TERMS & CONDITIONS OF USE – OASIS WEBSITE, OASIS TWITTER FEED, AND SOCIAL MEDIA PLATFORMS

Please read the below terms, conditions and disclaimers carefully. These terms apply to materials available on the Oasis website, Oasis twitter feed, and other social media platforms, as applicable.  You must accept these terms and conditions of use before you can proceed to access any such information, and if you do not agree, you should immediately cease to access such materials.

By accessing and using the Oasis Management Company Limited (“Oasis”) website, www.oasiscm.com (the “Website”), Oasis Twitter feed (@Oasis_Capital), and other forms of social media, you are agreeing to be legally bound by these terms and conditions of use (“Terms of Use”), as applicable. The terms “you” and “user” refer to anyone who accesses the website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear. Oasis may change these Terms of Use at any time and at its sole discretion, with or without advance notice. Each time you use or access the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content appears, you are responsible for being familiar with, and are bound by, the then-current version of the Terms of Use. Changes will be posted at www.oasiscm.com under “Terms of Use”. Your use of the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes. If you do not agree to be bound by the Terms of Use, you are not permitted to use or access the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear.

ABOUT OASIS

Oasis Management Company Ltd. (“Oasis”, “Oasis Management”, or the “Investment Manager”), is an exempted company with limited liability incorporated in the Cayman Islands.  Oasis Management has been registered as a CPO with the US Commodities Futures Trading Commission (“CFTC”) and a member of the US National Futures Association (“NFA”) (NFA ID: 0323361) since September 30, 2002.

Oasis Management (Hong Kong) LLC has been licensed since 2004 with the Hong Kong Securities and Futures Commission (the “SFC”) to carry out Types 4 (advising on securities), 5 (advising on futures contracts) and 9 (asset management) regulated activity under the provisions of the Securities and Futures Ordinance (Cap.571) (the “HK SFO”), and also holds a GBL1 license from the Mauritius Financial Services Commission (“FSC”).

Oasis Management and Oasis Hong Kong rely on the exemption from US SEC registration provided by Rule 203(m)-1 under the US Advisers Act (the “private fund adviser exemption”), and have filed the necessary Form ADV with the US SEC to notify and record their reliance on the available exemptions – Oasis Management and Oasis Hong Kong are each deemed to be an “Exempt Reporting Advisor” (“ERA”) with the SEC.

Oasis Capital Partners (Texas) Inc. is registered with the US Securities & Exchange Commission (“SEC”) as an investment advisor under the US Advisers Act (IARD/CRD # 171703).  Oasis Capital Advisors LLC is registered as a relying advisor with the SEC.  The portions of this website relating to or under the control of Oasis Capital Partners (Texas) Inc. are only intended for clients and interested investors residing in states in which Oasis Capital Partners (Texas) Inc. is qualified to provide investment advisory services.  Please contact Oasis Capital Partners (Texas) Inc. at +1-512-255-1025 to find out if the investment adviser is qualified to provide investment advisory services in the state where you reside.  Oasis Capital Partners (Texas) Inc. does not attempt to furnish personalized investment advice or services through this website.

ABOUT OASIS CONTENT ON SOCIAL MEDIA PLATFORMS

No Oasis content published on any social media platform is an offer to sell or a solicitation of an offer to buy shares of any Oasis investment product to any person in any jurisdiction in which an offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Additionally, all Oasis content published on any social media platform is for informational purposes only and should not be considered as investment advice or a recommendation to invest in any particular security, strategy or investment product. Oasis is not engaged in rendering any tax, legal or accounting advice. Please consult with a qualified professional for this type of advice. References to specific securities and their issuers or other investments are not intended and should not be interpreted as recommendations to purchase, sell or hold such securities or other investments. Oasis products and strategies may or may not include the investments referenced and, if such investments are included, no representation is being made that such investments will continue to be included. Personnel of Oasis may or may not invest, directly or indirectly, in the specific investments and their issuers that are referenced in Oasis content by such personnel. Although Oasis have taken reasonable care to ensure that the Oasis content is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by Oasis.

USE SOCIAL MEDIA PLATFORMS AT YOUR OWN RISK

Oasis and its respective affiliates, directors, officers, registered representatives or employees are not liable for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use of, or inability to access or use, a social media platform, or reliance on any Oasis content or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with a social media platform. Use of a social media platform is at your own risk.

PRIVACY POLICY – SOCIAL MEDIA PLATFORMS

Oasis is not responsible for the privacy policies of any social media platform on which Oasis content may appear.

USE OF THE OASIS WEBSITE

Oasis owns, operates and maintains the Website. The Website and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on the Website (the “Content”) is the property of Oasis, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered, or unregistered Marks of Oasis, or others. Nothing contained on the Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written consent of Oasis, or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You agree that when accessing Content on the Website, you shall not use such Content for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, the use of the Website is for your personal and non-commercial use. You may print, copy, and download any Content contained in the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Website, except as otherwise expressly provided herein, without the express prior written consent of Oasis. If you copy or download any Content you agree not to obscure, delete or modify any notices or legends contained therein.

If you use or access (or attempt to use or access) the Website in breach of any of the Terms of Use, neither Oasis nor any of its associates or affiliates will be liable to you for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with such use or access (or attempt to use or access) of the Website.

USE OF PASSWORDS

In order to access certain parts of the Website you will be required to select a username and a password. Only you are authorized to use your password and you may not transfer your password to any other person. Any such transfer of passwords or use of passwords by an unauthorized person is strictly prohibited. Please safeguard you username and password carefully.

INFORMATION ON THE WEBSITE

The Website contains:

  • General information about Oasis, its principal employees, and its research.

PURPOSE AND ACCURACY OF INFORMATION ON THE WEBSITE

The information on the Website (the “Content”) is directed only at persons or entities in any jurisdiction or country where access to Content and use of such Content is not contrary to local law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions. Nothing on the Website is intended to, nor will, constitute an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to on the Website or any other security or financial instrument, or to provide any investment services or advice in any jurisdiction. The Content is provided by Oasis and certain third parties for information purposes only. To the best of our ability and belief, all information contained herein is accurate and reliable, and has been obtained from public sources we believe to be accurate and reliable, and who are not insiders or connected persons of the stock covered herein or who may otherwise owe any fiduciary duty or duty of confidentiality to the issuer. We expend considerable time and attention striving to ensure that our research analysis and written materials are complete and accurate, and we strive for accuracy and completeness to support our opinions, and we have a good-faith belief in everything we write, however, all such information is presented “as is,” without warranty of any kind – whether express or implied. The Content is provided without obligation on the part of Oasis and its associated companies and on the understanding that any person who acts upon it or changes his or her investment position in reliance on it does so entirely at his or her own risk. The Content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice.

Nothing in these Terms of Use is intended to exclude or restrict any duty or liability that Oasis may have to its customers under the applicable law.

NO ADVICE

This confidential information is for informational and educational purposes only.  Nothing contained in the Website is investment advice nor should it be construed as such. You should do your own research and due diligence before making any investment decision with respect any securities referenced herein. The information on the Website is provided solely on the basis that you make your own investment decisions and does not constitute a personal recommendation or investment advice or create a business or professional services relationship. Unless separately and expressly agreed, Oasis neither provides investment advice to, nor receives and transmits orders from, nor carries on any other MiFID investment services and activities for, users of the Website. Any examples of strategies or trade ideas are intended for illustrative purposes only and are not indicative of the historical or future strategy or performance or the chances of success of any particular strategy.

NO OFFER OF SECURITIES

This confidential information is for informational and educational purposes only.  Nothing contained in the Website is an offer to sell nor a solicitation of an offer to purchase any security. Such offer or solicitation may only be made pursuant to the current offering memorandum of a fund that will be provided only to qualified offers. Any investment decision with respect to a fund should be based upon the information contained in the offering memorandum of such fund. Access to information for Oasis funds is limited to investors who are qualified as an Accredited Investor and Qualified Eligible Person under the U.S. federal securities laws and as a “professional investor” within the meaning provided in the Hong Kong Securities and Futures Ordinance, and who are otherwise deemed to be sophisticated in financial matters and deemed capable of evaluating the investment strategy and risks of the relevant Oasis fund(s).

The following persons include “professional investors” for the purposes of the HK SFO:

  • any individual, either alone or with any of his associates on a joint account, that has a portfolio of not less than HK$8,000,000 or its equivalent in any foreign currency (as at the date the person invests in the Fund or as certified by an auditor or a professional accountant or ascertained from custodian statements sent to the person within the 12 months prior to the date the person invests in the Fund); or
  • any corporation or partnership having either: (i) a portfolio of not less than HK$8,000,000 (or its equivalent in any foreign currency); or (ii) total assets of not less than HK$40,000,000 (or its equivalent in any foreign currency) as at the date the corporation or partnership invests in the Fund or by reference to the corporation’s/partnership’s most recent audited financial statements that are no more than 16 months old or ascertained from custodian statements sent within 12 months prior to the date the corporation invests in the fund.

These materials have not been reviewed by any regulatory authority, including in the US or in Hong Kong.  No advertisement, invitation or document relating to any shares issued by any private fund managed or advised by Oasis may be in the possession of any person for the purpose of issue (in each case whether in Hong Kong or elsewhere), which is directed at, or the contents of which are likely to be accessed or read by, the public in Hong Kong (except if permitted to do so under the laws of Hong Kong) other than with respect to shares which are or are intended to be disposed of only to persons outside Hong Kong, or only to “professional investors” within the meaning of the HK SFO and any rules made pursuant to the HK SFO. If you do not meet the requirements of a professional investor or otherwise do not intend to comply with these rules, you must not access the information on the Website.

RISK FACTORS

INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE IS NOT SUITABLE FOR ALL INVESTORS.

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.

FUND OFFERING DOCUMENTS CONTAIN RISK WARNINGS THAT ARE SPECIFIC TO EACH FUND THAT MAY BE DESCRIBED ON THE WEBSITE.

INVESTORS SHOULD ONLY INVEST IN A FUND ONCE THEY HAVE THOROUGHLY REVIEWED THE PROSPECTUS AND OTHER OFFERING DOCUMENTS FOR THE FUND AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.

Exchange rates may cause the value of overseas investments and the income arising from them to rise or fall. The levels and bases of and reliefs from taxation may change. Tax reliefs referred to, if any, are those currently available and their value depends on the circumstances of the individual investor. Investors should consult their own tax adviser in order to understand any applicable tax consequences.

LIMITATIONS OF USE

You warrant that you will not use the Website to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of Oasis, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the proper operation of the Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that Oasis reasonably determines to be abusive, or use any scraper, robot, spider, or other automated mechanism to access the Website or download the Content.

Oasis reserves the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. Oasis reserves the right to terminate your access to and use of the Website if, in Oasis’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

LINKS TO OTHER SITES

The Website may contain links to other websites not supported by Oasis. Such links are provided as a convenience to you. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation or monitoring by Oasis with respect to such linked website or its owners. These sites contain information that has been created, published, maintained or otherwise posted by institutions or organizations independent of Oasis.  Oasis does not endorse, approve, certify or control these websites and does not assume responsibility for the accuracy, completeness or timeliness of the information located there. Visitors to these websites should not use or rely on the information contained therein until consulting with an independent finance professional. Oasis does not necessarily endorse or recommend any commercial product or service described at these websites. Oasis has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user’s own risk. You should review the applicable terms of use and privacy policies in connection with your use of such third party sites.

DISCLAIMER OR WARRANTIES

THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. OASIS DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OASIS ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. OASIS 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 OASIS NOR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS 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 THE WEBSITE. IN NO EVENT WILL OASIS OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.

PRIVACY

Oasis is committed to maintaining your privacy. The privacy provisions of these Terms of Use apply only to information collected by the Website.

PERSONAL DATA

In connection with making available investment products and services to current and potential customers, Oasis may obtain nonpublic personal information (“Personal Data”) about you. Personal Data may include your name, address, e-mail address, social security number, account number, assets, income, financial situation, transaction history and other personal information. Oasis may request Personal Data from you (including for example, your name, business email address as well as other information) when you register to use the website.

In addition to Personal Data collected during registration, Oasis may collect Personal Data about you from the following sources:

“Information Oasis receives from you on applications, forms, questionnaires, agreements or in the course of establishing or maintaining a relationship with you” and “Information about your transactions with Oasis, its affiliates, or others”.

You do not have to provide Oasis with any Personal Data to visit the Website, however, if you choose to withhold the requested information, you may not be able to visit all sections or use all features of the Website.

The new Part VI A provisions under the Hong Kong Personal Data (Privacy) (Amendment) Ordinance 2012 came into effect on April 1, 2013. Oasis’s Hong Kong affiliate may also collect and use your personal data (including your name and contact details) to communicate with you regarding updates and activities that Oasis initiates or is involved in. If you no longer wish to receive any communications, or materials and updates from us, please contact Oasis at OasisCompliance@oasiscm.com or inform us by post any time, and you will not receive any further communications.

Oasis does not disclose personal data about investors, prospective investors or former investors to any 3rd party, other than to our affiliates, and except as permitted by law, such as to our attorneys, auditors, brokers and regulators and certain service providers, in such case, only as necessary to facilitate the acceptance and management of an investor’s account. Thus, it may be necessary, under anti-money laundering and similar laws, to disclose information about investors in order to accept subscriptions from them. We will also release information about you if you direct us to do so, if compelled to do so by law, or in connection with any government or self-regulatory organization request or investigation.

NON-PERSONAL DATA

In addition to Personal Data, Oasis may collect and/or track information that by itself cannot be used to identify or contact you, e.g., demographic information (like age, profession or gender), domain names, computer type, browser types, and other anonymous statistical data involving the use of the Website (“Non-personal Data”). Oasis uses Non-personal Data to help it understand who uses the Website and to improve and market its products and services.

WEB TOOLS

To enhance the internet experience on the Website, Oasis may use various Internet technologies such as ‘cookies,’ ‘action tags,’ ‘web bugs,’ ‘.gif tags,’ and ‘JavaScript’ (together, “Web Tools”). Web Tools are files or tools that are placed on your computer in order to identify your Web browser and the activities of your computer on the Website. Oasis may use these technologies to customize and enhance the Internet experience of individual users. When you revisit the Website, Oasis may recognize you by a Web Tool and customize your experience accordingly. For example once you have completed the registration process, a cookie may be used to avoid having you register again. You may decline Internet cookies, if any, by using the appropriate feature of your Web browser software, if available. If cookies are disabled, however, all features of a Website may not operate as intended. Web Tools and similar technologies add value to the user experience, and the information resulting from these technologies is not sold or otherwise made available to third parties.

SECURITY

Oasis maintains reasonable physical, electronic and procedural safeguards to guard your Personal Data. Although Oasis takes reasonable precautions to assess the reliability of such technology, it relies on the representations of the venders of those products and services as part of its security evaluation. Please note that while Oasis has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from Oasis via the Website or e-mail cannot be guaranteed.

JURISDICTION

These Terms of Use shall be governed by the laws of the State of New York, without regard to conflicts of law rules. Any dispute, claim or controversy arising out of or relating to these Terms of Use shall be referred to and finally determined by confidential arbitration in the State of New York, and in the County of New York, before a sole arbitrator, administered by JAMS in accordance with its International Arbitration Rules in effect at the time of the filing of a Request for Arbitration. The arbitrator shall be appointed by JAMS in accordance with its procedures for the selection of a sole arbitrator, with the final appointment being made in the absolute discretion of JAMS. The language to be used in the arbitral proceedings shall be English, and documentary evidence in other languages must be accompanied by a translation into English when submitted in the arbitral proceedings. Judgment on the award may be entered in any court having jurisdiction thereof. All evidence disclosed, and submissions made, as part of the arbitration shall remain at all times confidential, subject to any duties that a party has to make disclosure to others as required by law, which disclosure shall be limited to that which is absolutely required. This section shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Arbitrator is directed to award the prevailing party its reasonable attorney fees and costs incurred as part of the arbitration.

EUROPEAN ECONOMIC AREA USERS

When you provide Oasis with your Personal Data, you acknowledge that this information may be stored and processed on servers located outside the European Economic Area (“EEA”) and you consent to your Personal Data being exported outside the EEA and being stored and processed at Oasis’ discretion on any of its servers wherever located.

CONTACT INFORMATION FOR OASIS

Questions or concerns regarding Oasis’s Terms of Use, including its data protection practices should be addressed to: Info@oasiscm.com

BY ACCESSING THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF OASIS PROCESSING YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR. YOUR CONTINUED USE OF THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

Thank you.