Effective Date: 16/07/2022
1. Introduction
These Terms of Service (the “Terms”) govern your access to and use of the website operated at https://sunnov.com and any related pages, portals and online services that link to these Terms (together, the “Site”). The Site is operated by Sunnov Investment Pte. Ltd. (UEN: 201225494E), a company incorporated in Singapore (“Sunnov Investment”, “Sunnov”, “we”, “us” or “our”).
Sunnov is a Singapore‑based investment manager founded in 2012. The firm serves accredited investors, foundations and endowments globally, running long‑only equity strategies as its core, with complementary long or short equity, global macro, event‑driven and systematic mandates, and structured avenues for eligible retail participation.
Company registration number: UEN 201225494E
Registered address: 60 Paya Lebar Road, Paya Lebar Square, Singapore 409051
Telephone: +65 3106 1460
Email: [email protected]
2. Acceptance of These Terms
Please read these Terms carefully before using the Site. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agree to be legally bound by these Terms and by any documents expressly incorporated by reference (including our Privacy Policy).
If you do not agree to these Terms, you must not access or use the Site.
If you use the Site on behalf of a company, partnership, fund, trust or other legal entity, you represent and warrant that you are authorised to accept these Terms on behalf of that entity, and “you” and “your” shall refer to that entity and its affiliates as well as to you personally.
3. Scope of These Terms and Other Applicable Documents
These Terms govern your access to and use of the Site only. They do not govern your relationship with Sunnov in any other capacity, including as an investor, client, service provider or employee. Such relationships are, or will be, governed by separate agreements, offering documents, constitutional documents, investment management agreements or other contractual terms (together, the “Transaction Documents”).
In the event of any inconsistency between these Terms and any Transaction Documents, the relevant Transaction Documents shall prevail to the extent of the inconsistency in relation to the subject matter they govern.
4. Eligibility, Investor Classification and Local Restrictions
The Site is intended primarily for use by persons who are:
- “accredited investors”, “institutional investors” or other categories of sophisticated or professional investors as defined under applicable Singapore legislation and regulations; and / or
- otherwise lawfully permitted under the laws and regulations of their jurisdiction to receive information about the strategies, funds and services described on the Site.
By accessing the Site, you represent and warrant that:
- you are of legal age and have full capacity under the laws of your jurisdiction to enter into a binding contract with us; and
- you are not subject to any legal or regulatory prohibition or restriction that would make your access to, or use of, the Site unlawful.
The distribution of information on the Site and the services described may be restricted by law or regulation in certain jurisdictions. It is your responsibility to inform yourself of, and to observe, any such restrictions that apply to you. Sunnov does not represent or warrant that the Site or its content is appropriate or available for use in any particular
jurisdiction.
5. No Investment Advice, No Offer or Solicitation
The content on the Site is provided for general information purposes only. Nothing on the Site:
- constitutes, or shall be construed as constituting, investment, legal, accounting, tax or other professional advice;
- is intended to be, or shall be construed as, a recommendation or invitation to make any investment decision of any kind; or
- constitutes an offer to sell, or a solicitation of an offer to buy, any securities, units, interests, investments or services in any jurisdiction.
Any offer or solicitation in relation to any fund, mandate or product managed or advised by Sunnov shall be made only by means of the final Transaction Documents relating to such fund, mandate or product, and only to those prospective investors in jurisdictions where such an offer or solicitation would be lawful and authorised.
The information on the Site is not, and is under no circumstances to be construed as, a prospectus, product highlights sheet, information memorandum or offering document under Singapore law or the laws of any other jurisdiction.
Past performance is not indicative of, and does not guarantee, future results. The value of investments and any income from them may fall as well as rise and you may not get back the amount invested. You should obtain independent professional advice before making any investment decision.
6. Access to and Changes to the Site
We grant you a limited, revocable, non‑exclusive and non‑transferable right to access and use the Site for your own internal business or informational purposes in accordance with these Terms.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, restrict or change all or any part of the Site without notice. We shall not be liable to you if for any reason all or any part of the Site is unavailable at any time or for any period.
We may update the content on the Site from time to time. Although we take reasonable care to ensure that information on the Site is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete, reliable or current.
7. Your Responsibilities
You are responsible for ensuring that all persons who access the Site through your internet connection or under your control are aware of these Terms and comply with them.
You are responsible for:
- maintaining the confidentiality and security of any login details, passwords or other credentials used to access any restricted parts of the Site; and
- all activities that occur using your credentials, whether or not authorised by you.
You shall promptly notify us at [legal or support email address] if you become aware of, or reasonably suspect, any unauthorised access to or use of the Site or your credentials.
8. Prohibited Uses
You must use the Site in accordance with all applicable laws, regulations and these Terms at all times. Without limitation, you must not:
- impersonate or attempt to impersonate Sunnov or any of its employees, representatives, affiliates or group entities;
- misrepresent your identity or your affiliation with any person or entity;
- send, or attempt to send, any unauthorised or unsolicited advertising, promotional material or communication, including spam, junk mail or chain letters;
- use the Site for any fraudulent or unlawful purpose, or in any manner that infringes any applicable law or regulation of Singapore or of the jurisdiction in which you are situated;
- engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm us or other users or expose us or them to liability;
- use the Site in any manner that could disable, overburden, damage, disrupt or impair the Site or interfere with any other party’s use of the Site;
- use any robot, spider, scraper, automated device, process, software or means to access, monitor or copy any part of the Site for any purpose without our prior written consent;
- use any manual process to monitor or copy any material on the Site for any unauthorised purpose without our prior written consent;
- introduce or transmit any viruses, Trojan horses, worms, logic bombs or other material that is malicious, technologically harmful or designed to interfere with, damage or disrupt the operation of any computer system, software or hardware;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, network or database connected to the Site;
- attack or attempt to attack the Site via a denial‑of‑service attack or a distributed denial‑of‑service attack; or
- otherwise attempt to interfere with the proper working of the Site.
9. Intellectual Property Rights
Unless stated otherwise, the Site and all content and materials on it, including without limitation all logos, trade marks, service marks, trade names, design elements, text, graphics, charts, images, audio clips, video clips, data, software, databases, compilations and their selection and arrangement (together, the “Content”), are owned by Sunnov, its licensors or other third parties and are protected by copyright, trade mark and other intellectual property laws in Singapore and worldwide.
All rights in and to the Site and the Content are expressly reserved. You are granted a limited, revocable, non‑exclusive and non‑transferable licence to access and display the Site and the Content on your device solely for your own internal business or informational purposes, subject to these Terms. Except as expressly permitted in these Terms or as permitted by law, you must not:
- copy, reproduce, modify, adapt, translate, create derivative works from, publish, distribute, transmit, broadcast, display, sell, licence or otherwise exploit any part of the Site or the Content;
- remove, obscure or alter any copyright, trade mark or other proprietary notices on the Site or the Content; or
- use any trade mark, service mark or logo displayed on the Site without our prior written consent or the prior written consent of the relevant owner.
If you print, copy, download or otherwise use any part of the Site or the Content in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Notice Procedure for Infringement Claims
If you believe in good faith that any Content infringes your copyright or other intellectual property rights, please send a written notice to our designated representative at [legal email address] with the subject line “Notice of Alleged Infringement”. Your notice should:
- identify the work or rights claimed to have been infringed (or, if multiple works are covered, provide a representative list of such works);
- identify the material that is claimed to be infringing and provide information reasonably sufficient to enable us to locate it (for example, a URL or screenshot);
- provide your full name, postal address, telephone number and email address;
- include a statement that you have a bona fide belief that the disputed use is not authorised by the rights holder, its agent or the law; and
- include a statement that the information in the notice is accurate and that you are the owner of the rights alleged to be infringed, or are authorised to act on behalf of that owner.
We will process properly completed notices in accordance with applicable Singapore law and any other applicable legislation. You may be liable for damages (including costs and legal fees) if you knowingly make a material misrepresentation regarding infringement.
10. Third‑Party Content and Links
The Site may contain links to, or content from, third‑party websites or resources (“Third‑Party Content”). Third‑Party Content is provided for your convenience only and does not constitute any endorsement, approval or recommendation by Sunnov.
We do not control and are not responsible for Third‑Party Content, including its accuracy, completeness, timeliness, legality or availability. If you access any Third‑Party Content, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of the relevant third parties.
11. Risk Warnings Relating to Investments
The strategies and investments described on the Site involve significant risks. Without limitation:
- the value of investments and the income from them may fall as well as rise and you may not get back the amount you invested;
- past performance is not a reliable indicator of future performance;
- rates of exchange may cause the value of investments to rise or fall; and
- returns may be affected by, among other things, interest rates, market conditions, political events and issuer‑specific factors.
Any projections, forecasts, targets or forward‑looking statements on the Site are based on assumptions and are subject to uncertainties, changes in circumstances and other risks, many of which are outside our control. Actual results may differ materially and no assurance, representation or warranty is given that any such projections, forecasts, targets or statements will be achieved.
12. Disclaimers and No Warranties
The Site and all Content are provided “as is” and “as available”. To the fullest extent permitted by applicable law, Sunnov and its directors, officers, employees, representatives and agents expressly disclaim all conditions, warranties, representations and other terms, whether express or implied, including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non‑infringement, availability, accuracy, completeness, timeliness or freedom from computer viruses or other harmful components.
Without limiting the foregoing, we do not warrant or represent that:
- the Site or any Content will be available at any particular time or place, or will be uninterrupted or secure;
- any defects or errors will be corrected; or
- the Site or any Content will be free from viruses or other harmful components.
Nothing in these Terms excludes or limits any condition, warranty, representation or other term that cannot lawfully be excluded or limited under applicable law.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Sunnov and its directors, officers, employees, representatives, agents and affiliates shall not be liable to you or to any other person for any:
- loss of profits, loss of revenue, loss of business, loss of contracts, loss of opportunity, loss of savings, loss of goodwill or reputation, or loss or corruption of data; or
- indirect, consequential, incidental, punitive, exemplary or special loss or damage,
arising out of or in connection with:
- your access to, use of, inability to use or reliance on the Site or any Content;
- any error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or loss of data; or
- any acts, omissions or conduct of any third party, including Third‑Party Content,
whether based on contract, tort (including negligence), statutory duty or otherwise, even if we have been advised of the possibility of such loss or damage.
To the extent that we are liable to you in connection with the Site or these Terms and such liability cannot be lawfully excluded, our aggregate liability to you in respect of all claims arising out of or in connection with the Site and these Terms shall, to the fullest extent permitted by applicable law, be limited to the greater of:
- the total amount of any fees that you have paid directly to us (if any) for access to or use of the Site during the twelve (12) months immediately preceding the event giving rise to the claim; and
- Singapore dollars one hundred (S$100).
Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
14. Indemnity
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Sunnov and its directors, officers, employees, representatives, agents, affiliates, service providers and licensors from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, awards, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- your use of, or conduct in connection with, the Site or the Content;
- your breach of these Terms; or
- your violation of any applicable law or any rights of any third party.
We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defences.