Terms and Conditions

These terms and conditions (“Terms and Conditions”) apply to your use of naviscapital.com (“Site”).

Your access to, browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using this Site, you accept these Terms and Conditions, without limitation or qualification. Navis Capital reserves the right to amend these Terms and Conditions at any time, without prior notice. You are deemed to have accepted such changes by your continued use of this Site. If you do not agree to these Terms and Conditions, please do not use this Site. Please refer to Navis Capital’s Privacy Policy for information regarding Navis Capital’s collection, use, communication and disclosure of user information.

Use of Our Site and Content

All content and information, and all trademarks, logos, copyrights and other intellectual property properties displayed on this Site is owned by Navis Capital or their respective owners. By visiting this Site, you signify your agreement with these Terms and Conditions, with respect to the content and information on this Site (“Content”). Except as we have described in these Terms and Conditions, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, using framing or otherwise, without the prior written consent of Navis Capital or such third party that may own the trademark, or copyright and other intellectual property of material displayed on this Site.

Navis Capital reserves the right to enforce its intellectual property rights to the full extent allowed under applicable law. Subject to your full compliance with, and your agreement to, these Terms and Conditions, Navis Capital authorises you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified in any manner.

Notification to Navis Capital

If you believe that anything posted on this Site infringes any intellectual property right that you own or control, please provide Navis Capital with the following written information:

• Name, address, telephone number, e‐mail address and physical or electronic signature of the rights holder, or someone authorised to act on the rights holder’s behalf;
• A description of the intellectual property that you believe has been infringed upon;
• A description of where the purported infringing material is located on this Site, with reasonable detail so that Navis Capital can find it;
• A written statement that you have a good faith belief that the disputed use is not authorised by the rights holder, its agent or the law; and
• A statement by you that the above information in your notice is accurate and that you are the rights holder or authorised to act on behalf of the rights holder.

Navis Capital’s agent for notice of claims of intellectual property right infringement on the Site may be reached by e‐mail at legalaide@naviscapital.com

Third Parties

Navis Capital may provide you with links to third- party websites, and some of the Content appearing to originate from our Site may be supplied by third- party Content providers. The provision of these links by Navis Capital does not constitute authorisation or sponsorship of, an endorsement by, or an affiliation with such sites by Navis Capital. Navis Capital has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

Disclaimers

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on this Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. The investment and strategies discussed on this Site may not be suitable for all investors and are not obligations of or guaranteed by Navis Capital or any of its affiliates. Nothing contained on this Site constitutes investment, legal, tax or other advice nor is to be relied on in making investment or other decision. You agree that Navis Capital is not liable for any action you take or decision you make in reliance on any Content.

Certain Content may have been obtained from published and non‐published sources, including from our portfolio companies. Such information may not have been independently verified by Navis Capital and Navis Capital makes no warranties or representations or assumes any responsibility as to the accuracy, reliability or correctness of the Content (or for updating the Content based on facts learned following its publication). Navis Capital is not responsible for any action or decision you make in reliance on any information contained on this Site.

Past performance is not indicative of future results; 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 the investments to fluctuate. No representation or warranty 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. Market analyses and statements of opinions provided on this Site are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions, and obtain independent advice.

This Site, including all Content, is provided to you on an “as is” and “as available” basis with no representation or warranties of any kind. By using this Site, you expressly agree that such use is at your sole risk. Neither Navis Capital, its affiliates, nor any of their respective officers, directors, partners, members, employees, agents, third party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Representatives”) warrant that the use of this Site will be uninterrupted and error-free. Neither Navis Capital, its affiliates nor their Representatives make any representations or warranties of any kind, either express or implied, and hereby disclaim any and all such warranties, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent permitted by law. Navis Capital and its affiliates and Representatives also disclaims any warranties for the security, reliability, timeliness, and performance of this Site.

Limitations of Liability

By using this Site, you acknowledge that your use of this Site is at your sole risk; that you assume full responsibility for all damage, loss, liabilities and costs associated with your use of this Site; and that in no event shall Navis Capital or any party involved in creating, producing or delivering this Site be liable for any damage, losses, costs or liabilities of any kind related to (i) your reliance on, use, or inability to use the Content on this Site, (ii) any errors or omissions in the Content on this Site, (iii) any failure of performance, delay in operation or transmission, computer virus or system failure. Navis Capital reserves the right to alter or remove the content of this Site or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably submit to the exclusive jurisdiction of the Malaysian courts.

Severability and Waiver

If any provision of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions. Any failure of Navis Capital to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision of these Terms and Conditions.

Termination

These Terms and Conditions are effective until terminated by Navis Capital. Upon termination of these Terms and Conditions or if notified by Navis Capital, you must immediately destroy all Content obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.

If you have any questions or comments about this Terms and Conditions, please contact us using the information on the Contact Us Page. Otherwise, you may also choose to direct any questions to our legal secretary legalaide@naviscapital.com