Legal
Terms and Conditions
The information and materials on this website are posted for informational purposes only. They are not intended as investment, financial, legal, accounting, tax or other advice and should not be relied upon in that regard. All information herein with respect to the Agilith Funds is qualified in its entirety by the more detailed information contained in the Confidential Offering Memorandum.
The information posted on this website is not an offer to sell or a solicitation to buy any security, which can only be made by Offering Memorandum, nor does it constitute an offer by Agilith Capital Inc. ("Agilith") to provide its investment advisory services in any jurisdiction in which, or to any person to whom, such would not be permitted under applicable law.
Agilith’s products are not being offered in the United States or to U.S. persons by way of this website and may only be offered in the United States or to U.S. persons pursuant to applicable U.S. laws.
An investment in the Agilith funds described herein involves significant investment considerations and risk that are described in the Offering Memorandum. Each potential investor should read the Confidential Offering Memorandum in its entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision.
While the information and materials on this website are believed to be accurate at the time they are posted, Agilith cannot give any assurance that they are accurate, complete or current at all times, and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein. Contents of this website are subject to change and periodic revision at any time. Agilith and its affiliates will not be responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of this website.
Historical results may not be repeated in the future. Accordingly, you should not rely on or view any past performance as a guarantee of future investment performance. Agilith’s products are not guaranteed. Unit values and investment returns will fluctuate.
By accessing this website or any of its pages you understand, accept and agree to the terms set out above. If you do not so accept and agree do not access this website or any of its pages.
As consideration for being able to use this site, you represent and warrant that you are of the age of majority where you reside and agree that such consideration is good and sufficient and agree to abide by the terms and conditions (the “Terms”).
Changes to the Terms and the Site
From time to time, Agilith may:
(a) modify the Terms, so please review the Terms whenever using this site; and
(b) change any aspect of this site (including the content or technical specifications) without notice.
Permitted Uses of the Site
You acknowledge and agree that you may use this site and the contents to ascertain general information about Agilith provided that your use is not illegal, does not adversely affect the use of this site and is not in any manner inconsistent with the Terms.
Agilith Information: Confidential and Proprietary Information
You acknowledge that there is underlying proprietary information and materials relating to this site and that Agilith is the exclusive owner of all such proprietary information and materials (collectively, the “Agilith Information”). No right, title or interest in or to the Agilith Information or any part thereof is given or otherwise conveyed hereunder.
Use of Agilith Trade Names and Trademarks
You shall not use any of Agilith’s trade names or trademarks in any manner whatsoever without the prior written consent of Agilith.
Disclaimer and Limitation of Liability
AGILITH DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY AGILITH TO THE FULLEST EXTENT PERMITTED BY LAW. AGILITH WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THIS SITE BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AGILITH DOES NOT WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS, VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. AGILITH IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE SITE. AGILITH AND/OR THIRD PARTY CONTRIBUTORS TO THIS SITE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS.
Linked Websites
The content of websites that are linked from, or to, this site are not maintained or controlled by Agilith. Agilith is not responsible for the availability, content or accuracy of linked websites. Agilith does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, this site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to this site; or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to this site.
The framing, mirroring, scraping or data-mining of this site or any of its content in any form and by any method is strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of this site or to post comments, communications, or any other data of any kind to or on this site with the intention that such postings may be viewed by other users of this site.
Personal Information Policy
Agilith may collect, use and disclose your personal information in accordance with Agilith’s Privacy Policy. Each time you use this site, you consent to Agilith’s collection, use and disclosure of your personal information in accordance with the Policy as it then reads without any further notice or any liability to you or any other person.
Governing Law
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern the interpretation of the Terms. You agree to submit to the jurisdiction of the provincial and federal courts located in the City of Toronto with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
Unenforceable or Invalid Term
If any Term is found to be unenforceable or invalid for any reason, it will be deemed severed from the Terms, and all other Terms shall remain in full force and effect.
Privacy:
Agilith Capital Inc. and its subsidiaries are committed to ensuring and protecting the privacy and confidentiality of its clients’ personal information. Agilith has therefore adopted this policy to comply with its obligations under current Privacy Legislation. This policy briefly describes how we collect, hold, use and whenever necessary, disclose your personal information. It also summarizes your right to have access to correct the information as necessary. If you have any questions about our privacy policies or your personal information, please contact Agilith Client Services at 416-915-0284 or e-mail your privacy concerns to client@agilith.com
Use of the Internet:
Privacy issues, including security and confidentiality of personal information disclosed on or through this web site, are viewed very seriously by Agilith. Policies governing the protection of privacy are strictly observed and enforced to ensure the highest standards of protection of privacy and personal information.
When you visit this web site, move from page to page, read pages, or download its content onto your computer, the following information may be recorded:
• The address you are connecting from
• Which pages are visited
• What content is downloaded
• The address of the web sites that you visited immediately before coming to this web site.
Agilith uses this information to find out how many people visit this web site and which sections of the web site are visited most frequently. Agilith may use this information to determine what type of information is most useful, improve this web site, address your specific needs, provide better customer service and for general marketing purposes. The information may also be used to provide records of communication between Agilith and you, and to comply with any legal and/or regulatory requirements.
None of the information collected is associated with any individual. It is measured only in aggregate. Agilith records the statistical information on the numbers of visitors to this web site, but no information about individuals in particular is kept or used.
Certain Agilith employees will be provided with information about a web site visitor in order to serve that visitor’s needs and provide the visitor with information regarding specific products. Agilith employees are instructed to use strict standards of care in handling the personal, confidential information and the handling of such information is dealt with in the Agilith Privacy Code. Non-compliance with this code will result in disciplinary sanctions that may include dismissal.
Client Record and Personal Information
The privacy of our investors is very important to us. Set forth below are our policies with respect to personal information of subscribers, investors and former investors that we collect, use and disclose. In connection with the offering and sale of limited partnership units (the “Units”), we collect and maintain personal information about subscribers. We collect their personal information to enable us to provide you with services in connection with their investment in the Partnership, to meet legal and regulatory requirements and for any other purpose to which they may consent in the future. Investors’ personal information is collected from the following sources:
• subscription agreements or other forms that they submit to us;
• their transactions with us and our affiliates; and
• meetings and telephone conversations with them.
Unless a subscriber otherwise advises, by providing us with their personal information they have consented to our collection, use and disclosure of their information as provided herein. We collect and maintain their personal information in order to give them the best possible service and allow us to establish their identity, protect us from error and fraud, comply with the law and assess their eligibility in our products.
We may disclose their personal information to third parties, when necessary, and to our affiliates in connection with the services we provide related to their subscription for Units of the Partnership, including:
• financial service providers, such as banks and others used to finance or facilitate transactions by, or operations of, the Partnership;
• other service providers to the Partnership, such as accounting, legal, or tax preparation services; and
• taxation and regulatory authorities and agencies.
We seek to carefully safeguard their private information and, to that end, restrict access to personal information about them to those employees and other persons who need to know the information to enable us to provide services to them. Each employee of Agilith Global Mining Venture GP Inc. and Agilith Capital Inc. is responsible for ensuring the confidentiality of all personal information they may access.
Investors’ personal information is maintained on our networks or on the networks of our service providers and are accessible at 82 Munro Boulevard, Toronto, Ontario M2P 1C4. Personal information may also be stored on a secure off-site storage facility. An investor may access their personal information to verify its accuracy, to withdraw their consent to any of the foregoing collections, uses and/or disclosures being made of their personal information and may update their information by contacting Agilith Capital Inc.at the following number: (416) 915-0284. Please note that an investor’s ability to participate in the Partnership may be impacted should they withdraw their consent to the collection, use and disclosure of their personal information as outlined above.
Investors resident in Ontario should be aware that the Partnership is required to file with the Ontario Securities Commission a report setting out the Subscriber’s name and address, the class and series of Units issued, the date of issuance and the purchase price of Units issued to the Subscriber. Such information is collected indirectly by the Commission under the authority granted to it in securities legislation, for the purposes of the administration and enforcement of the securities legislation of Ontario. By submitting this subscription, the Subscriber authorizes such indirect collection of the information by the Commission. The following official can answer questions about the Commission’s indirect collection of the information:
Administrative Assistant to the Director of Corporate Finance
Suite 1903, Box 5520 Queen Street West
Toronto, Ontario M5H 3S8
Telephone: (416) 593-8086
Facsimile: (416) 593-8252
Right to Access and Correct Your Personal Information
Except in limited circumstances described in the legislation, you are entitled to access, through a written request, the personal information contained in your client record. You may verify this personal information and request that any inaccurate information be corrected. For information on this process, please contact us at Agilith Client Services, at 416-915-0284. If your concerns have not been resolved to your satisfaction, you may contact the Privacy Compliance Officer at Agilith at 416-915-0284.
Limits on How Long Personal Information is Kept
Agilith will only retain your personal information as long as it is necessary, including updating the product or service or as required by law. When we destroy the information, we will use safeguards to prevent unauthorized parties from gaining access to the information during the process.
