Last Updated: August 1, 2023
This website and any of its associated websites (the “Site”) are operated by Obsiido Capital Management Ltd. or its affiliate, Obsiido Alternative Investments Inc. (collectively, “Obsiido”). Obsiido Alternative Investments Inc. is registered as an investment fund manager in Ontario and as a portfolio manager and exempt market dealer in Ontario, British Columbia, and Alberta.
Obsiido is pleased to provide you with the services, content, and tools on the Site.
The Terms may be modified at any time by Obsiido. By using or accessing the Site, you agree to these Terms as well as any future amendments to the Terms. You can review the most current version of the Terms here. If you do not agree to the Terms, do not access or use the Site.
The Terms are in addition to any terms and conditions or agreements between you and Obsiido, including any account agreement or other agreement governing your use or access to the products, services, content or other information on the Site.
Obsiido may terminate your access to the Site for any reason, without prior notice.
All content on the Site is meant to be reviewed in its entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.
Currency of Content
Every effort has been made to ensure that the content on the Site is accurate as of the date of first publication; however, Obsiido cannot guarantee that it is accurate, complete or current at all times.
General Information Only
The Site is only intended to provide you with general information. The Site is not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard. You are encouraged to seek independent advice.
The views and opinions expressed herein are of Obsiido and are subject to change without notice.
The Site is neither an offer to sell nor a solicitation of an offer to purchase any investment fund or security, or another product or service, or to engage in any investment strategy or transaction, or a representation about the suitability or appropriateness of any product or service (as many factors unknown to us relating to your personal and financial circumstances may affect the applicability of any statement to you). The information on the Site does not constitute, and should not be construed as, investment advice. Any offer or sale of any securities referenced will be made according to the Obsiido Portfolios Offering Memorandum to eligible “accredited investors” or Obsiido Direct clients under applicable Canadian securities laws.
Any statement about a particular investment fund or company is not an endorsement or recommendation to buy or sell any such security. Investment managers represented in the Obsiido Portfolios, including SAF Group, Blackstone Inc., Blue Owl Capital, HarbourVest Partners, Bonnefield Financial Inc., Brookfield Asset Management Inc., The Carlyle Group, Neuberger Berman, Polar Asset Management Partners Inc., Waratah Capital Advisors Ltd., and Oaktree Fund Advisors, LLC have not (i) explicitly or implicitly endorsed or approved nor (ii) been involved in the preparation of the information contained on the Site.
The Site may contain forward-looking statements which reflect Obsiido’s current expectations or forecasts of future events. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as “expects”, “anticipates”, “intends”, “plans”, “believes”, “estimates”, “preliminary”, “typical”, and other similar expressions. In addition, these statements may relate to the future financial performance of a fund or a security and their future investment strategies and prospects. Forward-looking statements are not guarantees of performance, and are inherently subject to, among other things, risks, uncertainties and assumptions which could cause actual events, results, performance or prospects to differ materially from those expressed in, or implied by, these forward-looking statements. You should not place undue reliance on forward-looking statements.
The forward-looking information contained on the Site is current only as of the date of first publication. There should not be an expectation that such information will be updated, supplemented, or revised whether as a result of new information, changing circumstances, future events or otherwise.
Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Third-Party Sites and Content
The Site may link to third-party websites or display third-party content that is believed to be reliable. However, Obsiido does not prepare, edit or endorse such sites or content, and thus does not guarantee its accuracy, timeliness, completeness or usefulness. Obsiido is not responsible or liable for any content, advertising, products or other materials on or available from third-party sites.
Testimonials may not be representative of the experience of other customers and are not guarantees of future performance or success.
Investments in the Obsiido Portfolios
Investments in the Obsiido Portfolios are highly speculative and subject to a lack of liquidity that is generally available in other types of investments. An investment in the Obsiido Portfolios is not suitable for all investors. Before opening an account and investing, you should consider your investment objectives and risk tolerance as well as any fees charged by Obsiido. The rate of return on investments can vary widely over time, especially for the Obsiido Portfolios as they are meant to be long term investments. Investment losses are possible, including the potential loss of all amounts invested, including principal.
Please review the Offering Memorandum of the Obsiido Portfolios before making any investment decision. If there is an inconsistency between the Site and the Offering Memorandum, the provisions of the Offering Memorandum shall prevail.
AVAILABILITY OF PRODUCTS AND SERVICES
While we take care in building and maintaining the Site, we cannot guarantee its availability at all times.
Prospective Canadian Investors
Products and services advertised on the Site are subject to the terms of applicable law and only available in designated provinces and territories of Canada.
Prospective Foreign Investors
The Site does not constitute an offer or solicitation to buy or sell any product or service to anyone outside of Canada. If you choose to access the Site from outside of Canada, you do so on your own accord and are responsible for compliance with applicable local, national or international laws. You may not use, export or re-export any content on the Site or copy any part in violation of any applicable law or regulation, including export laws and regulations of Canada.
Obsiido has taken many measures to secure your personal information and maintain its confidentiality.
Information not Confidential
For security reasons, where you have logged into your account with Obsiido and there is no activity for a certain time period, your session will be terminated automatically, and you will be required to log in to your account again to re-gain access.
Protect your Account
If you open an account with Obsiido, you are solely responsible for maintaining the security and confidentiality of your login and password and your mobile device, and for ensuring that others do not use them without your permission. You agree not to disclose your password to any person and to keep it secure. You further agree that you are responsible for all instructions entered through and under your login, password, and account numbers, and any instructions received by Obsiido. All instructions shall be deemed to be made at the time received by Obsiido, and in the form received.
You agree to notify Obsiido immediately if you suspect your account may be compromised. Obsiido is not liable if you lose your credentials or if your account is compromised through your credentials.
To help protect yourself from fraud and/or viruses, you are also encouraged to do the following:
- Install and update anti-virus software and a firewall on your computer;
- Use a secure internet connection (avoid using public computers and public internet connections);
- Frequently review your transaction history on your account; and
- Protect yourself from phishing scams.
USES OF THE SITE
We grant you a limited licence to display and access the Site (and its content) for non-commercial, personal, or educational purposes only. No other use is permitted. Without limiting the generality of the foregoing, you may not:
- access or use the Site in any way or for any purpose that is prohibited by applicable law;
- make any commercial use of the Site;
- include Site content in or with any product that you create or distribute; or
- copy Site content onto your or any other website.
Where you provide a link to the Site from another website, Obsiido may require you to disable such link.
Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of ours or any other person who owns the copyright in Content provided on the Site.
The framing, mirroring, scraping or data-mining of the Site or its content in any form and by any method is strictly prohibited.
Decompiling, disassembling, reverse engineering, attempting to reconstruct or discover any intellectual property or confidential information of Obsiido, including, without limitation, source codes, ideas, and algorithms of Obsiido’s underlying technology by any means whatsoever or other exploitation of the Site, its architecture or the underlying software or code is strictly prohibited.
You are also prohibited from attempting to interfere with the functionality of the Site, including by introducing any viruses, attempting to breach Obsiido’s security measures, disrupting services to other users, and using any automatic devices to monitor or copy any of the Site content.
LIABILITY AND INDEMNITY
Obsiido does not warrant the quality, accuracy or completeness of any information on the Site or that the Site will operate without interruption. The Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including, without limitation, implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness,
accuracy, or completeness, all of which are hereby disclaimed by Obsiido to the fullest extent permitted by law. The Site may include inaccuracies or typographical errors. In no event shall we be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available on the Site.
Limitation of Liability
In no event will Obsiido or any of its personnel be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not Obsiido or any of its personnel is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the Site or the content.
By accessing the Site, you agree to indemnify and hold harmless Obsiido and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site.
The Site, its design and all content belongs to Obsiido and is protected by copyright owned by, or licensed to, us. The use, publication, or redistribution (whether uploading or downloading) of any trademarks, logos, or other content displayed on, or any information on the Site without our consent is prohibited and may violate our legal rights.
References to “OBSIIDO” and the Content provided on the Site are protected by trademark and copyright law, as applicable.
OBSIIDO and its logos, slogans, taglines and other trademarks are trademarks of Obsiido Capital Management Ltd., used under licence, and may not be used without permission.
Nothing in this section grants you any right or licence from us, or any other person who owns the content on our website. You can display on your computer, print, download, and use the underlying HTML, text, images, audio or video clips, software and other content on our website only as needed to evaluate whether to invest in a particular product or service or request a particular service. However, you (a) must not modify the content, and (b) must show it comes from our website together with any associated copyright notice. No other use is permitted.
GENERAL LEGAL PROVISIONS
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, this agreement or any related matters.