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 Capital Group (S) Pte Ltd and its affiliates ("Orchard Global Capital Group", "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.
Disclaimer
Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by Orchard Global Capital Group or any fund or other entity managed directly or indirectly by Orchard Global Capital Group, 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.
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 Capital Group disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Orchard Global Capital Group 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 Capital Group 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.
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 Capital Group. 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 Capital Group'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 Capital Group. Orchard Global Capital Group will not treat users of this Site as its clients by virtue of their accessing this Site.
SEC Materials
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 and on our current plans, estimates and expectations. The inclusion of this forward-looking information should not be regarded as a representation by us or any other person that the future plans, estimates or expectations contemplated by us will be achieved. Such forward-looking statements are subject to various risks and uncertainties and assumptions relating to our operations, financial results, financial condition, business prospects, growth strategy and liquidity, which are discussed in more detail in our filings with the Securities and Exchange Commission and available at www.sec.gov and on this site. If one or more of these or other risks or uncertainties materialize, or if our underlying assumptions prove to be incorrect, our actual results may vary materially from those indicated in these statements. These factors should not be construed as exhaustive and should be read in conjunction with the other cautionary statements that are included in this prospectus. We do not undertake any obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Jurisdictional Issues
The Site is controlled and operated by Orchard Global Capital Group from its offices within the Province of Ontario, Canada. Orchard Global Capital Group makes no representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations 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 Capital Group to any registration or other requirement within such jurisdiction or country. Orchard Global Capital Group reserves the right to limit access to the Site to any person, geographic region or jurisdiction.
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.ozcap.com domain name or made via this Site may not be secure. Communications to Orchard Global Capital Group, particularly those containing confidential information, should be sent by mail to: OGAM Ltd 130 Adelaide Street West, Suite 3000, Toronto, Ontario M5H3P5, Canada. 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 Capital Group shall have no obligation of any kind with respect to such information. Orchard Global Capital Group 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 Capital Group 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 Capital Group cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Orchard Global Capital Group 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 Capital Group with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.
Governing Law and Consent to Jurisdiction
These terms and your use of the Site shall be governed by the laws of Canada without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Province of Ontario.
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 Capital Group reserves the right to alter or delete materials from this Site at any time at its discretion.
Orchard Global Capital Group is Authorized and Regulated by the Financial Services Authority
This Site is issued or approved by Orchard Global Asset Management LLP ("OGAML") which is authorized and regulated by the Financial Services Authority ("FSA"). OGAML, whose registered office is at 29 Bunhill Row, London EC1Y8LP, England, appears in the FSA's Register (Registration No. 494250).
OGAML is subject to the FSA rules and guidance, details of which can be found on the FSA's website at www.fsa.gov.uk. The FSA regulates the financial services industry in the UK and is located at 25 The North Colonnade, Canary Wharf, London E14 5HS.
Commitment to the UK Stewardship Code
Under Rule 2.2.3R of the FSA's Conduct of Business Sourcebook, OGAML is required to disclose in an accessible form a statement about the nature of its commitment to the UK Financial Reporting Council's Stewardship Code (the "Code") or, where it does not commit to the Code, its alternative investment strategy. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers. Investors that commit to the Code can either comply with it in full or choose not to comply with aspects of the Code, in which case they are required to explain their non compliance.
OGAML pursues a multi-strategy approach to investing that involves it trading in global equities, including some UK equities. The Code is therefore relevant to some aspects of OGAML's trading. While OGAML generally supports the objectives that underlie the Code, OGAML has chosen not to commit to the Code. OGAML invests in a variety of asset classes and in a variety of jurisdictions globally. OGAML's policies in relation to engagement with issuers and their management are determined globally, on groupwide basis. The group takes a global approach to engagement with issuers and their management in all of the jurisdictions in which it trades and, consequently, OGAML does not consider it appropriate to commit to any particular voluntary code of practice relating to any individual jurisdiction.
