Acceptance of the Terms and Conditions

Please read the terms and conditions as set out below which governs the use of this website (“Terms and Conditions”).

By clicking on 'Accept' all users (“Users”) of this website confirm that they have read and understood the Terms and Conditions and agree to the Terms and Conditions and are bound by the Terms and Conditions. If the Users do not agree to the Terms and Conditions, please exit from this website.

TERMS AND CONDITIONS

1. Usage

Atmosphere SPC Fund Ltd. (“Atmosphere Funds”) is qualified as a “Professional Fund” within the meaning of the British Virgin Islands Securities and Investment Business Act, 2010 and the Mutual Fund Regulations, 2010 (the “Acts”) and provides all users (“Users”) access to www.theafunds.com internet website (the “Site”).

As a Professional Fund, Atmosphere Funds (a) is only suitable for Professional Investors within the meaning of the Acts and are not U.S. Persons (meaning of which is specified in the Private Placement Memorandum) and on the basis that the initial investment in Atmosphere Funds by all of its shareholders is not less than $250,000 (U.S.); (b) is not subject to supervision by the Financial Services Commission of the British Virgin Islands (the "Commission") or by a regulator outside the British Virgin Islands and requirements considered necessary for the protection of investors that apply to public funds do not apply to private or professional funds; (c) each investor is solely responsible for determining whether Atmosphere Funds is suitable for his/her investment needs; and (d) by reason of the above, investment in Atmosphere Funds may present a greater risk to an investor than investment in a public fund.

Further, the User understands that all investments shall be made strictly in accordance with the terms of the relevant prospectus or offering documents and the importance of reading the risk warnings within such documents.


The Site is intended for investment professionals and sophisticated investors only. It is not appropriate for private investors and as such Atmosphere Funds cannot be responsible for any misrepresentations the Users may make in gaining unauthorized access to the Site.


The Site and any support are provided to the User at no charge and are for the Users personal and non-commercial use. Any support provided to the User is for information purposes only. Atmosphere Funds reserves the right to make changes to the Site; or not reply to any queries; or not provide any support in connection with the Atmosphere Funds Site.


Atmosphere Funds does not wish to receive confidential or proprietary information from the User via the Site. Subject to Atmosphere Funds’ obligation under the Privacy Policy please note that any information or material sent to Atmosphere Funds via the Site will be deemed to be not confidential. By sending Atmosphere Funds any information or material, the User grants Atmosphere Funds an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information, and the Users also agree that Atmosphere Funds is free to use any ideas, concepts, know-how or techniques that they send Atmosphere Funds for any purpose.


Please note that the distribution of the information contained on this Site in certain jurisdictions may be restricted by law. By proceeding to access the Site, the Users are representing and warranting that the applicable laws and regulations of their jurisdiction allow them to access the information and materials.


2. Risk factors

Atmosphere Funds is a highly speculative investment and is not intended as a complete investment program. It is designed only for persons who are able to bear the economic risk of the loss of their investment in Atmosphere Funds and who have limited need for liquidity. The investment risks set out in the Private Placement Memorandum do not purport to be exhaustive and potential investors should review the Private Placement Memorandum carefully and in its entirety and consult with their professional advisors before deciding whether or not to invest.


3. Intellectual Property Rights and Ownership

The Site, its content and/or all intellectual property rights pertaining thereto including the design, text, graphics, logos, images, sound and the selection and arrangement thereof, are owned by 'Atmosphere Funds' , and all rights, title and interest therein and thereto shall remain the property of 'Atmosphere Funds'. Users agree not to use and remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). The Intellectual Property Rights over the Atmosphere Funds and other names of Atmosphere Funds products and/or services referenced herein, are exclusively owned by Atmosphere Funds. All or any third party logos, trademarks, images are the properties of each third party and by using or showing such logos, trademarks and/or images in the Site, Atmosphere Funds does not make any representations or claims that such third party logos, trademarks or images are properties of Atmosphere Funds.


4. Liability

In no event shall Atmosphere Funds, its shareholders, directors, officers, employees, agents, representatives or any of its affiliates be liable or responsible for any direct, indirect, incidental, special, punitive or consequential damages for any amount or kind of loss (including, without limitation, damages for loss of data, business or profits) to User or a third party arising out of or in connection with this Terms and Conditions, the Site, the inability to use the Site or any advertising or products, services, or information obtained or stored in or from the Site, or transactions entered into via the Site, any website linked to the Site or material on such websites, including but not limited to loss or damage due to viruses that may infect User computer system, software, data or other property on account of access to, use of Site or Users downloading any material from the Site or from any website linked to the Site whether based on contract, tort, strict liability or otherwise, even if Atmosphere Funds or any of its affiliates has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any remedy. This shall not affect Users’ statutory rights.


5. Indemnity

The Users agree to indemnify, defend and hold harmless Atmosphere Funds, its licensors, suppliers, vendors and its affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising from or relating to (i) their misuse of the Site; (ii) their breach of this Terms and Conditions; or (iii) their violation of any applicable law, statute, ordinance, regulation or any third party's rights. This obligation survives the termination of this Terms and Conditions.


6. Links to other Sites

The Site may contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to Users and not as an endorsement by Atmosphere Funds of the contents on such third-party web sites. Atmosphere Funds is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available on linked third-party web sites. If Users decide to access linked third-party web sites, they do so at their own risk. Users further acknowledge and agree that Atmosphere Funds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


7. Modifications

All contents of the Site are subject to change without notice. Atmosphere Funds reserves the right to modify, add, delete or discontinue this Terms and Condition or any aspect or feature of the Site or any of the policies or guidelines governing the Site, at any time and in its sole discretion. By using or accessing the Site subsequent to the posting of any changes or modifications to the Terms and Conditions applicable to the use of the Site, Users shall be deemed to have consented to such changes or modifications.


8. Access Restrictions

Atmosphere Funds reserves the right to deny, in its sole discretion, any User access to the Site or any portion thereof without notice or justification.


9. No Unlawful or Prohibited Use

Users warrant to Atmosphere Funds that the User will not use the Site for any purpose that is unlawful or prohibited by this Terms and Conditions or by any laws. The User shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or network connected to the Site or interfere with any other party's use and enjoyment of the Site.


The User undertakes not to post to or send via the Site any materials that are or could reasonably be construed as: (i) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.


The User also agrees not to transmit to or send via the Site any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.


10. Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of British Virgin Islands and shall be subject to the exclusive jurisdiction of the courts in British Virgin Islands.


B. PRIVACY POLICY

This policy covers how Atmosphere Funds treats personal information that Atmosphere Funds collects and receives, including information related to the Users past use of Atmosphere Funds’ products and services.


Personal Information:

• Users can use or access the Site without disclosing any personal information.
• Personal information is collected from Users on a voluntary basis and when the Users register themselves requesting for more information on the Site. Personal information may include name, title, company, address, phone number, email address, and other relevant data. Questions or comments submitted by visitors may also include personal information.
• Atmosphere Funds will not use or share, with a third party, any information collected on the Site for direct marketing purposes. Because of the nature of the Internet, Atmosphere Funds may transmit the information to another country, but among Atmosphere Funds and its affiliates, for purposes other than direct marketing, such as for storage, or for carrying out the processing detailed above, or because of where Atmosphere Funds servers are located, but Atmosphere Funds do not provide or use personal information to unrelated businesses for any marketing purposes.
• To the extent required or permitted by law, Atmosphere Funds may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

Non-personal Information:

• At the Site, information sent by the Users web browser, may be automatically collected. This information typically includes the Users domain name (the site after the @ in the Users e-mail address). It may also contain the Users user name (the name before the @ in the Users e-mail address). Other examples of information collected by Atmosphere Funds server include the Internet protocol (IP) address used to connect the the Users s computer to the Internet, operating system and platform, the average time spent on Atmosphere Funds website, pages viewed, information searched for, access times, websites visited before and a the User visits Atmosphere Funds website, and other relevant statistics. The amount of information sent depends on the settings the User has on its web browser; please refer to respective browser if the Users wants to learn what information it sends.
• Atmosphere Funds may from time to time supply the owners or operators of third party websites from which it is possible to link to the Site with information relating to the number of Users linking to the Site from such third party website. You will not be identified from this information.
• Atmosphere Funds uses the information it automatically receive from the Users web browser to see which pages the User visit within Atmosphere Funds Site.

Information placed on the Users Computer:Atmosphere Funds may store some information such as cookies on the Users computer when the Users looks at Atmosphere Funds Site .Cookies are pieces of information that a website transfers to the hard drive of a visitor's computer for record-keeping purposes. This information facilitates the Users use of Atmosphere Funds Site and ensures that the Users do not need to re-enter their details every time they visit it. The Users can erase or choose to block this information from their computer if they want to; please refer to the respective browser settings to do so. Erasing or blocking such information may limit the range of features available to the the Users on the Site. Atmosphere Funds also use such information to provide the Users a personalized experience on Atmosphere Funds Site . Atmosphere Funds may use such information to allow the Users to use the Site to auto-populate email forms, to make improvements and to better tailor Atmosphere Funds Site to the Users’ needs. Atmosphere Funds also use this information to verify that the Users meet the criteria required to process their requests.

Security:Atmosphere Funds have implemented technology and policies, with the objective of protecting the Users privacy from unauthorized access and improper use, and periodically review the same. However, Atmosphere Funds Site is on the world wide web and internet security is a very dynamic issue. Hence, in cases where there is unauthorized access to or loss of data from the Site by hackers and other "cyber vandals", viruses and other technical breakdowns resulting in the Site being de-faced, presenting incorrect or inaccurate information, or experiencing downtime, Atmosphere Funds will not be responsible.

Third Parties:For the Users convenience, this page may contain certain hyperlinks to other pages as well as to websites outside Atmosphere Funds. In addition, the Users may have linked to Atmosphere Funds Site from another website. Atmosphere Funds are not responsible for the privacy policies and practices of other websites, even if the Users access them using links from Atmosphere Funds website. Atmosphere Funds make no promises or guarantees regarding data collection on the hyper-linked pages and on websites that are not owned by Atmosphere Funds . Atmosphere Funds recommend that the Users check the policy of each Site the Users visit, or link from, and contact the owners or operators of such websites if the Users have any concerns or questions.

C. DISCLAIMER

By using the Site, the User agrees that the use is solely at the User’s own risk. Atmosphere Funds does not represent or warrant that the Site will be available at all times or that the content of the Site is timely, accurate or complete. The contents of the Site have been provided in good faith and are for general purposes. Atmosphere Funds makes no commitment to update or correct any information that appears on the Site.


The Site provides information about Atmosphere Funds own products and nothing contained in the Site shall be deemed or construed to constitute as an offer or solicitation to conduct investment business in any jurisdiction.


Information is supplied upon the condition that the User receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at this web site shall constitute an invitation to invest in Atmosphere Funds or any of its affiliates. Any use of the Site or the information is at the User’s own risk.


THE SITE/INFORMATION IS PROVIDED TO THE USER ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. ATMOSPHERE FUNDS, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THE SITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. ATMOSPHERE FUNDS WILL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, USER’S USE OF THE SITE OR USER’S INABILITY TO USE THE SITE, EVEN IF ATMOSPHERE FUNDS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


The information contained in the Site is not intended to provide or constitute investment or professional advice of any kind and should not be relied upon solely in that regard and should carefully read the appropriate prospectus, confidential explanatory memorandum and other relevant documentation and/or terms and conditions relating to any specific investment product before applying to purchase. Potential investors accessing this site should seek their own independent financial advice where appropriate.