be observed. You must make your own assessment regarding regulatory requirements as may be applied to your activities on the Platform.
c. Any material on the website is provided for general information purposes only and does not constitute professional or financial advice, an offer or recommendation to acquire any limited partnership interests, shares or other securities, make any investment, or to provide any fund management services or any investment advice of any kind, nor does this website constitutes an invitation to invest, directly or indirectly, in any company or collective investment scheme, or to undertake to do so. Products and services described in the website are not offered or sold through the website, and may only be offered to potential investors at a later stage pursuant to a specific documentation to be prepared and distributed through a dedicated account environment and clearly indicated as such.
3. USER OBLIGATIONS AND RESPONSIBILITY
a. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
b. As a user on the Platform you agree to be bound by the terms and conditions of the Non-Disclosure Agreement, displayed on the Platform, by checking the corresponding box.
c. You will only invest in a fund or other financial product offered through the Platform after carefully reviewing and assessing the terms of the investment, including the related private placement memorandum, subscription agreement and organizational documents as well as all other related information and materials provided through the Platform.
d. You will obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting and other advice (i.e., consult with an attorney) and you have reviewed and understand the discussion of risks made available with the investment documentation on the Platform, and that you are otherwise aware of the risks of making alternative investments.
e. By accessing this website, you agree to be bound by the Swaps Privacy Policy. Except as otherwise permitted herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative of, transfer or otherwise use in any other way, in whole or in part, any information obtained from this site. 4. OWNERSHIP
All content included on this website, such as graphics, logos, articles and other materials, is the property of Swaps or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Swaps. Except as expressly provided herein, we do not grant to you any express or implied rights with respect to this website or the material or information contained on this website.
5. LIMITATION OF LIABILITY
a. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform, the Services or any Content thereon or any Content you receive as a result of your relationship with Swaps. We will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of, or inability to access or use, the Platform or the Services or any Content.
b. Swaps has no responsibility or liability for the deletion of, or the failure to store, transmit or distribute any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Swaps or through the Platform or the Services, will create any warranty not expressly made herein. The Platform, the Services and Content are provided on an "as is", "whjeere is", "as available" basis.
c. Certain portions of the website may contain third-party content and may provide links to webpages and content of third-parties. Swaps does not control, endorse, investigate, or adopt any third-party content, and makes no representations or warranties of any kind in this respect, including with respect to its accuracy or completeness.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Swaps and all of its agents, officers, directors, contractors, and employees to the fullest extent permitted by law, against any claim, action, demand, loss, liability, damage, cost, or expense (including legal fees) arising from or relating to: (i) your use of our Services; (ii) your breach or alleged breach of the Agreement or any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) or any dispute between you and any third party. You must not settle any such claim or matter without the prior written consent of Swaps, and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without reducing your indemnification obligations concerning that matter), and you further agree that you will cooperate fully in the defense of any such claims.
7. TERMINATION
The Agreement is effective from the moment you first register for a User Account or begin using any of our Services, whichever occurs earlier. The Agreement is effective until your User Account is terminated and you cease all use of our Services. Additionally, we may, in our sole discretion, terminate all or part of this Agreement at any time, for any reason, without notice, and with no liability arising from such termination to you or any third party. In the event of termination, your obligations under any section of the Agreement that by its nature are intended to survive termination of the Agreement will so survive. We may also modify in any way, suspend, or cease providing the Services, or limit, suspend, or terminate your access to any part of the Services at any time in our sole discretion without notice or liability to you or any third party. If you decide you wish to terminate your account, you may do so by emailing us at info@swaps.finance.
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