Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) Online Application
You should read this Confidentiality and Use Agreement (“Agreement”) carefully before accessing the Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) Online Application (the “Application”) hosted on a privileged website powered by Olivia123 on behalf of Pacific Equity Partners Capital Solutions Pty Ltd. This Agreement constitutes a legally binding agreement between you and Pacific Equity Partners Capital Solutions Pty Ltd (together with its successors and affiliates, “PEP” or “we” or “us”) and governs your access and use of the Application (including, for the avoidance of any doubt, any documents accessible via the Application). The information contained in the Application is only being made available to a limited number of qualified investors to whom such information is permitted to be provided under applicable laws and regulations. By clicking on the “Agree” button below, you are acknowledging that you have read and understand, and are agreeing to be bound by, the terms and conditions set forth below. If you do not agree to be bound by this Agreement, you may not access the Application or use any of the information found there.
Welcome to Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) Online Application
PEP is pleased to grant you access to the Application that will provide you with an easier way to obtain certain information about the Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) (the “Fund”) and to apply for units in the Fund. However, your ability to access the Application and the information within it is limited in a number of important ways and subject to the conditions and terms set forth in this Agreement.
Privacy
The Application is hosted by our third party service provider, Olivia123. For information on how Olivia123 collects, uses, and discloses information from users of the Application, please review the Privacy Policy located at https://www.olivia123.com/privacy/. Your use of the Application indicates your consent to the data practices stated in Olivia123’s Privacy Policy.
Securities Laws
By accessing the Application, you affirm that you are a “wholesale client” as defined in sections 761G and 761GA of the Corporations Act 2001 (Cth), as amended (the “Corporations Act”) and otherwise qualified to view offering materials related to the Fund under any other applicable securities laws.
Australian Disclosure
The Fund will not be registered as a managed investment scheme with the Australian Securities and Investments Commission pursuant to the Corporations Act. Accordingly, you will not benefit from protections that would have been available to you if the Fund were registered. The Application and the documents within it have been prepared exclusively for prospective investors in the Fund who are “wholesale clients” (as defined in sections 761G and 761GA of the Corporations Act) and therefore any offer or issue of financial products made under or in connection with the Application and the documents contained within it does not require disclosure to investors under the Corporations Act.
Restrictions on distribution
The Application is available to persons receiving the Application within Australia but does not constitute an offer of units in the Fund in any jurisdiction where, or to any persons to whom, it would be unlawful to offer units in the Fund.
This Application does not constitute an offer to sell or the solicitation of an offer to buy any securities or other financial products other than units in the Fund. It is the responsibility of any person located in a jurisdiction other than Australia to ensure compliance with all laws of any country relevant to the offer of units in the Fund. The return of a duly completed Application will be taken to constitute a representation and warranty that there has been no breach of any relevant laws and that all approvals and consents have been obtained.
Access
You may only access the Application by using the website link that PEP has provided. You agree to keep the website link confidential, and not to provide it to any other person except your managers, members, partners, directors, officers, employees and professional advisors specifically involved in the evaluation of your investment in the Fund (collectively, your “Representatives”) who have a need to access the information to advise you regarding the Fund, in each case, subject to confidentiality obligations no less protective than those contained in this Agreement. You are responsible for any unauthorised use of the website link that was provided to you by PEP and for all activities that occur in connection with the use by you and your Representatives’ of such website link, the Application and the information in the Application. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your website link and the information in the Application and not to allow any other person to use any such website link. You will immediately notify PEP if you become aware of any disclosure, loss, theft or unauthorised use of such website link or any such information.
Confidentiality
All the information available through the Application is confidential and proprietary to PEP. The information in the Application is provided on a confidential basis to a limited number of sophisticated investors for informational purposes only and does not constitute an offer to subscribe for or otherwise acquire any of the interests in any investment vehicle sponsored or managed by PEP (collectively, the “PEP Funds”, which definition includes, for the avoidance of doubt, the Fund). Any photocopying, electronic storage, disclosure or alteration of the contents of the Application, and any forwarding of a copy of all or any portion thereof to any person other than your Representatives, is prohibited. This includes all offering materials and other information provided through the Application, and all materials prepared by or for you or your Representatives containing any information provided in the Application. You will keep all this information strictly confidential. You will not disclose any of this information to any person other than your Representatives who have a need to access the information to advise you regarding the Fund, or use it for any purpose other than those expressly permitted by PEP in writing. To the extent you are an existing investor in a PEP Fund, we also remind you of the confidentiality obligations you may have under your existing PEP Fund documents.
Use of Information
PEP, in its discretion, may make information available through the Application. PEP grants you only a limited permission to use the Application and the information made available through it to evaluate an investment in the Fund. As between you and PEP, PEP owns all rights, title and interest in the Application and the information available through it. Neither you nor any of your Representatives may use the information provided in the Application for any purpose other than in connection with the evaluation of your potential investment in the Fund. Neither this Agreement nor the disclosure of information by PEP shall be taken as implying an assignment, license or transfer to you or your Representatives of patents, know-how, trade secrets or any other intellectual property rights in the information. If you are an investment adviser and are reviewing the information in the Application on behalf of one or more clients, you agree that you will not disclose any of the information to any such client without PEP’s prior written consent. PEP may cease providing access to the Application or certain information at any time in its discretion.
No Investment Recommendations
Nothing in the Application should be construed as a solicitation, offer, recommendation, representation of suitability or endorsement of any security or investment. Nothing in the Application should be construed nor relied upon as investment or financial product advice.
Past Performance Not Indicative of Future Results
Information about the PEP Funds and investments made by such PEP Funds, including past performance of such PEP Funds and investments, is provided solely to illustrate PEP’s investment experience and is not intended to be indicative of future results. Past performance is not a guarantee of future results, and there can be no assurance that any PEP Fund will achieve comparable results as those presented or that investors in any PEP Fund will not lose any of their invested capital. Moreover, with respect to unrealised investments, there can be no assurance that such investments will be realised or of the value at which they will be realised.
Historical Performance Data
Past performance data is provided for illustrative purposes only and should not be construed as a representation as to the performance of any PEP Fund or portfolio investment thereof following the date of such performance data, or of the future performance of any PEP Fund. In particular, certain performance data available in the Application is not provided as of a current date.
Future Performance Data
PEP does not as a matter of course make public projections as to the future performance of its portfolio investments or its PEP Funds and is especially wary of making projections for extended earnings periods due to the unpredictability of the underlying assumptions and estimates. However, PEP does prepare internal models to assist it in evaluating PEP Fund performance. PEP may include in the Application internal models as of certain dates indicated therein for portfolio investments of any PEP Fund that have not yet been realised. The inclusion of this information should not be regarded as an indication that PEP considers it to be a reliable prediction of future results.
Forward Looking Statements
Any forward looking statements made in the Application are intended to assist you in in understanding the current and potential future performance of investments held by PEP Funds. Any such statements will include the words “anticipates”, “believes”, “expects”, “intends”, “plans”, “estimates”, “future” or words of similar substance. PEP bases forward looking statements on current expectations (or expectations at the time of publication of the applicable materials), which are informed by information developed independently by PEP and information from portfolio investments and third parties. Forward looking statements are subject to risks, uncertainties and assumptions that may relate to, among other things: anticipated growth strategies, product development, technological advances, legal and regulatory changes, anticipated industry trends and conditions, expected capital needs, the ability to compete in the future and general market risk. Any company estimates included in documents in this Application are included for illustrative purposes only and have not been adapted, endorsed or independently verified by PEP. The Application may contain certain information which PEP has obtained from portfolio investments directly. If so, PEP has not confirmed the accuracy of all such information, nor does PEP undertake any obligation to update or revise any such information, whether as a result of new information, future events or otherwise. Actual results could and likely will differ, sometimes materially, from any projected or anticipated results. You should not take any statements regarding past trends or activities as a representation that the trends or activities will continue in the future. Accordingly, you should not place undue reliance on any such statements.
Disclaimer
You understand and acknowledge that the Application and all information available through it is provided AS IS, AS AVAILABLE and WITH ALL FAULTS. With respect to the information set forth in the Application, PEP does not make and expressly disclaims any representation or warranty as to the accuracy or completeness of the information supplied to PEP and contained in the Application, and
none may be implied. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out-of-date. PEP reserves the right to add, modify or delete any information on the Application at any time. The Application and all information contained within it should be reviewed carefully by prospective investors. PEP disclaims any duty to update the information contained in the Application. Prospective investors are urged to consult with their own tax and investment advisors regarding the suitability of an investment in any PEP Fund.
Liability Limitation
You agree, in consideration for our providing you with access to the Application and the information within it, that none of PEP nor any of its members, directors, officers, partners, employees or agents will be liable for any direct or indirect special, incidental, consequential or punitive damages or lost profits relating to your or your Representatives’ use of the Application or any information within it, and that the foregoing provision is reasonable.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement to be void, illegal or invalid for any reason, said provision shall be of no force and effect only to the extent that it is void or declared illegal or invalid, and any provision that is not declared illegal or invalid remains in full force and effect.
By clicking agree, you indicate your acceptance of and agreement to be bound by this Agreement.
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About this fund
It is a legal requirement that all investors read the Offer Letter, Information Memorandum, Trust Deed and Privacy Policy for the Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) prior to proceeding with their application.
The minimum investment amount for the Pacific Equity Partners Capital Solutions Pathway Fund (Australasia) is $100,000.
This fund is open to Wholesale or Sophisticated investors in Australia only. If you wish to invest through a foreign investing entity, please contact [email protected] for more information on how to apply.
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