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Disclosures

Last Updated July 2023

Terms of Use

These terms of use (the “Terms of Use”) constitute a legally binding agreement between Capital Value Securities Pty Limited. (together with its affiliates, “Capital Value Securities”) and you, the user of the Capital Value Securities website (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.

Capital Value Securities reserves the right to amend the Terms of Use in its sole discretion at any time. Capital Value Securities will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with Capital Value Securities or for internal business purposes in furtherance of an existing business relationship with Capital Value Securities. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  • Use the Site for any commercial purpose or for the benefit of any third party;
  • frame or hyperlink the Site or any portion thereof without the prior written consent of Capital Value Securities;
  • Remove any proprietary notices from the Site or any copy thereof;
  • Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Capital Value Securities with respect to the Site and/or data transmitted, processed or stored by Capital Value Securities; or
  • Use the Site for any illegal or fraudulent purpose.

Regulatory Disclosures

The content of this Site is for general, informational purposes. Capital Value Securities does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant Capital Value Securities Fund (the “Fund”) which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided herein is believed to be accurate and reliable, Capital Value Securities, its advisors and employees make no express warranty as to its completeness or accuracy.

Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice.

The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of Capital Value Securities.

This Site includes information regarding Capital Value Securities past and present portfolio companies. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to Capital Value Securities past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of Capital Value Securities. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

Assets under management (“AUM”) as of 09/30/23. Capital Value Securities’s AUM generally represents the net asset value (“NAV”) of assets Capital Value Securities manages based on US GAAP plus unfunded commitment amounts as of the measurement date. NAV refers to the fair value of the assets of a fund less the liabilities of the fund. NAV and unfunded commitment amounts do not include assets in certain employee contribution vehicles.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Capital Value Securities shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Capital Value Securities. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Capital Value Securities or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Capital Value Securities or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Capital Value Securities or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

The Site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims or representations made by Capital Value Securities, either express, implied or statutory, with respect to the Site, including warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Capital Value Securities further does not represent or warrant that the Site will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.

Limitation of Liability

Capital Value Securities does not assume any liability or responsibility for the Site or the Content. Capital Value Securities is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

Under no circumstances will Capital Value Securities be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Capital Value Securities, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. Capital Value Securities reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Capital Value Securities for all liabilities, losses or damages. You agree to provide Capital Value Securities with whatever cooperation it reasonably requests.

Password Protected Investor Website

If you have received a password to access information provided to investors in the Funds website (the “Investor Website”), you acknowledge and agree that Capital Value Securities has granted you limited access to specific information pertaining to certain Funds, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify Capital Value Securities immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of Capital Value Securities.

The Investor Website may contain material non-public information regarding the Funds or portfolio companies. It is a violation of Australian securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.

If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.

Privacy

Your privacy is very important to us at Capital Value Securities. To better protect your rights we have provided the Capital Value Securities Privacy Statement to explain our privacy practices in detail.

Termination

Capital Value Securities may terminate your access to this Site at any time, for any reason and without notice.

Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact Capital Value Securities.

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