Terms and conditions of use

This website is operated by TITANBAY INTERNATIONAL GP S.à r.l., a private limited liability company (société à responsabilité limitée) incorporated and existing under the laws of the Grand Duchy of Luxembourg, with its registered office at 7, Rue Genistre, L-1623 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés de Luxembourg - RCS) under registration number B241.168, acting in its own capacity and as managing general partner (associé commandité) of various investment funds (Funds) (together, “Titanbay”, “we”, “us” or “our”).

By accessing this website you agree to be bound by the terms of use described below. We may change any aspect of the website, or suspend it, at any time and without notice. We may also change these Terms and Conditions of Use at any time by posting a new version to the site. Any changes shall be effective when posted. Your continued use of this website after a change to these Terms and Conditions of Use constitutes your acceptance of any changes to the Terms and Conditions of Use.

No Offering
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. In particular nothing on this website is intended to constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Titanbay or any company in which the Fund or its affiliates have invested. Any such transaction may only occur between a prospective investor and the dedicated party separate and apart from the website.

Information on this website may not be accurate or current and may be rendered inaccurate by changes in law or regulation. You are responsible for obtaining your own legal, tax and financial advice before entering into any transaction or investment with Titanbay or the Fund.

By accessing this website, you agree to be bound by the Titanbay’s 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.

All content included on this website, such as graphics, logos, articles and other materials, is the property of Titanbay 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 Titanbay or the Fund. 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.

Limitation on Liability
We make no commitment regarding the availability, performance or functions of the site and give no warranty that your access to the site or use of the materials on the site will be lawful in any particular jurisdiction - you are responsible for compliance with local law and regulation. Neither we, Titanbay’s related companies or affiliates nor any of our respective directors, officers, employees, agents or other representatives will be liable for any loss or damage of any kind which arises or may arise as a result of or in connection with your use of (or inability to use) or reliance on information on the site or of any unavailability or failure of the site itself, including as a result of our negligence. We do not guarantee that material on this site will be free from infection, viruses, worms, Trojan horses and/or other similar code. You are responsible for virus checking and taking any other protective steps.

While the information on this website is believed to be accurate and reliable, neither Titanbay, the Funds nor any of their officers, directors, shareholders, agents and employees makes any warranty, express or implied, of any kind related to the adequacy, accuracy or completeness of any information or opinions contained on this website and does not represent that the material is accurate, current, or complete and the material should not be relied upon as such. We will have no responsibility to maintain the material or to supply any corrections, updates or releases concerning the material. By accessing the website, you acknowledge that we provide the contents of this site on an "as is" basis with no warranties of any kind. and that the opinions expressed on this site do not constitute investment advice. Your use of this site and use or reliance upon any materials or information on it is solely at your own risk and you should consult your investment, tax or legal advisors before you make any investment decision. We cannot be held liable for any damage that may result from the use of this website or the information contained therein or that may be obtained via this website.

Certain portions of the website may contain third-party content and may provide links to webpages and content of third-parties. Titanbay 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.

If you are accessing this website from a jurisdiction that does not permit the limitation or exclusion of liability as described herein, the provisions of these Terms and Conditions of Use shall apply to the maximum extent permissible in such jurisdiction.

By accessing this site, you agree to indemnify Titanbay and its affiliates, and each of their respective partners, stockholders, members, managers, officers, directors, employees, investment advisers and agents (collectively, the Titanbay Indemnitees) against, and hold the Titanbay Indemnitees harmless from, any and all claims, demands, debts, obligations, liabilities, damages (actual, consequential or special), costs and expenses of any kind whatsoever (collectively the Claims), including attorneys’ fees, arising from your use of this website. You hereby release the Titanbay Indemnitees from any and all Claims that you may have against the Titanbay Indemnitees arising out of or in any way related to such disputes.

Governing Law
Any dispute arising out of or in connection with this site or these Terms and Conditions of Use shall be governed solely by the laws of the Grand Duchy of Luxembourg and you hereby consent to the exclusive jurisdiction and venue of the courts of Luxembourg in all disputes arising out of or relating to the use of the website.

If, for any reason, any provision in these Terms and Conditions of Use is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder shall continue in full force and effect. 

Any failure or delay by Titanbay in enforcing an obligation or exercising a right under these Terms and Conditions of Use does not amount to a waiver of that obligation, or right or any other obligation or right.

Local Restrictions
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. If you are using the website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions of Use on such entity's behalf, and that such entity agrees to indemnify us for violations of these Terms and Conditions of Use.

This website is designed only for investors qualified as a professional investor within the meaning of the Luxembourg Law as amended of 30 May 2018 on financial market instruments or the Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments or a well-informed investor within the meaning of the Luxembourg Law of 23 July 2016 on reserved alternative investment funds as amended. In the UK, only investors that satisfy the requirements in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 to be categorized as High Net Worth Individuals, Sophisticated Investors, or Investment Professionals shall consult the website. If you are not categorized as such, please ignore this material.

The distribution of material on this website may be restricted by the laws or regulations of the country from which you are accessing this website. The information on this website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation. We make no warranties that the materials on this website are appropriate or available for use in such locations.

We decline all liability in relation to any person and invites users to check, prior to using the website, that there is no legal restriction to prevent or restrict the provision of the information on the website.