Please carefully read this important information before entering this Website. It contains legal and regulatory notices relevant to the information contained on this Website. By accepting Our disclaimer you agree to be bound by Our terms and conditions set forth herein (“Terms and Conditions”). If you do not accept these Terms and Conditions, please do not continue to use or access any pages of this Website.

This website is issued and communicated by BAY CAPITAL ICAV (the “Fund”), an open-ended Irish Collective Asset-management Vehicle with registered number C553333 with segregated liability between sub-funds and established as an umbrella fund pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 (as amended) having its registered office at 5 George’s Dock, IFSC, Dublin 1.

This website is intended for use by and directed at professional and institutional clients who possess the necessary experience, knowledge and expertise to make their own investment decisions and to properly assess the risks associated with their decisions

The distribution of this fund and the offering of shares of any class mentioned on this website may be restricted in certain jurisdictions. The information material of any fund available on the website does not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is not authorised or the person receiving the offer or solicitation may not lawfully do so. It is the responsibility of any person in possession of this information and of any person wishing to apply for shares of any fund, to inform himself of and to observe all applicable laws and regulations of the countries of his nationality, residence, ordinary residence or domicile.

The contents of this site have been prepared solely for information purposes and is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Fund does not give or make any guarantee, representation, warranty or other promise or confirmation (whether express or implied) as to its accuracy or completeness.

Please note that the investment products and investment services referred to in this website may not be suitable or appropriate for all investors. It is your responsibility to seek relevant advice on the contents included herein.

Risk Warnings

Please remember that the value of investments and the income from them can fluctuate (this may partly be the result of exchange rate fluctuations) and you may not get back the full amount invested. Past performance may not be a reliable guide to future performance. A comprehensive list of risk factors is detailed in the Prospectus and the key investor information document (“KIID”). No investment should be contemplated until the risks are fully considered. The Prospectus and KIID can be viewed on this website.

The Fund does not provide financial, investment, tax or any other professional advice in any way and none of the information on this site should be construed as such.

None of the information contained on this site constitutes an offer to buy or sell or a solicitation by or on behalf of the Fund to buy or sell any security, product, service or investment.

Any opinions expressed on this site do not constitute investment advice and independent advice should be sought where appropriate. Where the Fund has expressed its own views and opinions, these may change.

The performance made available on the website does not take account of any commissions and costs charged when subscribing to and redeeming units. Commissions and costs have a negative impact on performance.

Investment returns may increase or decrease as a result of exchange rate fluctuations where the currency of a financial product differs from your reference currency or the Indian Rupee as the investments made by the Fund will primarily be in Indian securities.

Restrictions on Offer, Solicitation, and Distribution

This website is not directed at, or intended for distribution to or use by, any person or entity that is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to the applicable law or regulation or which would subject the Fund to any registration or licensing requirement within such jurisdiction.

None of the information contained on this website constitutes an offer to buy or sell or a solicitation by or on behalf of the Fund to buy or sell any security, product, service or investment. This website is solely for information purposes only.

USA

The shares in the Fund have not been and will not be registered under the US Securities Act of 1933 (the “1933 Act”) as amended or the securities laws of any of the states of the United States. The Shares may not be offered, sold, transferred, pledged or delivered, directly or indirectly, in or into the United States or to or for the account or benefit of any US Person except pursuant to an exemption from, or in a transaction not subject to the registration requirements of the 1933 Act and any applicable state laws, nor in any jurisdiction in which the Fund is not authorised to be publicly sold. The Fund is available only in jurisdictions where its promotion and sale is permitted.

The information contained in the website may not be redistributed directly or indirectly to any citizen or resident of the United States or any other jurisdiction where its distribution may be restricted by law.

Terms of Use

Before continuing to the website, please read the terms of use carefully.

Your use of this website constitutes your acceptance of the terms and conditions set forth in this notification. This affirmation constitutes a binding legal agreement on your own behalf and where applicable, on behalf of any client that you represent, act as agent for and or are associated with. If you do not agree to these terms and conditions, please do not go to the site, or access any page thereof.

Legal

This website and the material contained herein (including information from third parties) is provided “as is’, without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.

By entering this site, you acknowledge and agree that the use of this site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall the Fund be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this site or any material on any site linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by the Fund in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

We do not warrant that this site does not infringe any intellectual property rights of third parties.

Our website may contain links to other websites. However, once you have used these links to leave our site, you should note that we no longer have any control over these external websites. Therefore, we are not responsible for the adequacy or accuracy of any of the information you may view, nor do we undertake to ensure successful transmission to any linked website.

No data transmission over the internet can be guaranteed as totally secure. While the Fund strives to protect such information, we do not guarantee and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

The website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

The information on this site is issued by the Fund.

Restrictions on Use of Materials

Trademarks and Copyrights

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this website may constitute trade names, registered or unregistered trade-marks or service marks (“Trade-marks”) of Bay Capital Partnes Ltd, its subsidiaries or of third parties and used under license by the Fund. The display of Trade-marks on pages at this website does not imply that any license has been granted to any third party.

Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this website may be a violation of statutory or common law rights which could subject the violator to legal action.

Website Use

Any deliberate misuse of an element of this website (including, without limitation, piracy, the introduction of viruses, site disturbance, excessive use or use contrary to applicable law) is expressly prohibited.

The Fund reserves the right to change or modify these terms and conditions without notice. The Fund may terminate your access at any time and without liability by sending you a notification by any means possible if you have breached any of the above conditions.

Severability

In the event that one of the provisions of these terms and conditions of use is deemed unlawful, void or unenforceable, such provision shall be considered as severable from these terms and conditions of use without any effect on the validity or enforceability of the other provisions.

Governing Law and Jurisdiction

This website and its content shall be governed by and construed in accordance with Irish law. Any dispute arising or relating thereto will be subject to the exclusive jurisdiction of the Courts of Ireland.

Contact

The Fund can be contacted at info@baycapitalucits.com