1. Introduction
These Terms of Use ("Terms") govern your access to and use of the Titanbay website and platform (the "Platform"), operated by Titanbay Ireland Limited ("Titanbay", "we", "us"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
2. Eligibility & access
The Platform and its content are intended only for professional, semi-professional and otherwise eligible investors and intermediaries, and only in jurisdictions where it is lawful to access them. You represent that you meet the applicable eligibility criteria and that your access does not breach any law or regulation applicable to you.
Access to certain funds and materials is restricted by jurisdiction and investor classification. We may verify your status and may restrict or withdraw access at our discretion.
3. Use of the Platform
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
- misuse, disrupt or attempt to gain unauthorised access to the Platform or its systems;
- copy, reproduce, distribute or create derivative works from Platform content except as expressly permitted;
- use the Platform to transmit unlawful, misleading or harmful material; or
- circumvent any access controls, eligibility checks or security measures.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
4. No advice
Nothing on the Platform is, or may be relied on as, legal, tax or investment advice, nor any recommendation or opinion on the appropriateness or suitability of any investment strategy. You should obtain independent professional advice before making any investment decision.
5. No offer or solicitation
The information on the Platform does not constitute an offer to sell or a solicitation of an offer to buy any financial instrument, and no warranty is given as to the suitability of any fund offered on the Platform for any recipient. Any offer is made solely on the basis of the relevant fund's constitutional and offering documents.
6. Intellectual property
All intellectual property rights in the Platform and its content are owned by or licensed to Titanbay. 'Titanbay' is a registered trade mark of Titanbay Ltd and the Titanbay device is an unregistered trade mark of Titanbay Ltd. You are granted a limited, non-exclusive, non-transferable licence to access the Platform for your internal business purposes only.
7. Third-party content & links
The Platform may include content from, or links to, third parties including fund managers, administrators, custodians and transfer agents. We do not control and are not responsible for third-party content, and the inclusion of any link does not imply endorsement.
8. Limitation of liability
To the fullest extent permitted by law, the Platform and its content are provided "as is" without warranties of any kind. Titanbay shall not be liable for any indirect, incidental or consequential loss, or for any loss of profits, arising from your use of, or inability to use, the Platform. Nothing in these Terms excludes liability that cannot lawfully be excluded.
9. Indemnity
You agree to indemnify and hold harmless Titanbay and its affiliates from any claims, losses or expenses arising out of your breach of these Terms or your misuse of the Platform.
10. Changes to these Terms
We may update these Terms from time to time. Changes take effect when posted on the Platform. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.
11. Governing law
These Terms are governed by the laws of Ireland and the courts of Ireland have exclusive jurisdiction over any dispute arising out of or in connection with them, save where applicable mandatory law provides otherwise.
For questions about these Terms, please contact us or write to Titanbay Ireland Limited, 26/27 Pembroke Street Upper, Dublin, D02 F5Y6, Ireland.
