The information contained in this website is confidential, it is intended only for the person to whom access has been provided and it may not be published, distributed, or reproduced for any purpose without written permission from DaVinci Capital Partners Inc. (“DaVinci”). The content of this website is for information only and does not constitute an offer to sell or a solicitation of an offer to buy any security in any jurisdiction to any person, nor does it constitute a financial promotion, tax advice, legal advice, investment advice, or an inducement or incitement to participate in any product, offering, or investment. The content of this website should not be relied upon in making an investment or other decision. None of DaVinci or its officers, directors, employees, shareholders or members guarantee the performance of any investment, any particular rate of return or any return of capital invested. Products and services of DaVinci are only offered in jurisdictions where they may be lawfully offered for sale.
This website contains forward-looking statements. All statements, other than statements of historical fact, that address activities, events or developments that DaVinci believes, expects or anticipates will or may occur in the future (including, without limitation, statements regarding any objectives and strategies of a fund or account) are forward-looking statements. These forward-looking statements reflect the current expectations, assumptions or beliefs of DaVinci based on information currently available. Forward-looking statements are subject to a number of risks and uncertainties that may cause actual results to differ materially from those discussed in the forward-looking statements, and even if such actual results are realized or substantially realized, there can be no assurance that they will have the expected consequences or effects.
Past performance should not be seen as a guide to the future. Unaudited figures are based on estimates and may be subject to material change. Unless otherwise noted, information is presented as of the date of this document and DaVinci assumes no duty to and does not undertake to update any of the information contained in this document after the date of this document. In particular DaVinci’s investment and risk management processes may evolve over time or due to market conditions, and the descriptions of such processes only reflect DaVinci’s expected process as of the date of this document.
This website does not contain a complete description of the funds managed by DaVinci (the “Funds”) or the risks associated with an investment therein and is subject to and qualified in its entirety by reference to the applicable offering documents of the funds (the “Offering Documents”). Potential investors should carefully review the Offering Documents, which contain important information concerning the Funds and the risks associated with an investment, including the risk of loss of the investment. Any person investing in a Fund must be able to bear the risks involved and must meet the eligibility requirements relating to such investment. Commissions, management fees, carried interest allocations, other charges and expenses all may be associated with investing in the Funds. Some or all alternative investment programs may not be suitable for certain investors. Investors in a Fund may lose all or a significant portion of their investment. No assurance can be given that a Fund’s investment objectives will be achieved.
Certain economic and market information in this document has been obtained from published sources and/or prepared by third parties and, although believed to be reliable, has not been independently verified. Neither DaVinci nor its directors, officers, employees and representatives, nor any of their affiliates, make any representation, accept any liability or loss, or assume any responsibility, relating to such information, including as to its accuracy, reliability, or completeness.
Privacy Policy
Identifying Purpose
DaVinci Capital Partners (“DaVinci”) may collect, use and/or disclose personal information about you from time to time, including information about you such as your name, mailing address, telephone number, email address. Personal information collected by DaVinci is used for one or more of the following purposes: to verify your identity; to provide you with information about DaVinci services and events, and to improve the content of our Website and/ or our services.
In addition to the personal information you may provide to us, the Website uses technology that allows the DaVinci to collect certain technical information including the date and time the Website is accessed, the Internet address of the website from which the Website is linked and the Website pages read and images viewed. This information is solely intended for analytical use and system administration purposes and to improve the Website and may be disclosed to other persons and permanently retained for future use.
From time to time, DaVinci may place information on your computer to allow DaVinci to identify you. This information is commonly known as “cookies” . By showing how and when DaVinci visitors use the Website, this information can help DaVinci continue to improve the Website. If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. NOTE: If cookies are turned off, you may not be able to view certain parts of the Website that may enhance your visit.
Emails and Ebulletins/ Newsletters
If you contact DaVinci by email or otherwise indicate that you would like to receive emails from DaVinci, then from time to time, we may send you email or other communications containing information about DaVinci and/ or the Website. At any time you may ask us to stop sending you email, ebulletins, newsletters and other information. To withdraw from our communications, send your request to [email protected].
Limitations on Use
DaVinci will limit its collection of personal information to that information which is necessaryfor the purposes identified in this Policy. DaVinci will retain your personal information only for so long as is necessary to fulfill the purposes identified. Please also note that if DaVinci is compelled by law, court order or other judicial process to disclose any of your personal information to a court , administrative body, government agency or other third party, DaVinci will attempt to give you prior notice using the contact information you provided. You hereby authorize DaVinci to disclose any information about you for any of the above stated purposes.
Safeguards
DaVinci will use its best efforts to protect your personal information through safeguards appropriate to the sensitivity of the information to protect your personal information against loss or theft , as well as unauthorized access, disclosure, copying, use or modification.
Access to your personal information will be limited to staff and/ or those persons tasked with the duties set out above. Despite our best efforts, DaVinci cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy.
Other Websites
For your convenience, the Website may include links or references to other websites or resources and businesses operated by other persons. DaVinci does not endorse and has no responsibility, liability or control over any other websites or their collect ion, use or disclosure of your personal information. We encourage you to read the Privacy policies or statements of those other websites to learn how they collect , use or disclose your personal information.
Terms of Use
Effective Date: October 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND THE DISCLOSURES ELSEWHERE ON HTTPS://DAVINCICAPITAL.COM AND ANY PAGES THEREOF (THIS “WEBSITE”). BY ACCESSING THIS WEBSITE AND/OR USING ANY CONTENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF AND DISCLOSURES IN THIS TERMS OF USE AGREEMENT, AS AMENDED FROM TIME TO TIME (COLLECTIVELY, THESE “TERMS OF USE”), WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.
Acceptance of and Changes to the Terms of Use The terms “you” and “user” refer to anyone who accesses the Website and/or its Content. DaVinci Capital Partners Inc. (“DaVinci”) reserves the right to change these Terms of Use at any time without notice to you. Changes will be posted on this Website under “Terms of Use” and thereafter shall apply to all access to and use of the Website and/or Content. Your use of the Website or any Content after any changes have been posted will constitute your agreement and consent to the modified Terms of Use. You can determine when these Terms and Conditions were last revised by referring to the “EFFECTIVE DATE” legend set forth above.
Jurisdictions DaVinci is licensed to provide services as an exempt market dealer to residents of Alberta, Ontario and Nova Scotia. DaVinci is licensed to provide services as an adviser to residents of Alberta, British Columbia, Ontario, Nova Scotia, Quebec and Saskatchewan. Information from this website regarding services and products of DaVinci is intended for use only in jurisdictions where such services or products may lawfully be offered for use and/or for sale and neither use nor sale is intended where prohibited by law
Security and Privacy All information that may be submitted to us via the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use by reference. Users are solely responsible for the actual password(s) chosen by them. Users of this Website are solely responsible for maintaining the security of their username(s) and password(s), and ensuring that only the user uses the username(s) and password(s). User agrees not to disclose their username(s) and password(s) to any other person. DaVinci shall not be responsible for the unauthorized use of the service by any other person with user’s username or password(s), and DaVinci is under no obligation to confirm the actual identity or authority of any user of the username(s) or password(s). User shall notify DaVinci immediately upon becoming aware of any known or suspected unauthorized use of the user’s username(s) or password(s) to gain access to the service, or any other breach of security involving user’s username(s) or password(s). BY USING THE WEBSITE, YOU ALSO SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF DAVINCI PROCESSING YOUR NON-PUBLIC PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
Website and Content DaVinci is an independent investment management firm focused on long term capital growth for a clientele of high net worth individuals, families and institutions.DaVinci’s products and services may not be appropriate for other types of prospective clients. We may change or disable the Website, Content and any other materials or information on the Website at any time in our sole discretion without any liability to you.
This Website and all materials contained herein, including, without limitation, all data, text, images, electronic files, charts, animations and video displayed on, posted to or otherwise made available on this Website (the “Content”) constitute the property of DaVinci and/or its licensors, and is protected by copyright and other intellectual property laws. All trademarks, service marks, trade names, service names and logos (collectively, the “Marks”) displayed on this Website and within the Content are proprietary to their respective owners and are protected by applicable trademark, copyright and other applicable intellectual property laws. Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark. The Marks may not be used to disparage DaVinci or the applicable third-party, DaVinci’s or third-party’s products or services, or in any manner that may damage any goodwill in the Marks. Use of any Marks as part of a link to or from any website is prohibited without DaVinci’s prior written consent. All goodwill generated from the use of any of DaVinci’s Marks shall inure to DaVinci’s benefit.
THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT MAKE ANY REPRESENTATION AS TO THE RELIABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION AND CONTENT. IF YOU RELY ON SUCH INFORMATION OR CONTENT, YOU DO SO STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR CONTENT BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE BY DAVINCI NOR SHOULD ANYTHING ON THIS WEBSITE (INCLUDING CONTENT) BE RELIED UPON IN MAKING AN INVESTMENT OR OTHER DECISION. YOU SHOULD CONSIDER OBTAINING RELEVANT AND SPECIFIC PROFESSIONAL ADVICE BEFORE MAKING ANY INVESTMENT DECISION.
NO PART OF THE WEBSITE AND/OR CONTENT IS INTENDED TO CONSTITUTE OR FORM ANY COMPONENT OF AN OFFER, OR SOLICITATION OF AN OFFER, TO MAKE ANY INVESTMENTS OR PURCHASE OR SELL ANY SECURITY. ANY SUCH OFFER OR SOLICITATION MAY ONLY BE MADE BY MEANS OF A CONFIDENTIAL OFFERING OR INFORMATION MEMORANDUM FOR A PARTICULAR SECURITY OR INVESTMENT. ACCESS TO INFORMATION REGARDING ANY SUCH INVESTMENTS OR SECURITIES IS LIMITED TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS UNDER APPLICABLE SECURITIES LAWS.
Permitted Use You agree you shall use the Website and the Content exclusively for your personal, non-commercial informational purposes. You agree to abide by any other posted limitations relating to use, reproduction or dissemination of the Website and/or Content. Any use of the Website and/or Content in any way not expressly permitted by these Terms and Conditions is prohibited.
Prohibited Use You agree that you shall not use the Content or Website: (i) for any purpose that is contrary to, or is in violation of, these Terms of Use or any applicable law or regulation; (ii) to exploit or harm any person or entity or attempt to exploit or harm any person or entity; (iii) to transmit or cause the transmission or any advertising or promotional material without our prior written consent; or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website or which, as determined by us, may harm us or users of this Website or expose us or them to liability. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party) to: (i) modify, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, sell, copy or otherwise use in any other way any Content obtained from this Website; (ii) take any action that imposes an unreasonable load on this Website’s infrastructure; (iii) use any robot, spider or other device, software, routine or means to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; (iv) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Website or gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website; (v) delete or alter any Content or other material posted on this Website by DaVinci or any other person or entity; and/or (vi) frame or link to any of the Content or any other materials or information available on this Website without the express written consent of DaVinci.
DaVinci reserves the right to monitor and audit all transactions and data (including e-mail messages) for any purpose sent over its network and your use of this Website and any Content unless prohibited by law. You agree that a printed version of these Terms of Use shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records.
Access You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. This Website is based in and operated from Toronto, Ontario and this Website, Content and any other products and services made available by DaVinci are only available in jurisdictions where it is lawful to advertise and market these products and services. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use in jurisdictions outside of Canada. If you access the Website or the Content from outside of Canada you do so at your own risk. Whether inside or outside of Canada or the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Access Interruptions You understand that DaVinci cannot guarantee that access to the Website, and/or Content will be available at all times. DaVinci reserves right to suspend access to the Website and/or Content without prior notice for scheduled or unscheduled system repairs or upgrades. Further, access to the Website and/or Content may be limited or unavailable due to, among other things: market volatility, peak demand, systems upgrades, maintenance, hardware or software malfunction or failure, Internet service failure or unavailability, the actions of any governmental, judicial or regulatory body and/or other events commonly referred to as force majeure, i.e., “acts of God,” equipment failure, war, terrorism, strikes and acts of the common enemy and/or breakdown of communications. You agree that DaVinci will not be liable to you for any losses incurred by you (including, but not limited to, lost profits, trading losses and similar damages) resulting from such access limitations or unavailability and you hereby indemnify and hold DaVinci and its affiliates harmless from and against any and all losses arising out of, relating to or incurred as a result of access limitations or unavailability of the Website and/or Content.
External Sites This Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Disclaimer of Warranties and Limitation of Liability : THE CONTENT AND THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DAVINCI DOES NOT WARRANT THAT THE CONTENT OR THIS WEBSITE WILL BE FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. DaVinci ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS, CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. DAVINCI SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL DAVINCI, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND/OR OFFICERS, DIRECTORS AND/OR EMPLOYEES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “DAVINCI PARTIES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPES OF LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST TIME, LOST MONEY, LOST PROFITS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, BUSINESS INTERRUPTION OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THIS WEBSITE. IN NO EVENT WILL ANY OF THE DAVINCI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT AND/OR THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DAVINCI PARTIES FOR SUCH DAMAGES SHALL BE LIMITED TO THE LEAST LIABILITY PERMITTED BY LAW.
Indemnification You agree to defend, indemnify, and hold the DaVinci Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content, Website or your account (including by others with or without your knowledge). DaVinci shall provide notice to you of any such claim, suit, or proceeding. DaVinci reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to promptly cooperate with any reasonable requests assisting DaVinci’s defense of such matter.
Registration If we ask you to provide registration details in order to access this Website or some of the resources on this Website, you agree to provide complete and accurate information and to keep the information up-to-date. If you are provided with an account for this Website, you acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your account and you agree that you are fully responsible for all uses of your account, whether by you or others (with or without your knowledge). You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any other breach of security. We may disable any account at any time in our sole discretion and for any reason, including if, in our opinion, you have violated these Terms of Use. In the event of any unauthorized use of your account, we assume no liability or responsibility for any action or inaction by us on behalf of such account.
Termination of these Terms of Use DaVinci reserves the right, in its sole discretion, to restrict, suspend, change, or terminate these Terms of Use, or your access to all or any part of this Website and/or the Content at any time and for any reason or no reason at all without prior notice or liability to you.
Survival The following sections shall survive the termination and/or expiration of this Agreement: Website and Content; Disclaimer of Warranties and Limitation of Liability; Indemnification; Termination of these Terms of Use; and General.
Confidentiality The Website is not a secure medium for e-mail (electronic) communications. Any confidential, proprietary or sensitive information transmitted by a user by means of this website through e-mail may be read and/or copied by unauthorized persons.
Virus Checks When using this Website, it is up to you to take reasonable precautions to scan for computer viruses and other items of a destructive nature. It is also up to you to ensure that you have a complete and current backup of the information contained on your computer system prior to using this Website
General These Terms of Use shall be governed by the laws of the Province of Ontario, Canada and federal laws of Canada applicable therein, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial courts of Ontario sitting in Toronto. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure of DaVinci to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against DaVinci unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by DaVinci and you, these Terms of Use constitute the entire agreement between you and DaVinci with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to this Website might be publicly accessible. Important and private information should be protected by you. DaVinci is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.