Disclaimer

Our Data Privacy and Protection Policy may be viewed here.

Website Terms and Disclaimer

Copyright Notices

The works of authorship contained in this website including but not limited to all design, text, sound recordings and images are owned, except as otherwise expressly stated, by Opus Fund Services (Bermuda) Ltd., (“Opus”). Except as otherwise expressly stated they may not be copied, transmitted, displayed, performed, distributed for compensation or otherwise, licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Opus’s prior written consent.

Web Content and Materials

The information and materials contained in this website (collectively, the “Information”) – and the terms and conditions of the access to and use of such Information are subject to change without notice. Your eligibility for particular products and services is subject to final Opus determination and acceptance.

OPUS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND OPUS DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. OPUS RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB OFFERINGS WITHOUT PRIOR NOTICE TO THE USER. FURTHER BY OFFERING INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO SOLICITATION IS MADE BY OPUS TO ANY PERSON TO USE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.  The information, products or services usage may be monitored, recorded, and subject to audit, unauthorized use of the information, products or services is prohibited and may be subject to criminal and civil penalties and the use of the information, products or services indicates consent to monitoring and recording.

Third-Party Documents

Opus Fund Services (Bermuda) Ltd and/or Opus Fund Services (USA) LLC and/or any of their subsidiaries or related entities (“Opus”) assumes no responsibility or liability for any errors or omissions in the content of any document provided by Opus under the instruction of its client including but not limited to client letters, appendices, returns data and any associated draft calculations/data (the “Third-Party Documents”).

Where applicable, any Third-Party Documents provided by Opus are produced by a third party and have not been reviewed by Opus.

The Third-Party Documents are provided strictly at the request of Opus’ client and are provided on an “AS IS” basis with no guarantees of completeness, accuracy, usefulness or timeliness, and all representations or warranties, express or implied, are hereby disclaimed. Opus shall not be liable to a recipient of any of the Third-Party Documents or to any other person or entity for special, indirect or consequential damages arising out of the information contained in the Third-Party Documents, including but not limited to lost profits, even if Opus has knowledge of the possibility of such damages. Opus shall not be responsible for a recipient’s or any other person’s use of the information contained in the Third-Party Documents. Opus is not a fiduciary or trustee of the Fund, its general partner, Fund Manager, affiliate, or any investor. Opus is not a public accounting firm or law firm and does not provide public accounting, auditing, valuation services, legal services, or advice. You agree that the Third-Party Documents do not create any contractual right against or reliance on Opus by you or any other person. You acknowledge that every business decision represents an assumption of risk and that Opus, in providing the Third-Party Documents do not and cannot underwrite or assume your (or any other party’s) risk in any manner whatsoever.

NEITHER OPUS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES  OR AGENTS WILL HAVE ANY TORT, CONTRACT OR ANY OTHER LIABILITY TO ANY USER OF THE THIRD-PARTY DOCUMENTS PROVIDED BY OPUS AT THE INSTRUCTION OF ITS CLIENT HEREIN, OR RELIANCE ON ANY OF THE THIRD-PARTY DOCUMENTS OR SERVICES PROVIDED BY OPUS, REGARDLESS OF WHETHER  THE THIRD-PARTY DOCUMENTS CONTAIN INACCURACIES, OMISSIONS, ERRORS, DELAYS OR OTHER DEFICIENCIES, AND REGARDLESS OF THE FORM OF ACTION, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHATSOEVER, EVEN IF OPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTY REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (IRRESPECTIVE OR ANY COURSE OF DEALING, CUSTOM OR USAGE OR TRADE) CONCERNING THE CONTENT OF THIRD-PARTY DOCUMENTS PROVIDED BY OPUS ARE COMPLETELY DISCLAIMED.

Wire Payments Requests – Liability Disclaimer

Opus accepts no responsibility and /or liability for wire transfers not delivered because the client has not accurately and completely entered all of the required information into the Symphony system. It is the customer’s responsibility to verify that all of the required information has been entered correctly into Symphony. Opus will seek to notify the customer by e-mail if a wire is not successfully completed and /or transmitted. The client can check the wire payment history on Symphony, as well as their e-mail, to verify that a transfer was successfully completed. In addition, clients are responsible for taking note of notices posted on the Symphony home page regarding changes to wire transfer procedures and requirements instituted from time to time by the various international banking and clearing organisations.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, OPUS IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR THROUGH THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED “AS IS” TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, OPUS WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL OPUS BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OPUS’S CONTROL. NO LICENCE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN OPUS AND THE USER, OPUS WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER AND/OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. OPUS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER AND/OR ANY THIRD PARTY REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE DAMAGES WHATSOEVER, EVEN IF OPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our services have not been registered or licensed under any United States securities legislation and are not being offered, directly or indirectly, in the United States or in any of its territories or possessions or areas subject to its jurisdiction or to its citizens or persons thereof. “United States” is herein defined meaning the United States of America (including the States and the District of Columbia), its territories, its possessions and other areas subject to its jurisdiction including the Commonwealth of Puerto Rico and “U.S. person” means any national, citizen or resident of the United States, a corporation, partnership or other entity created or organised in and under the laws of the United States or any political subdivision thereof, and any estate or trust which is subject to United States federal income taxation regardless of the source of its income.

The user acknowledges that the Information contains confidential, proprietary, trade secret and other commercially sensitive information, and shall be kept strictly confidential and not disclosed to any person or entity not a recipient of login credentials to the website, to the fullest extent permitted by law. To the extent disclosure of any portion of the Information is sought, the user or other party from whom such disclosure is sought shall disclose only that portion of the Information that is legally required to be disclosed and shall, to the fullest extent permitted by law, provide written notice to Opus within two business days of the request and cooperate with Opus to avert or otherwise mitigate such request. The user agrees that the user will not attempt to download, scan, copy, print or otherwise capture any of the Information contained on the website, except that the user may print or download information for which such capability has been enabled. Login credentials to the website may only be used by the person to whom they have been issued, and the user’s login credentials to access the website may be revoked by Opus at any time and for any reason. Without the prior consent of Opus, the user agrees that the user will not share the users login credentials to the website with any other person or entity. Any reproduction or distribution of the Information, in whole or in part, or the disclosure of their contents, without the prior written consent of Opus is prohibited. The user agrees to promptly return to Opus any Information that the user has downloaded upon request by Opus.

This website is dedicated to Opus clients only. The user’s access to and use of Opus website, and the terms of the disclaimer are governed by the laws of Bermuda.

By clicking the button “Accept Terms & Sign In”, the user acknowledges and agrees with Opus to the foregoing (including with respect to the obligation to keep the Information confidential).