Terms of Use

Terms of Use

This website is owned and operated by Qato Capital Pty Ltd (ACN 601 673 107). References contained in this website such as “we”, “us” and “our” are in reference to Qato Capital Pty Limited (Qato)  or any of its directors, officers, employees, agents, representatives and Qato Capital’s Trustee Cyan Investment Managers (the Parties).

By clicking or viewing this website you acknowledge that you have read these terms of use, together with any other terms and conditions or other statements, notices or disclaimers contained on this website (“Terms of Use”). By using this website you agree to be bound by the Terms of Use.

Copyright & Trademarks

All content included on this website is protected by copyright laws. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronically, for any purpose, any of the material on this website, except with the prior written permission of Qato Capital.

Privacy

Qato Capital is committed to protecting your personal information. We may collect and use your personal information to provide services to you and to keep you updated in relation to the Fund’s development and activities. The types of organisations we might disclose your personal information to include our custodian, financiers, accountants and auditors, legal advisers and other professionals.

You may gain access to the personal information Qato Capital holds about you, subject to certain exemptions under the Privacy Act 1988 (Cth). If you would like to make a request for access, please contact us.

Past Performance

Past performance contained on this website is not an indication of future returns and should be used as a general guide only. Future returns may bear no relationship to the historical returns contained on this website.

Returns are subject to volatility and subject to change and likely to vary from year to year. Returns in this Fund may be volatile in the short term and may also be negative. Returns between 1 August 2014 and 31st December 2014 Returns have been independently audited and are excluding leverage. Returns from the 1st of Jan 2015 have been calculated using finalised NAV prices inclusive of performance fees and management fees. No allowance has been made for exit fees or where applicable taxation.

No Relevant Person makes any guarantee or representation in regards to the performance of any of the funds, nor the specific rate of return to investors or the return of capital.

Exclusion of liability

The Parities do not accept liability for any loss or damage suffered or incurred by the user of this website or any other person or entity however caused (including negligence) relating in any way to this website including, without limitation, the information contained in it, any errors or omissions however caused, or the website user, or any other person or entity, placing any reliance on the contents, its accuracy, completeness, currency or reliability.

The Parities do not accept any responsibility arising in any way for any errors in or omission from this website or for any lack of accuracy, completeness, currency or reliability contained in this website.  The Parities do not accept any responsibility to inform the website user of any matter arising or coming to their notice that may affect any matter referred to on this website.

The Parities do not authorise any person to make any statements or representations that are not expressly contained in or contemplated by this website.

Any liability of the Relevant Parties to the website user or to any other person or entity arising out of information contained in this website is, to the maximum extent permitted by law, expressly disclaimed and excluded.

The information contained in this website is for information purposes only and it should be read in that context. This website has been prepared on the basis that prospective applicants in the Qato Market Neutral Long/Short Fund (the Fund) are wholesale clients as defined under section 761G of the Corporations Act 2001 (Cth).

No representation or warranty, express or implied, is made as to the fairness, accuracy, completeness or correctness of the information, opinions and conclusions contained in this website. To the maximum extent permitted by law, none of the Parties or any other person accepts any liability, including, without limitation, any liability arising out of fault or negligence for any loss arising from the use of information contained in this website.  Except as required by law, the Parties assume no responsibility or liability (including in negligence) for updating any such information or to inform the recipient of any new information of which the Parties may become aware.

The information contained in this website is not investment or financial product advice and is not intended to be used as the basis for making an investment decision. Please note that, by visiting this website, the Parties have not considered the objectives, financial position or needs of any particular website user. Qato Capital h5ly suggests that potential investors consult a financial advisor prior to making an investment decision. Past performance is not an indication of future returns. Exchange rate changes may cause the value of overseas investments or investments denominated in different currencies to rise or fall.

This website is not, and does not constitute, an offer to sell or the solicitation, invitation or recommendation to purchase any securities and neither this website nor anything contained in it forms the basis of any contract or commitment.

Jurisdictional issues

This website is for the use of persons accessing the website within Australia. This website may not be appropriate for website users in other locations or that access to the content of the website from other locations is not illegal and prohibited. This website does not constitute an offer to sell, or a solicitation of an offer to buy, any securities in the United States, the Funds managed by Qato Capital have not been registered in the United States under the Investment Company Act of 1940 and units in the Funds are not registered in the United States under the Securities Act of 1933. This website does not constitute an offer to sell, or a solicitation of an offer to buy, any securities in the United Kingdom or the European Economic Area or in any jurisdiction in which such offer or solicitation would be unlawful prior to registration or qualification under the securities laws of that jurisdiction. Neither this website nor anything contained in it forms the basis of any contract or commitment

Persons who choose to use this website from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable. The information contained on this website is 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 law or regulation, or which would subject Qato Capital to any registration or other requirement within such jurisdiction or country.

Governing Law

By visiting this website, you agree that the laws of the state of Vicotria, Australia without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Parties.