Global Real Estate Investment - Orbvest Specialized Investment
 
 
 

Terms and Conditions

 

LEGAL NOTICE

This website, www.orbvest.com, which we refer to as the “Site,” is used by OrbVest Ltd.

By accessing the Site, you agree to be bound by the Terms of Use and Privacy Policy, as they may be amended from time to time. Investors must acknowledge and accept the high risks associated with investing in private securities offerings, including holding your investment for periods of many years with limited or no ability to resell, limited access to periodic reporting, and losing your entire investment.

OrbVest conducted limited due diligence on each offering and does not in any way give investment advice or provide analysis or recommendations regarding any offering posted on the Site. Past performance is not indicative of future performance.

All investors should make their own decision whether or not to make any investment in an offering, based on their own independent evaluation and analysis. It is strongly recommended that you also consult with your financial, tax and investment advisers before investing. Prior to making any investment, you will be required to demonstrate your understanding of the speculative nature of investing in private securities.

The securities available through this site are not offered in jurisdictions where public solicitation of offerings is not permitted. It is solely your responsibility to comply with the laws and regulations of your country of residence. Orbvest provides offerings under Rule 506(c) to “accredited investors” ONLY.

Copyright Notice

The contents of this website and any accompanying documentation relating to OrbVest Ltd (“OrbVest” or the “Company”) are owned by OrbVest Ltd and protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.

Confidentiality Warning

The contents of this website and any accompanying documentation are reserved for investors and may be subject to legal privilege and client confidentiality. Any use of this content, in whatever form, by anyone other than OrbVest investors, is strictly prohibited.

Electronic Communications

By communicating with us electronically, you consent to receive communications electronically. You agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfy all legal requirements, including but not limited to the requirement that communications should be in writing. Unless otherwise agreed, we are only deemed to have received an email once we have confirmed receipt of it. We are only deemed to have sent an email once it is reflected as ‘sent’ on our email server. By signing up to become a member of the OrbVest platform and by accepting these terms, you consent and agree that we may marketing financial products and services to you.

Disclaimer

OrbVest shall not be liable for any alterations to any document, correspondence or information displayed on the website that have been made by third parties. OrbVest cannot be held liable for any harm or loss resulting from viruses in a message or attachments it has sent, including data corruption. OrbVest disclaims liability or legal responsibility for the non-delivery or incorrect delivery, for whatever reason, of the contents of a message, its effect on electronic devices or its transmission in an unencrypted medium.Past performance is no guarantee of future results.

Content of emails from OrbVest employees

OrbVest cannot distinguish between business and personal emails. Any views or opinions expressed in emailed messages from OrbVest are those of the individual sender and do not create obligations for or represent any commitment by OrbVest, unless the sender specifically states that these are the views or opinions of OrbVest. If a message contains offensive, derogatory or defamatory statements or materials, it means the message is outside the sender’s scope of employment with OrbVest and only the sender can be held liable in his/her personal capacity.

Interception and Monitoring

Users of OrbVest’s email system do so at their own risk and accept responsibility for any actions and consequences that arise from use. In general terms, Orbvest does not engage in blanket monitoring of communications. OrbVest does, however, reserve the right at any time and without notice to intercept and monitor communications and stored files sent or received through, or stored upon, OrbVest’s information and communications systems. This right is subject to the condition that the monitoring and interception is performed by an OrbVest representative properly authorised by OrbVest; for a lawful purpose; and strictly in accordance with OrbVest’s Monitoring Policy and Procedures.

Offer

No information on this website constitutes a solicitation, recommendation, endorsement or offer by OrbVest. It should be regarded as an invitation to do business.

Governing Law

This website and any accompanying documentation must be interpreted and implemented in accordance with the laws of the Seychelles.

Company Details

OrbVest Holdings Limited:               Registration Number: 173191
OrbVest SA Proprietary Limited:     Registration number: 2018/082546/07
OrbVest US, Inc:                               Control Number: 16092745

Contact Information

If you have any questions or queries on the above, please contact us at:

Tel: (+27) 21 948 2130

Email: support@orbvest.com

NEXT...[Terms]

 

TERMS

By accessing the Site, you agree that you have read, understood and agree to be bound by the Terms and Conditions which are posted on the Site at the time of such access and as amended from time to time.

By signing up to become a member of the OrbVest platform and by selecting ‘accept/agree’ online, you consent to the matters outlined in this Privacy Policy and that you are agreeing to the following:

  1. assessing your application;
  2. marketing of financial products and services to you;
  3. using your information to determine future product and business strategies and to develop products and services; and to communicate with you in relation to our products and services, including on any transaction made and/or your account;
  4. providing products and financial services to you;
  5. when we communicate with you for the above purposes, you consent to receiving communications from us in any form, including email. Your personal information may be disclosed to entities associated with us, counterparties or third-party product or service providers for the above purposes. It may also be disclosed to any financial institution nominated by you and may be disclosed to your financial adviser if you send a written request to do so.

KYC/AML

PKF Capital is a reporting entity as well as JumpStart Securities and as such clients must comply with the requirements of KYC/AML as part of the investment process and by accepting these terms and conditions, undertakes to co-operate fully in order to provide the requisite information or documentation. OrbVest US provides offerings under Rule 506(c) to “accredited investors” ONLY.

Investing before completion of KYC/AML process

By accepting these Terms, you agree and hereby undertakes to provide the required KYC documentation as and when required to do so. In order to facilitate the investment process, the Client will be allowed to proceed with the investment, subject to conclusion of the KYC process. In the event that the particular investment is listed, but that the Client has not completed the KYC process, PKF have the right to cancel the investment and return the funds to the client. In such an event, the Client hereby specifically agrees that the Client will bear the full cost of the sale of the shares being re-sold at a transaction cost of 5%. Upon conclusion of the sale of the shares and in order to facilitate the repayment to the Client, the Client’s funds will be wired to the bank account the original funds were wired from.

PKF Capital Markets (Seychelles) Limited (“PKF Capital”) - Legal Undertakings

PKF Capital Markets (Seychelles) Limited is a licensed member of the Seychelles Stock Exchange (MERJ) and a registered Sponsor Adviser to listed companies and those wishing to list on the exchange. The Client hereby agree that:

  1. I confirm that I will use the bank account, the details of which I provided, to make all deposits into my trading account with PKF Capital.
  2. I hereby confirm that the details and proof I have given are correct, and that I will provide any additional documents required, for PKF Capital to comply with Know Your Client (KYC) regulations and FICA.
  3. I confirm that I have read, understood and accept all aspects of the Risk Disclosure Statement.
  4. I confirm that I have read, understood and accept all aspects of the Terms and Conditions for listed trading with PKF Capital.

Legal disclaimers: South Africa

•     The Collective Investment Schemes Control Act, 2002

ORB and OrbVest SA is not registered as a management company under the Collective Investment Schemes Control Act 2002 and as such does not operate a unit trust or a collective investment scheme.

•     The Financial Advisory and Intermediary Services Act, 2002

OrbVest SA (Pty) Ltd is a registered and authorised Financial Service Provider by the Financial Services Conduct Authority of South Africa under license number 50483. All information contained in this website/portal should not be construed, or relied upon, as advice. If you require financial and/or investment advice, please engage the services of an independent financial adviser.

•     Financial Intelligence Centre Act

OrbVest SA (Pty) Ltd is considered to be an “accountable institution” for purposes of the FIC Act, together with PKF Capital. Clients must comply with the requirements of the FIC Act as part of the Know Your Customer (“KYC”) process of PKF Capital and as part of the investment process to exchange information.

•     Promotion of Access to Information Act

The Promotion of Access to Information Act, no. 2 of 2000 (the 'Act') gives persons the right of access to information that is required for the exercise or protection of any rights. For access to information to be granted, certain requirements must be met. The Act also requires private bodies such as OrbVest to compile a manual to assist people who want to exercise their right to access to information. This manual, as well as the prescribed request form and fees payable if you wish to exercise your right of access to information, are available below.

•     Protection of Personal Information Act (POPI Act)

This privacy notice applies to you as a client or as a guest, namely a person who accesses or registers on our platform, regardless of the device which you use to access it (e.g. a computer, mobile phone, tablet etc).This privacy notice does not apply to other parties' sites, products or services, such as sites linked to, from or advertised on our site, or sites which link to or advertise our site. Please refer to our “Privacy” tab for more detailed information regarding the protection of your information and our Privacy principles.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

Where we have a duty or a right to disclose in terms of law or industry codes;

Where we believe it is necessary to protect our rights.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Cookie Policy

We only use functional (or required) cookies that are necessary for this site to function, including those that are necessary for Google Analytics to work. We do analyse the use of this website to measure the audience, but it is de-identified data. In other words, we don't know who you are.

Privacy Statement

OrbVest SA (Pty) Ltd collects a variety of information that you provide directly to us. We process your information when necessary to provide you with the Services that you have requested when accepting out Terms of Service, or when you obtained prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement purposes of our service, or for analytics, research, reporting purposes. Without your information, we cannot provide you with the Services you have requested, or you may limit in your use of the Services.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Risk Warning

No offers to sell securities or solicitation for any investment are made on any of the pages of this platform. An investment can only be made by members of the platform, based on independent financial advice, using the information provided in the investment section listed. OrbVest takes no responsibility for the information, recommendations or opinions made.

Investing in real estate backed investments is a higher risk / higher return investment strategy and carries significant risks, including illiquidity, loss of capital, rarity of dividends and dilution. It should only form part a balanced investment portfolio and should be targeted at investors who are sufficiently sophisticated to understand the risks involved and are capable of making their own investment decisions.

For more information, please view our Risk Policy

NEXT...[Risk Policy & Disclosure]

 

RISK POLICY AND DISCLOSURE

Investing in real estate backed investments can be very rewarding, however it also involves a number of risks.

The purpose of this risk warning is to ensure that you, as a potential investor, understand the risks involved. If you choose to invest through the platform, you should understand and accept five important considerations:

1. Loss of Capital

Your investment is not guaranteed and by investing via this platform in the real estate investment opportunities, you accept that you may lose all of your investment if they fail. You should not invest more money through the platform than you can afford to lose without having to alter your standard of living.

2. Liquidity

The investment opportunities on the platform are publicly-listed companies or special purpose entities to acquire the real estate investments. They have limited liquidity and currently there is only a very small secondary market for any investments made through the platform. This presents a risk to investors, who are referred to the Property Supplement, or PPM, and other risk disclosures in this regard.

3. Dividends

Companies have no obligation to pay dividends to shareholders. Generally, investee companies will reinvest profits to grow and build shareholder value. This means that if you invest in an unlisted company through the platform, even if it is successful, you are unlikely to see any return of capital or profit until you are able to sell your shares in the investee company. Even for a successful company, this is unlikely to occur for a number of years from the time you make your investment.

4. Dilution

Any investment you make through the platform may be subject to dilution. This means that if the company raises additional equity funding in the future, it will issue new shares to new investors and the percentage of the business you own will decline. Any new shares may also allow for certain preferential rights to dividends, sale proceeds and other matters. If those rights are exercised by new investors, this may work to your disadvantage. If the investee company grants options (or similar rights to acquire shares) to connected employees, service providers or certain other parties/individuals, then your investment may also be diluted as a result.

5. Diversification

Investing in real estate should be part of a diversified investment portfolio. Not every type of investment will be appropriate for every investor. To spread and minimize your risk, you should invest smaller amounts in multiple businesses and/or real estate. You are urged to obtain independent financial, legal and tax advice in this regard.

Risk Disclosure Statement

The information in this Risk Disclosure Statement is general information only and does not take into account your personal objectives, financial situation and needs. You should consider these things and seek independent professional advice before making a decision about our financial products.

You must be satisfied that any trading you undertake in relation to the products described in this Risk Disclosure Statement is appropriate in view of your objectives, financial situation and needs. By accepting these terms and conditions, you hereby agree to be aware of the following:

  1. All stock market-based investment is exposed to a degree of risk.
  2. Market fluctuations may have an effect on the value, price or income of investments.
  3. Investment capital is not guaranteed, and past performance is not a guide to future investment performance.
  4. You are responsible for the selection of any transaction that you place on the trading platform. As such, the performance of any trade will depend mainly on investment decisions made by you. PKF Capital does not make any representations regarding the performance of any investment.
  5. Under certain market conditions it may be difficult or impossible to close out a position. This may occur, for example, where trading is suspended or restricted at times of rapid price movement.
  6. Where permitted, placing a stop-loss order will not necessarily limit your losses to the intended amounts, as market conditions may make it impossible to execute such orders at the stipulated price.
  7. Prior to the commencement of trading, you should require from your broker written confirmation of all current commission, fees and other transaction charges for which you will be liable.
  8. Your broker’s insolvency or that of any other brokers involved in your contracts may lead to your positions being closed out without your consent.
  9. Your ability to trade depends on the continued operation of, among other things, the PKF Capital Trading Platform, the internet, and your personal computer. A fault, delay or failure of any of these things could prevent you from placing Orders and may result in losses on your Open positions.
  10. You should read all available information on the PKF Capital Trading Platform including, but not limited to, the client Terms and Conditions in order to properly consider your risks.
  11. You should carefully consider whether your financial position permits you to participate in a syndicate. Areas of particular concern are charges for management, advisory and brokerage fees; the performance record of the syndicate and for how long it has been operating; and the credibility of management.
  12. Your broker should explain to you the meaning of the various terms set out herein so that you are fully aware of their significance.
  13. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.
  14. Before trading listed instruments on any exchange, you should be aware of tax consequences and on this you should consult your lawyer, accountant or other tax advisor.

NEXT...[Privacy Policy]

 

PRIVACY POLICY

(updated in response to guidance and best practice advice issued by the Information Commissioner’s Office relating to the change in data protection law in the UK on 25 May 2018)

 

By signing up to become a member of OrbVest on the website and by selecting ‘accept/agree’ online, you consent to all clauses in the Privacy Policy, as set out more fully below.

Overview

This Privacy Policy is designed to help you understand what personal information we collect, why we collect it, how we use it and with whom we share it. It also explains the rights you have in connection with your personal information, including how to contact us or make a complaint. This policy applies to OrbVest Ltd, also referred to throughout as “we”, “us”, “our” or “OrbVest”.

Personal information

This refers to information about a living person which identifies that person. Some of that information will identify a person directly, for example by giving a name and email address. It may be possible to identify someone indirectly, from information in which their name is not given, for example by giving their job title and employer, or by using another form of identifier such as their IP address.

What personal information do we collect and use

The type of personal information we collect, and process depends on our relationship with you and the context in which we obtain and use it. The list below sets out the personal information we will or may collect, depending on the circumstances.

  1. Your full name, title, postal address and telephone number;
  2. Information to enable us to check and verify your identity, e.g. your date of birth, National Insurance number, identity number or passport details;
  3. Electronic contact details, e.g. your email address and mobile phone number;
  4. Information necessary in relation to the provision of our services;
  5. Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you use our secure online client portals or leave a voicemail message.

How personal information is collected and your responsibilities

We may collect personal information from you in person, via telephone or email communication from your initial enquiry about our services and as we provide you with services. This may also include via our website and secure portal. Third parties may pass personal information to us to use in the course of providing our services, in which case they will either have your consent to do so or will be able to rely on one of the lawful exceptions namely “legal basis”. The processing of this personal information may be necessary for the provision of our services and to enable us to act in your best interests.

We may receive information about you from third parties in any of the following ways:

  1. a third party with your consent, e.g. your solicitors, accountants, and other professionals we may engage with in relation to our services;
  2. our information technology systems, e.g., our website or other relevant websites and applications;
  3. automated monitoring of our website and other technical systems, such as our computer networks, email, voicemail and instant messaging systems.

Personal data of children

We may come across personal data which involves children. In these instances, the individual or entity providing such personal data must confirm that they have obtained the necessary consents from the parent(s) or guardian(s) of those children. The third party will explain to the parent or guardian why we need any personal information relating to the children and how it will be used, both when we first collect the data and on an ongoing basis.

Visitors to our website

We use Google Analytics to collect statistical information about the number of visitors to our website. This information includes, pages visited, and content searched. Further information can be obtained from the Google Privacy Policy. We use this information to maintain and improve our website and the services we provide and to analyse and understand what is of interest to our website visitors, so we can improve and tailor the content and this data will not directly or indirectly reveal your identity.

We use technology to track the patterns of behaviour of visitors to our website. This can include using a “cookie” which would be stored on your browser or the hard drive of your computing device.

How and why we use your personal information

Under data protection law, we can only use your personal information if we have a proper reason for doing so, for example:

  1. to comply with our legal and regulatory obligations;
  2. for our legitimate interests (see below) or those of a third party;
  3. for the performance of our contract with you or to take steps at your request before entering into a contract;
  4. you have given consent.

In general terms we will collect personal information to:

  1. provide you with our services;
  2. manage our relationship with you and to comply with our legal or regulatory obligations arising from it.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

Sharing of personal information

We may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We share your personal information with:

  1. professional advisers who we instruct on your behalf or refer you to e.g. lawyers, accountants, etc.;
  2. other third parties where necessary to carry out your instructions e.g. relevant regulatory and authorities;
  3. our bank/s, insurers, brokers or other professional advisers;
  4. external service suppliers, representatives and agents that we use to make our business more efficient.

Our IT support and service providers may also access your personal information as a consequence of them providing support to us.

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect it. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. We may also need to share some personal information with other parties. For example, if we, in the course of our own business operations, sell or buy any business or assets we may disclose personal information held by us to the prospective seller or buyer of those businesses or assets.

Where possible, anonymity will be retained, but the recipient of the information will also be bound by confidentiality obligations. If we are acquired, or substantially all of our assets are acquired, by a third party (or are subject to a re-organisation), personal information held by us will be one of the assets which is transferred.

Where your personal information is held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see Who we share your personal information with).

How long will your personal information be kept

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements.

When it is no longer necessary to retain your personal information, we will delete or anonymise it. If we anonymise it (so that it can no longer be associated with you) for research or statistical purposes, we may use it indefinitely, without further notice to you.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity, the potential risk of harm from unauthorised use or disclosure of it, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data: see “Your rights with respect to your personal information”.

We only keep your personal information for as long as is necessary to:

  1. carry out our services;
  2. respond to any questions, complaints or claims made by you or on your behalf;
  3. show that we treated you fairly;
  4. keep records required by law to comply with our legal obligations and our duties to regulators, including in relation to anti-money laundering legislation.

How we protect your personal information

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so or where we have otherwise agreed with you that we will.

We also maintain our own internal audit program to verify that our staff are familiar with and adhere to our policies and procedures.

If we have given you a username and password which allows you to access certain parts of our services via our systems, you are responsible for keeping it confidential.

Your rights with respect to your personal information

You are entitled at any time to ask us for a copy of personal information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can make any of these requests free of charge by contacting us in writing.

In certain circumstances you can also ask us to restrict our processing of your personal information, e.g. if you contest the accuracy of it. We will always review your request and will inform you if we decide we are not required to action it. If you require us to restrict or stop processing your personal information in any way, this may impact on our ability to provide our legal or professional services to you. Depending on the nature of your requests we may have to stop acting for you, but you will still have to pay any unpaid fees and disbursements which we have incurred on your behalf until that date.

You are entitled to ask that we send a copy of the personal information we hold about you to another organisation for your own purposes, for example if you intend to instruct another service provider instead of us. If you want us to move, copy or transfer your personal information in these circumstances, please contact us.

Complaints/queries

If you have any complaints or queries about our Privacy Policy, please contact us on support@orbvest.com

END

 

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