Terms and Conditions

 

Thank you for visiting the website (“Website”) of African Mineral Exploration & Development (AMED Funds). For the purposes of this Privacy Policy “AMED Funds” (and “we” and “us”) shall mean African Mineral Exploration & Development Fund SICAR, African Mineral Exploration & Development GP, and their related affiliates and its or their partners, members, directors, officers and employees, as the context requires.

By accessing and using the www.amedfunds.com Website and any pages thereof, you acknowledge to have reviewed the following important legal information and understand and agree to the terms and conditions set therein. If you do not agree to the terms and conditions below, do not access or use this Website in any way.

The user’s access to and use of the Website and any pages thereof, and the terms and conditions of this legal information are governed by the laws of the Grand Duchy of Luxembourg. Place of jurisdiction is the Grand Duchy of Luxembourg.

The information and services provided on this Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject the entities of AMED Funds to any registration requirement within such jurisdiction or country. Persons or entities in respect of whom such prohibitions apply must not access or use the site.

This Website addresses only persons who are not prohibited under the applicable laws of their citizenship, domicile or residence from having access to such Website. The information and services provided on this site are not intended for distribution to, or use or access by, any person or entity in any jurisdiction or country where such distribution, use or access would subject AMED Funds or any entity within the AMED Funds Group to any registration or licensing requirement or to any other penalty within such jurisdiction or country. The access or use of this site by persons or entities to which such restrictions apply is prohibited.

The Website is provided for information purposes only. In particular, the information provided does not constitute investment advice or an offer by AMED Funds to provide any service described herein, or an offer or a solicitation of an offer to buy or sell any securities or any other investment product.

Services described herein are not available to all persons in all geographical locations. AMED Funds will not provide any such services to any person if in the view of AMED Funds (without AMED Funds having an obligation to verify this) the provision of such services could be in violation of law or regulation in such person’s home country jurisdiction or any other related jurisdiction.

Proprietary information

This Website is protected by copyright and no part of the material on this Website may be copied or duplicated in any form, by any means or redistributed without the prior written consent of AMED Funds. Web content and materials The information and materials contained in this Website and the terms and conditions of the access to and use of such information and materials are subject to change without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to local law and regulation. The information in the Website is descriptive of AMED Funds as a whole and the services, securities and financial instruments described may not be available to or suitable for you.

Expressions of opinion on the Website are those of the author’s only. AMED Funds or its contractual partners may discontinue or make changes in the information or services described herein at any time. Any dated information is published as of its date only and no obligation or responsibility is undertaken to update or amend any such information. AMED Funds reserves the right to terminate any or all web offerings without prior notice to the user.

Limited reliability

Any data, including but not limited to financial market data, quotes, news, research or information accessible through this Website (the “Information”) have been obtained from sources believed to be reliable but which have not been independently verified. No guarantee, representation or warranty is given and no responsibility or liability, contingent or otherwise, as to its accuracy, completeness, timeliness or correct sequencing or for any decision made or action taken by you in reliance upon the Information is accepted. There may be delays, omissions or inaccuracies in the Information.

All such Information is provided “as is” to the user without express or implied warranties of any kind including the warranties of merchantability, originality, non-infringement of intellectual property or fitness for any particular purpose.

Exclusion of liability

In no event, including (without limitation) negligence, will AMED Funds or its contractual partners be liable to you or anyone else for any consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses and damages) that result including (without limitation) from inconvenience, delay, loss, access or use of, or the inability to access or use, elements of the Website, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this Website, or for the incompatibility between this Website and files and the user’s browser or other site accessing program, even if AMED Funds or its contractual partners have been advised of the possibility of such damages or losses. Some jurisdictions do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages or the exclusion of certain implied warranties, so that these disclaimers and limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.

There is no other warranty of any kind, express or implied, regarding the information. There is no representation or warranty that the Website services will meet any user’s requirements, is uninterrupted, timely and secure or error free.

No recommendation or offer of service

The information provided is for general informational purposes only and should not be considered an individualized recommendation or personalized investment advice. Users are urged to base their investment decisions upon the appropriate investigations that they deem necessary.

Nothing in this Website should be construed as an offer or the solicitation of an offer to purchase or subscribe or sell any investment or to engage in any other transaction. Furthermore, by offering information or services via this Website, no solicitation is made to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law or regulation. You further acknowledge that none of the information is intended as legal, tax or other advice.

Material interests

AMED Funds and/or its directors, officers and employees may have or have had interests, relationships or other arrangements which may be material in any of the investments, businesses, fund or arrangements described on this Website.

Investment performance

The past is not necessarily a guide to the future performance of an investment. The value of investments may fall as well as rise and investors may not get back the amount invested. Changes in rates of foreign exchange may cause the value of investments to go up or down.

Monitoring

Please note that all your movements on this Website may be recorded and analyzed for security, marketing and system monitoring purposes, among others.

Linked sites

Links to non-AMED Funds Sites are provided solely as pointers to information on topics that may be useful to users of the Website, and the Company has no control over the content on such non-AMED Funds Group websites. No warranties, either express or implied, concerning the content of such site, is made including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does AMED Funds warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. No guarantee as to the authenticity of documents on the Internet is given. Links to non-AMED Funds Group websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

Confidentiality

Please note that when using any Internet facility (i.e. this Website) data are transported over an open network which is accessible to third parties. Data are also regularly transmitted across international borders. This also applies to data transfers where both the sender and recipient are located in the same country. It is therefore possible for a third party to understand that you are accessing AMED Funds’s website.

If you receive a password from us to access your account it is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Non-Exclusivity

Please do not send us any confidential or proprietary material as we do not agree to obligations of nondisclosure or non-use of such material. We receive a large number of business plans and other proposals, which may be similar to one another or overlap. We reserve the right to review only those which appear to us to fit our investment criteria from time to time and to reject proposals without giving a reason or returning material sent to us. We are not restricted in any way from pursuing opportunities with others. AMED Funds and funds under its management or advice invest in many companies, some of which may compete with one another.

Privacy Policy

AMED Funds Partners will only use your personally identifiable information in accordance with the Privacy Policy , the terms of which are included by reference into these terms and conditions.

Severability

If any provision of these terms and conditions is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction: the validity, legality and enforceability under the law of that jurisdiction of any other provision; and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.