Terms & Conditions
Cyprus only: The material on this Site is directed only at persons in the Republic of Cyprus. Persons resident in jurisdictions other than the Republic of Cyprus should consult their professional advisers as to whether they require any governmental or other consents in order to invest in the products or services or items described on this Site.
Blue Diagonal Capital Ltd is authorised to undertake regulated investment business by the Cyprus Securities and Exchange Commission (“CySEC”)(License No. AIFM15/56/2013 granted on 31/07/2017). The Site is only made available to professional and well informed investors.
A professional investor means an investor which is considered to be a professional client or may, on request, be treated as a professional client within the meaning of Annex II of the Investment Services and Activities and Regulated Markets Law;
A well informed investor means every investor which is not a professional investor and fulfils the following conditions: (i) the investor confirms in writing that he is a well informed investor and that he is aware of the risks related with the proposed investment; and (ii) either his investment in the Fund amounts, at least, to €125 000, or he is assessed as a well informed investor, either by a credit institution that falls within the scope of the Cyprus Banking Law, 1997 (LAW No 66 (I) OF 1997) as amended, or by an Investment Firm, or by a UCITS management company and the above mentioned assessment shows that he has the necessary experience and knowledge to be able to evaluate the appropriateness of the investment in the Fund.
THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED ON THIS SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW OR REGULATION OR WOULD OBLIGATE BLUE DIAGONAL TO COMPLY WITH ANY ADDITIONAL LAW, REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THIS SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY BLUE DIAGONAL ARE AVAILABLE OR OFFERED IN ALL JURISDICTIONS OR TO ALL INVESTORS.
Professional and well informed Investors may apply for, and be permitted access to the password-protected sites of the Blue Diagonal Funds.
Because investments or investment services are not suitable for all investors we recommend that you seek advice from your investment adviser before making an investment. By proceeding you confirm the following:
That you are not subject to any jurisdictional restrictions prohibiting access to information on AIFs.
If you are unable to agree to the terms outlined above then please disconnect from the Site
You confirm that you have understood and accepted the above conditions and that you can be categorised as either a professional investor or a well informed investor.
If you are a U.S. person, please disconnect from the Site
The Content on the Site is intended for informational purposes only. We do not provide recommendations, investment advice or any other advice to you or any other User or party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Without limiting the foregoing, nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, an opinion of the appropriateness or suitability of any investment, or an offer, or the solicitation of any offer, to buy or sell any security, including an interest in any Blue Diagonal Fund. No such offer or solicitation may be made prior to the delivery of appropriate documentation to qualified Investors. Before making any investment, an Investor should thoroughly review the particular Blue Diagonal Fund’s information memorandum and subscription documents with the Investor’s financial, legal and tax advisor to determine whether an investment is suitable for the Investor in light of the Investor’s investment objectives, financial circumstances and tax situation. Investors must have the financial ability, professional experience and willingness to bear the risks of an investment. Any decision to invest in a Blue Diagonal Fund should be based on the final prospectus and supplement for such Blue Diagonal Fund.
There are substantial risks involved in investing in the Blue Diagonal Funds, which are not suitable for all Investors. The Blue Diagonal Funds may invest and trade in many different markets, strategies and instruments (including securities, managed futures, non-securities and derivatives) and are NOT subject to the same regulatory requirements as mutual funds, including mutual fund requirements to provide certain periodic and standardized pricing and valuation information to Investors.
In addition to the disclosures contained herein, once given access to any password-protected part of the Site, you should read carefully any additional risk disclosures contained therein. If you wish to invest in a specific investment or product managed by Blue Diagonal you should refer to the risk warnings in the relevant information memorandum for that product or investment. Information and details of such investments or law or circumstances may change, and every Investor should conduct its own due diligence on any and all investments made or considered. All investments should be made with discretionary capital set aside strictly for speculative purposes.
Past performance is not indicative of future results. The value of investments may fall as well as rise and you may not get back your original investment. No representation is made that any Investor will or is likely to achieve its objectives, or that any investment strategy, investment process, investment objectives, targeted return, or risk management measures will be achieved or successful or that any Investor will or is likely to achieve results comparable to any shown or will make any profit or will be able to avoid incurring losses. Where an investment involves a foreign currency, it may be subject to fluctuations in value due to movements in exchange rates. These changes to exchange rates may also cause the value of an underlying investment to go down as well as up. The annual management fee is taken from the capital of the Blue Diagonal Funds and may constrain or erode capital. Any performance information is net of applicable fees unless otherwise noted and reflects reinvestment of income. Performance results may be estimated and are subject to change, finalization and audit and therefore may differ from actual performance.
Users are responsible for maintaining the confidentiality of the username and password ("login information") we provide you for accessing the password-protected Sites of the Blue Diagonal Funds, and for securing all facilities, products and equipment that might allow access to the Blue Diagonal Funds Site (collectively, "Resources"). Users must not share their login information with any third party and are solely responsible for any and all activity that takes place under their login information. Users agree to notify us immediately in the event of the loss or theft of their login information or if they believe the confidentiality of their login information has been compromised in any way, or in the event they learn about the possible or actual unauthorised use of their login information. We reserve the right to revoke a User’s login information at any time for any reason without prior notice.
We may require Users to provide additional and/or more detailed information to verify their identity when we deem it necessary or appropriate to do so in order to comply with applicable Anti Money Laundering laws and regulations.
I. TERMS AND CONDITIONS
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. We reserve the right to change, at our discretion, the Content and any terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified Content, terms, conditions or notices applicable to the Site. While Blue Diagonal uses reasonable efforts to update the information on the Site, we make no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information at the Site. Any Content at the Site is subject to change without notice. While the information contained on the Site has been obtained from sources believed reliable, neither we nor any information provider that we use guarantee that the information on the Site is accurate, timely, valid or complete or make any warranties, express or implied, with regard to the results that have or may be obtained from its use. Blue Diagonal has not audited the financial information contained on this Site. Blue Diagonal, furthermore disclaims any liability for any loss, damage, costs or expenses (including direct, indirect, special and consequential) howsoever arising which any person may suffer or incur as either a direct or consequential result of viewing or utilising the Content.
Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading, storing, accessing, using, or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject. We reserve all rights with respect to copyright and trademark ownership of all Content on the Site, and will enforce such rights to the full extent of the law.
III. USE OF SITE AND CERTAIN IMPORTANT DISCLOSURES
The Content is as of the date(s) indicated and is not a complete description of any investment, strategy or other product or services offered by Blue Diagonal and is subject to the more complete disclosures and terms and conditions with respect to such product or service. Certain of the Content, including investment returns, valuations, targets and strategies, may be supplied by third parties, and although believed to be reliable, has not been independently verified and its completeness and accuracy cannot be guaranteed. No warranty, express or implied, representation or guarantee is made that the use of this Site is free of risk or viruses or other damage. Access to and information contained on this Site is provided on an ‘as is’ basis and you have sole responsibility for the adequate protection and back-up of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses and other destructive properties.
Blue Diagonal and its employees or associated companies may have a position or holding in any investments or securities referred to on this Site. The Blue Diagonal Funds use leverage and utilize foreign, commodity and over-the-counter markets, all of which may involve significant risk.
Investments will vary in the discretion of Blue Diagonal. Any descriptions or information involving investment objectives, investment analysis, investment process, or investment strategies are provided for illustration and discussion purposes only, may be examples only, may not be fully indicative of any present or futures investments, may be changed in the discretion of Blue Diagonal, and are not intended to represent performance or suggest that any Investor will be successful.
Any return objectives, indices or financial benchmarks shown are used for illustration purposes only, are comparative measures or targets only, are unmanaged, reflect reinvestment of income and dividends and do not reflect the impact of advisory fees (except to the extent of underlying fees of the managers comprising a particular index of pooled vehicles). Investors generally cannot invest directly in an index. Comparisons to indices have limitations because indices have volatility and other material characteristics that may differ from a particular investment strategy. For example, a strategy may typically hold substantially fewer securities, instruments or futures than are contained in an index. Indices also may contain securities, instruments, or futures or types of securities, instruments or futures that are not comparable to those traded by any strategy. Therefore, performance may differ substantially from the performance of an index. Because of these differences, indices should not be relied upon as an accurate measure of comparison.
Any assumptions, assessments, statements or the like ("statements") regarding future events or which are forward-looking constitute only subjective views, estimations or intentions, are based upon Blue Diagonal’s expectation or belief, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve inherent risks and uncertainties, many of which cannot be predicted or quantified and are beyond Blue Diagonal’s control. Such risks and uncertainties include, without limitation, the adverse effect from a decline in the securities or futures markets, a general downturn in the economy, competition from other companies, changes in governmental policy or regulation, inability to attract or retain key employees, or inability to implement our strategies. Future events and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance that these statements are now or will prove to be accurate or complete in any way. Blue Diagonal undertakes no responsibility or obligation to revise, update or modify such statements, although it may do so in its discretion.
Site information regarding a Blue Diagonal Fund is as of the date indicated, is not complete, is for illustration and discussion purposes only.
IV. MANAGED FUTURES AND COMMODITIES
The Blue Diagonal Funds may invest in futures and commodities. Futures prices are highly volatile. Governments from time to time intervene, directly and by regulation, in certain markets, often with the intent to influence prices directly. Futures contract trading is typically accompanied by a high degree of leverage. Fluctuations in commodity interest contract prices may be limited by regulations referred to as "daily price fluctuation limits" or "daily limits." Even if futures prices have not moved past the daily limit, Blue Diagonal may not be able to execute futures trades at favorable prices if little trading in such contracts is taking place. Depending upon the size of an account, it may be difficult or impossible for Blue Diagonal to take or liquidate a position in a particular commodity, method or strategy. A principal risk in speculative trading is the traditional volatility in the market prices of futures and securities. Price movements may be incorrectly predicted and large losses could result.
Managed futures investments may perform differently than stocks and bonds. In addition, different types of alternative investments are frequently non-correlated with each other. This creates the potential to assemble a combination of alternative investments able to profit in different economic cycles and international markets, while reducing the portfolio concentration of traditional long equity and debt holdings. The performance of a managed futures investment can be anticipated to be generally unrelated, but may frequently be similar, to the performance of the general equity and debt markets.
The futures and forwards markets are fundamentally different from the securities markets in that for every gain in futures and forward trading there is an equal and off-setting loss. If a managed futures vehicle does not perform in a manner non-correlated with the general financial markets or does not perform successfully, Investors will obtain no diversification benefits by investing in such vehicle.
As part of the process to give you access to the Site or portions thereof, we may collect contact information, unique identifiers, financial information and other information. This information is used to qualify you as a User and may also be used to send Users relevant and timely information. You may at any time opt out of receiving communications except for those essential to your use of the Site and to the administration of your Site usage, if any, with Blue Diagonal and for regulatory requirements, including possible annual requalification requirements.
You additionally have the option to remove all personal information from the Site’s database and not to receive future communications or to forgo the Site’s information and services altogether by either sending an email to firstname.lastname@example.org.
VI. CONFIDENTIALITY ON INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Blue Diagonal has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.
Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
VII. SECURITY OF SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Blue Diagonal reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. We also intend to comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.
VIII. LINKS TO OTHER SITES
This Site may permit users to have access, through hypertext or other computer links, to websites operated by persons other than Blue Diagonal. In such cases, such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You are solely responsible for determining the extent to which you may use or rely upon any content, products or services at or through any other web sites to which you link from this Site. We are not responsible for the privacy practices or the security or other policies of any other web site that is linked or linking to the Site.
See also "ADDITIONAL DISCLAIMERS AND DISCLOSURES" below.
IX. EVENTS BEYOND OUR CONTROL
You expressly absolve and release Blue Diagonal and its respective affiliates and each of their respective officers, directors, principals, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “We and Our Affiliates” or as the context requires, "Us and Our Affiliates") from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, loss of use of the Site, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.
X. ADDITIONAL DISCLAIMERS AND DISCLOSURES
THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT HAS BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER WE HAVE NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY, COMPLETENESS OR SUITABILITY OF THE CONTENT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE CONTENT WILL REMAIN UNINTERRUPTED. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. THIS SITE AND ITS CONTENT ARE OUR PROPERTY AND/OR OUR VENDORS, DATA PROVIDERS AND/OR OTHER THIRD PARTY SOURCES, AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WE FURTHER ASSUME NO RESPONSIBILITY, AND MAKE NO WARRANTIES, THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER THAT MAKES IT AVAILABLE OR THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USING THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNAUTHORISED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES.
XI. NOTIFICATION FOR CERTAIN MATTERS
If you believe in good faith that any Content infringes your copyright, you (or your agent) may send us a notice requesting that such Content be removed, or access to it blocked. Notices and counter-notices with respect to the Site should be sent to
Blue Diagonal Capital Ltd, 34 Amathountos Avenue, Zana Complex A, Apt 11, Ayios Tychonas, Limassol 4532, Cyprus
Telephone: +357 25338008
E-mail for notice: email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice.
In the event you believe in good faith that any Content is otherwise in error, please contact us at firstname.lastname@example.org with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
XII. LIMITATION OF LIABILITY AND INDEMNITY
Under no circumstances, including, but not limited to, negligence, shall We and Our Affiliates be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Content or the Site, even if We and Our Affiliates have been advised of the possibility of such damages. In no event will We and Our Affiliates have any liability to you for damages, losses and claims or causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Site.
XIII. GOVERNING LAW
XIV. TERMS AND TERMINATION