All persons using the Triada website (“Site”) expressly agree to the foregoing as a pre-condition to using the Site for any purpose whatsoever.
Terms and Conditions
The information on this website is approved for publication by Triada Capital Limited (“Triada”) and includes information about funds and investment vehicles managed by Triada (the “Triada Funds”).
Neither this Site nor any document contained in it constitutes investment advice, or an offer or solicitation to sell, or a solicitation of an offer to buy interests in the Triada Funds, or any other investment product (nor shall any such shares or product be offered or sold to any person) in any jurisdiction in which an offer, solicitation, purchase or sale would be unlawful under the securities law of that jurisdiction.
An investment in the Triada Funds may not be suitable for all investors and should only be made on the basis of the Triada Funds’ private placement memorandums, subscription agreements and their terms and conditions. Prior to making any investment or hiring any investment manager you should consult with a professional financial, legal and tax advisors to assist in due diligence as may be appropriate for determining the appropriateness of the risk associated with a particular investment. In no event shall Triada be responsible or liable for the correctness of any such material or for any damage or lost opportunities resulting from use of the data presented on this Site and the documents contained herein.
All information contained herein is provided “as is” and Triada expressly disclaims making any express or implied warranties with respect to the fitness of the information contained herein for any particular usage, its merchantability or its application or purpose.
By accessing this website you represent that you are permitted by the laws of your jurisdiction of residence to access this site and the information contained herein.
For residents of Hong Kong
Triada is licensed and regulated by the Hong Kong Securities and Futures Commission (“SFC”) as a Type 9 asset manager and Type 4 advising on securities. No other Triada group entity is currently licensed or regulated by the SFC. Triada Funds are not currently authorized by the SFC and, hence, are not available for investment by Hong Kong retail investors. The information on this website has not been reviewed by the SFC or any regulatory authority in Hong Kong. The information you are about to access is available in Hong Kong only to “professional investors” and only such persons are eligible to act on the information herein. As defined in the Securities and Futures Ordinance (Cap 571, Laws of Hong Kong) and its subsidiary legislation, “professional investors” include the following: 1) exchange companies and other automated trading facilities; 2) licensed financial intermediaries, their wholly-owned subsidiaries and holding companies; 3) licensed banks, their wholly-owned subsidiaries and holding companies; 4) licensed insurers; 5) authorised retail funds; 6) Hong Kong mandatory provident fund schemes or a trustee or an investment manager of any such scheme; 7) any government or central banking authority; 8) an individual with a portfolio of investments valued at least HK$8,000,000; 9) an investment holding company wholly-owned by an individual referred to in preceding category 10) a trust corporation with total assets of at least HK$40,000,000; and 11) a corporation or partnership having a portfolio valued at least HK$8,000,000 or total assets of at least HK$40,000,000.
Any resident of Hong Kong accessing this Site hereby certifies that it is a “professional investor”, as described above.
For residents of the United States of America
Triada is not registered with the United States Securities and Exchange Commission (“SEC”) as an investment advisor. The information on this website has not been reviewed by the SEC or any regulatory authority in the United States. The information you are about to access is available in the United States only to “accredited investors” and only such persons are eligible to act on the information herein. As defined in Rule 501(a) of Regulation D of the United States Securities Act, “accredited investors” include the following: 1) A business in which all the equity owners are accredited investors; 2) a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds US$1,000,000 at the time of the purchase; 3) a natural person with an individual income in excess of US$200,000 or in excess of US$300,000 with his or her spouse in each of the two most recent years and who has a reasonable expectation of an income in excess of US$200,000 individually or in excess of US$300,000 with his or her spouse in the current year; 4) a bank, insurance company, registered investment company, business development company, or small business investment company; 5) a trust with assets in excess of US$5,000,000, not formed to acquire the securities offered, whose purchases a sophisticated person makes; 6) a charitable organization, corporation, or partnership with assets exceeding US$5,000,000; and 7) an employee benefit plan, within the meaning of the United States Employee Retirement Income Security Act, if a bank, insurance company, or registered investment adviser makes the investment decisions, or if the plan has total assets in excess of US$5,000,000.
Any resident of the United States accessing this Site hereby certifies that it is an “accredited investor”, as described above.
Change to status
Additionally, by accessing the password-protected area of this Site, you agree to immediately contact Triada if there is any change in your status as an “accredited investor” or “professional investor”, as applicable. All registered users, including individuals and entities, should communicate with their legal advisors if they believe that their status as an accredited investor or professional investor has changed. If a registered user’s status as an accredited investor or professional investor has changed, such registered user agrees to immediately notify Triada of such change.
Privacy Policy
Triada may require that you provide current and accurate financial and personal information. Triada protects the information you have provided in a manner that is safe, secure and professional. Triada and its employees are committed to protecting your privacy and to safeguarding that information.
Safeguarding Customer Documents
We collect non-public customer data in checklists, forms, in written notations, and in documentation provided to us by our customers for evaluation, registration, licensing or related consulting services. We also create internal lists of such data.
During regular business hours access to customer records is monitored so that only those with approval may access the files. During hours in which the company is not in operation, the customer records will be locked.
No individual who is not so authorized shall obtain or seek to obtain personal and financial customer information. No individual with authorization to access personal and financial customer information shall share that information in any manner without the specific consent of a member of Triada’s senior management. Failure to observe Triada’s procedures regarding customer and consumer privacy will result in discipline and may lead to termination.
Sharing Non-public Personal and Financial Information
Triada is committed to the protection and privacy of its customers’ and consumers’ personal and financial information. Triada will not share such information with any affiliated or non-affiliated third party except:
- When necessary to complete a transaction in a customer account, such as with a clearing firm or account custodians;
- When required to maintain or service a customer account;
- To resolve customer disputes or inquiries;
- With persons acting in a fiduciary or representative capacity on behalf of the customer;
- With rating agencies, persons assessing compliance with industry standards, or to Triada’s legal counsel accountants and auditors;
- In connection with a sale or merger of the Triada’s business;
- To protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability;
- To comply with federal, state or local laws, rules and other applicable legal requirements;
- In connection with a written agreement to provide investment management or advisory services when the information is released for the sole purpose of providing the products or services covered by the agreement; or
- In any circumstances with the customer’s instruction or consent.
Opt-Out Provisions
It is not a policy of Triada to share non-public personal and financial information with affiliated or unaffiliated third parties except under the circumstances noted above. Since sharing under the circumstances noted above is necessary to service customer accounts or is mandated by law, there are no allowances made for clients to opt out.
Confidentiality and Non-compete
By accessing the Site, you may have receive non-public confidential information (the “Confidential Information”) relating to Triada, the Triada Funds and/or investments made, or to be made, by them (the “Investments”). By accessing the Site, you expressly agree:
(a) to protect the Confidential Information and not to disclose it to any third party (other than your directors, officers and employees);
(b) not to use the Confidential Information for any purpose other than to evaluate a potential investment in a Triada Fund; and
(c) in respect of any Investment, not to directly or indirectly approach, negotiate with, or solicit any potential Investment (or any other investment or financing) from a Restricted Stakeholder for a period of 12 months following final receipt of any Confidential Information in relation to that Investment. For these purposes, “Restricted Stakeholder” means, in relation to an Investment, any relevant buyer, seller, shareholder, investor, stakeholder, target, obligor or issuer (and/or their affiliates) under that Investment who is named or described in the Confidential Information.
General
Triada reserves the right to terminate, at any time, any registered user’s access to this Site without giving notice or a reason for such termination to the user.
Users of this Site may view, download and print information and materials on this Site for their personal and internal business use provided that all hard copies contain all copyright and other applicable notices. No users may reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign or publish any information obtained from this Site. No users shall use this Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using this Site.
Triada, and the logos and marks included on the Site that identify Triada services and products are proprietary materials. The use of such terms and logos and marks without the express written consent of Triada is strictly prohibited. Copyright in the pages and in the screens of the Site, and in the information and material therein, is proprietary material owned by Triada unless otherwise indicated. The unauthorized use of any material on this Site may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws.