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Terms of Use

1. Terms of Use

1.1 Thank you for visiting the WakeCap website (the “Website”). The content, materials and information available from this Website (the “Materials”) are governed by these Terms of Use. By using this Website you acknowledge that you have read and agree to these Terms of Use and agree to be bound by these Terms of Use, as may be modified from time to time.

1.2 The Website may only be used for lawful purposes. WakeCap may alter, suspend or discontinue the Website without cost or notice at any time and for any reason.

2. Restrictions on Use

2.1 WakeCap reserves all right, title and interest in respect of the design and content of the Website. Nothing on the Website grants any form of authorisation or licence with respect to the design and content of the Website. No part of the Website may be reproduced or transmitted in any form by any means without the express prior written consent of WakeCap.

3. Proprietary Right

3.1 All and any trade names, service marks, trademarks, logos, graphics and other Materials on the Website are the property of WakeCap or that of our affiliates, portfolio companies or respective third party owners and are protected by patent, trademark and/or copyright. WakeCap grants no licence thereto.

4. Links to Third Party Websites

4.1 This Website may contain links to third party websites. You are advised that access to or use of such linked third party websites is solely at your own risk. In such cases, WakeCap is not responsible for the content, availability, material or otherwise as may be available from such linked third party websites. WakeCap does not review, control or examine any such linked third party websites. WakeCap shall not be liable, directly or indirectly, in any circumstances for any loss or damage arising from or in any way connected to the use of such linked third party websites.

5. No Warranties

5.1 The Website, including all Materials, content and services, are provide on an “As Is” basis without any form of warranty whatsoever from WakeCap of any kind, either express or implied, including, without limitation, any warranty as to

(i) the correctness, availability, accuracy, completeness, use, or content of Materials or information on the Website,

(ii) the functions of the Website being uninterrupted and error free,

(iii) defects being corrected or

(iv) the Website being virus free.

6. Limitation of Liability

6.1 To the greatest extent permissible under applicable law, in no circumstances whatsoever shall WakeCap, its affiliates, directors, officers, employees, agents, contents or service providers be liable for any indirect, incidental, multiple, special, consequential, exemplary or punitive damages arising or resulting from or directly or indirectly related to the use of, or the inability to use, the Website or the Materials, even if WakeCap has been advised of the possibility of such damages. In no circumstances shall the total liability of WakeCap to you for all damages, losses and causes of action, resulting directly or indirectly from your use of the Website, whether in contract, tort, including but in no way limited to negligence, or otherwise exceed the aggregate sum of USD$100.00. If any provision of these Terms of Use are deemed by any court, tribunal, or otherwise, of competent jurisdiction to be unlawful, void or unenforceable, that provision will be deemed severable and will not impact or affect the validity and enforceability of the remaining provisions.

7. Indemnification

7.1 You agree to indemnify and hold harmless WakeCap, its affiliates, contractors and licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or its Materials, including but not limited to any violation by you of this Agreement.

8. Modification of Terms of Use

8.1 WakeCap reserves the right at its sole discretion and without notice to modify these Terms of Use at any time. It is recommended that you review these Terms of Use periodically for changes. Your continued use of this Website after any modification of these Terms of Use constitutes your binding acceptance of such modifications.

9. Miscellaneous

9.1 These Terms of Use shall be governed and interpreted pursuant to the laws of the State of Delaware, USA, notwithstanding any principles of conflicts of law.

9.2 The headings in these Terms of Use are inserted for convenience only and do not affect the construction of these Terms of Use.

9.3 Any claim or cause of action in respect to WakeCap or the Website must be commenced by you within one (1) year after the claim or cause of action so arose.

9.4 The failure of WakeCap to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by WakeCap of such right or provision.

9.5 These Terms of Use constitute the entire agreement between you and WakeCap and govern your use of the Website. These Terms of Use supersede any prior agreement or arrangement between you and WakeCap in respect of your use of the Website.