By using the Services, you are confirming your consent to be bound by the terms of this Agreement. If you do not agree, GeneSys Private Fund is not willing to provide you with access to the Services and you should immediately discontinue your use of the Services.
You agree that GeneSys Private Fund may modify this Agreement at any time in its sole discretion and without prior notice to you. Such changes will be posted online and will be effective upon posting. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance to the Agreement, as amended. If you do not agree to the changes, you must notify GeneSys Private Fund in writing or by telephone of your refusal and discontinue your use of the Services.
Use of the Services
No warranties made as to content; no responsibilities to update: GeneSys Private Fund makes no warranty, express or implied, concerning this service. The services provided by us and our third party providers are on an "AS IS" basis at your sole risk. GeneSys Private Fund expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
These Services are intended for your personal, non-commercial use.
By using the above-mentioned Services and the software provided by GeneSys Private Fund, you acknowledge and agree that:
- check_box You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of GeneSys Private Fund. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information.
- check_box You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.
- check_box You shall not use the Information for any unlawful or unauthorised purpose.
- check_box The use and interpretation of the Services requires skill and judgment, and you shall at all time exercise your own judgment in the use of the Services.
- check_box You are responsible for all statements made and acts or omissions that occur while your user identification name (or "User Name") and passwords are being used. You are responsible for protecting and securing your User Name and Password from unauthorised use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on the GeneSys Private Fund’s website, such as the theft or unauthorized use of your User Name, Password, or any other information, you will notify GeneSys Private Fund immediately.
- check_box The Services and the software have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and GeneSys Private Fund is not soliciting any action based upon it.
Disclaimer of Warranties
GeneSys Private Fund and the Information Provider(s) expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Although the Services provided have been obtained from sources deemed to be reliable, the Services are provided “AS-IS”, and GeneSys Private Fund and/or any third-party Information Provider(s) provide the Services without responsibility for accuracy and correctness. By using the Services you agree that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against GeneSys Private Fund or any Information Provider(s).
No liability for content; no liability arising from use:
Neither GeneSys Private Fund nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
- check_box GeneSys Private Fund shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service.
- check_box In no event will GeneSys Private Fund be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Web site, even if GeneSys Private Fund has been advised of the possibility of such damages. GeneSys Private Fund will not bear any responsibility to inform you of any difficulties experienced by GeneSys Private Fund or third parties, with respect to the use of the services or to take any action in connection therewith.
System Outages, Slowdowns, and Capacity Limitations/Delays in Order Routing, Executions, and Trade Reports
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Web site or communicating with GeneSys Private Fund through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's or GeneSys Private Fund's can experience unanticipated outages or slowdowns, or have capacity limitations.
No representations made as to other sites or links.
This service may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. GeneSys Private Fund is providing such links solely as a convenience to you. Accordingly, GeneSys Private Fund makes no representations concerning the content of the Sites. The fact that GeneSys Private Fund has provided a link to the Site does not constitute an endorsement, authorisation, sponsorship, or affiliation by GeneSys Private Fund with respect to the Site, its owners, or its providers. GeneSys Private Fund has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
Any claims arising from this Agreement will be governed by and construed in accordance with the laws of Cayman Islands and shall be subject to the exclusive jurisdiction of the Cayman Islands Courts.