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1. Introduction
Thank you for visiting the website (the “Site”) of Falcon House Capital Management Pte. Ltd. (“FHCM” and, together with its affiliates, “Falcon House”, “we” or “us”). By accessing or using the Site, you hereby acknowledge, accept, and agree to comply with the following terms and conditions (the “Terms of Use”) pertaining to the use of the Site. You also acknowledge that you have read and understood and, to the extent applicable, agree to be bound by certain regulatory information pertaining to FHCM contained in our Regulatory Notice and our Privacy Policy. You further acknowledge your understanding that that these Terms of Use constitute a binding legal agreement between you and Falcon House that governs your access to and use of the Site, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, graphics, user interfaces, visual interfaces, information, data, tools, software, products, written materials, services, and other content (together, “Content”) on the Site, including but not limited to the design, structure, selection, coordination, expression, and arrangement of the Content available on the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY EACH TIME BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
YOUR COMPLIANCE WITH THESE TERMS OF USE IS A CONDITION TO YOUR RIGHT TO ACCESS THE SITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR OTHER RULES, PROCEDURES, POLICIES, TERMS, AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE SHALL, AUTOMATICALLY AND WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE SITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS, AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
2. Ownership of Content; Copyrights & Trademarks
Falcon House grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms, or conditions that may govern all or any portion of the Site. At any time and for any reason, or for not reason, Falcon House may revoke your right to use all or any portion of the Site.
You may download Content only to the extent such download is expressly permitted on the Site. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, the Site or any Content.
Falcon House Partners, Falcon House, and FHP are trademarks of Falcon House. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo, or service mark on the Site. Anything transmitted to the Site by you becomes Falcon House’s property and may be used by us for any lawful purpose. Falcon House reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Content are or are subject to copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Falcon House, or by third parties who have licensed their intellectual property to Falcon House, and are protected by Singapore and international copyright laws. The compilation of all Content on the Site is the exclusive property of Falcon House and is also protected by Singapore and international copyright laws.
3. Updates to the Site
Falcon House reserves the right to make changes to the Site at any time without prior notice to you.
4. Site Security
You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (e) sending unsolicited email, including promotions or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available in third party web browsers; (h) reverse engineering, decompiling, or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations, or instructions from any portion of the Site or any Content, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges. Falcon House may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we conclude that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction.
5. Cookies
Our Site’s use of cookies and the ways in which you may disable or remove cookies are discussed in our Cookie Policy. Our Cookie Policy forms an integral part of these Terms of Use and you should review it carefully.
6. No Offer or Reliance
The Content on the Site is provided for informational purposes only and does not take into account any specific person’s objectives, financial situation, or needs. No Content on the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Falcon House or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.
Falcon House makes no representations that transactions, products, or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations.
While Falcon House uses reasonable efforts to obtain information from reliable sources, Falcon House makes no representations or warranties as to the accuracy, reliability, or completeness of any Content. Certain Content may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Falcon House undertakes no obligation to update publicly or revise any Content on the Site, whether as a result of new information, future developments, or otherwise. Content and any opinions therein are subject to change without notice.
Falcon House is not utilizing the Site to provide investment or other advice, and no Content is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no Content should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Falcon House does not advise on the tax consequences of any investment.
7. Past Performance
Past performance is not indicative of future results; no representation or warranty is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
8. No Warranty; Limitation on Liability
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER FALCON HOUSE NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER FALCON HOUSE NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE OR THE MATERIALS OR SERVICES OFFERED ON THE SITE NOW OR IN THE FUTURE. FALCON HOUSE AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SITE, CONTENT, OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES FOR ANY PURPOSE.
UNDER NO CIRCUMSTANCES WILL FALCON HOUSE OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE, INCONVENIENCE OR DELAY, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE OR ITS CONTENT. THIS IS TRUE EVEN IF FALCON HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of Falcon House has been advised of or should have knowledge of the possibility of such damages.
9. International Use
The Site is operated and controlled by FHCM in Singapore, and is intended for use solely by Singapore residents who are “institutional investors” or “accredited investors” within the meaning provided in the Singapore Securities & Futures Act (Cap. 289), as amended. Despite the global nature of the Internet, Falcon House makes no claims that the Content or the Site are appropriate or may be viewed or used outside Singapore. Access to the Site from countries or territories where such access is illegal is prohibited. Falcon House makes no representations that the transactions, products, or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, rules, and regulations.
10. Third Party Content & Linked Sites
References on the Site to any names, marks, products, or services of third parties, or hypertext links to third-party websites or information provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of any such third party, its information, materials, or services. We are not responsible for the practices or policies of such third parties, nor the information on any third-party websites, and do not make any representations regarding third-party materials or services, or the accuracy of any material on such third-party websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
11. Blogs & Social Networks
Certain areas on the Site may allow you to participate in blog discussions and other forms of social networking. These blogs and social networks are accessible to other users, and any information posted in such areas can be read, collected, shared, or otherwise used by other users who access the Site. You are solely responsible for any information you choose to submit in these forums.
12. Disclosure Regarding Falcon House Social Media Channels
The Content on Falcon House’s social media channels, which may include Twitter, Instagram, LinkedIn, YouTube, Facebook, or other similar channels, is provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Falcon House does not warrant the accuracy, completeness, or usefulness of the information available on its social media channels. Falcon House does not control and is not responsible for any third-party content on such channels, or on other third-party websites that may be linked to by such channels. Such third-party content or websites should not be presumed to reflect the views of Falcon House or our staff. Falcon House is not responsible for the ramifications of your use of such channels, or such-third party content or websites, or for any third party’s policies or practices regarding security, privacy, use, or other matters.
13. Warning Regarding Web Fraud & Phishing
Our name, brands and reputation may be misused by imposters and frauds publishing fake websites and engaging in “phishing” scams seeking personal or confidential information.
When communicating with Falcon House through digital media, please:
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Confirm you are visiting a Falcon House authorized website.
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Do not share your password and login ID with anyone, including anyone from Falcon House. Certain Falcon House websites are private, available only to clients through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized website, Falcon House will never ask you for your password or login information. (If you forget your password or login, we will issue you new ones.)
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Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other office locations are authorized offices of Falcon House.
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Do not send e-mails to anyone with an address other than authorized Falcon House e-mail addresses. Falcon House only uses “@FalconHousePartners.com” for e-mail addresses. Falcon House does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts.
If you have any questions about the above, please contact Falcon House using our Contact Us page.
14. Termination of Use
These Terms of Use are effective unless and until terminated by either you or Falcon House. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms of Use, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you access to the Site. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all Content downloaded or otherwise obtained from the Site, as well as all copies of such Content, whether made under these Terms of Use or otherwise.
15. Indemnification
As a condition of your use of the Site, you agree to indemnify and hold Falcon House and its Associates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited, to reasonable attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of these Terms of Use.
16. Representations & Warranties
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use; and (iii) you will not delete any Content.
17. Effect on Other Agreements
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with Falcon House (including without limitation any limited partnership or other investment agreement) (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreement, the Other Agreement will govern. Some pages on the Site contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms of Use. In the event of a conflict, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
18. Interpretation; Governing Law
Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
These Terms of Use are governed by the laws of Singapore without regard to the conflict of law provisions thereof. Any claim related to any dispute arising as a result of the Site or under these Terms of Use will be made before the court of Singapore.
If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and each provision of these Terms of Use is intended to be severable and separately enforceable. The failure of Falcon House to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Falcon House’s rights with respect to such breach or any subsequent breaches.
19. Arbitration
By using the Site, you agree that Falcon House may, at its sole discretion, require you to submit any disputes arising from the use of the Site, related services, or these Terms of Use concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this Section. One (1) arbitrator shall be appointed in accordance with the SIAC Rules; the seat of arbitration shall be Singapore; and the language of arbitration shall be English.
20. Contact Information
You may find contact information for Falcon House on the Contact Us page of the Site.
21. Access & Revisions to these Terms Of Use
You may obtain the current version of these Terms of Use by visiting our Site. We will indicate in this section of these Terms of Use when they were last updated. We reserve the right to update or modify these Terms of Use at any time and without prior notice to you.
For this reason, each time you use this Site you should review these Terms of Use for any changes that may apply to your use of the Site at such time.
These Terms of Use were last updated on 14 January 2022.