Terms and conditions
1. Terms and conditions
You should carefully read these terms and conditions (hereinafter the "Terms") before you continue to gain further access to our website or any other information produced by Defoes. By using the Defoes website, you explicitly affirm that you have read, comprehended, and accepted the terms outlined below. You should immediately leave the site if you disagree with these terms.
2. Operator
The site is operated by Defoes, at Rockefeller Center—1270 Avenue of the Americas. Defoes Holdings is registered with the commercial register of the state of Delaware. Defoes is not regulated by the United States Securities and Exchange Commission (SEC) or any other regulatory body.
3. Local restrictions
Information provided and services described (hereinafter the "Content") on this Site are not aimed at any person in any jurisdiction where (by reason of that person's nationality, place of residence or domicile, or for any other reason) the provision, access, or use of this Site is prohibited or restricted by law. Any person in respect of whom such prohibition and restriction applies must refrain from accessing or using the site. Depending on the jurisdiction, the content described on the site may be unavailable, prohibited, or restricted to certain persons (due to nationality, residence, or other reasons). You should first consult your adviser for information regarding any restriction applicable to you regarding the sale or access to such content.
4. Trademarks and copyright
Defoes logos and trademarks are protected by law, and the content of the site is protected by copyright. All rights are reserved for third-party copyrights. You shall not use the Content or Defoes logo and trademarks in any form whatsoever unless specific mention is made of the trademarks and copyright protection in addition to the compliance with the Terms. In no event is linking through any hypertext and inline links, e.g., framing, or consulting the site through inline links or framing, authorised without the prior written consent of Defoes.
Use of the Site for advertising or commercial purposes, in any form whatsoever, is prohibited without the prior written consent of Defoes.
5. No offer, solicitation, or recommendation
The content provided is for information purposes only and shall not, in any circumstance, constitute an offer, proposal, advertisement, solicitation, or personal recommendation to buy or sell any investment, financial product, or instrument whatsoever. To access our information and to conduct business with Defoes, you must confirm that you are a high-net-worth individual, an accredited investor, or a sophisticated investor. The risks involved in certain investments and/or financial products are not suitable for all investors, and you should first seek advice from your adviser to obtain a specific evaluation of your own risk profile. In addition, you should seek independent information regarding the risks inherent in any financial decision. Past performance is not a guarantee of present or future performance. The value of an investment may increase or decrease, and you may not recover all or even part of your original investment. Fluctuations in exchange rates can also influence, negatively or positively, the value of an investment.
6. No legal, accounting, or tax advice
Defoes is not a law firm, nor an accounting firm, nor a tax advisor. The content of this site should not be construed or interpreted as legal, accounting, or tax advice. Any information presented is of our company's understanding at the time and is not to be considered as accurate or reliable. For any information relating to legal and tax matters, we strongly advise you to seek independent, professional advice.
7. Reliability of information
While Defoes makes every reasonable effort to use reliable and comprehensive information, it makes no representation or warranty of any kind that the content of this site is accurate, complete, or up-to-date. Any decision based on such content is taken at your sole risk. Defoes shall not bear any responsibility or liability whatsoever for any loss or damage of any sort that may result directly or indirectly from your use of the content. Defoes reserves the right to change the contents of the site at any time without prior notice. You agree to indemnify the directors, officers, employees, or any third-party affiliates of Defoes for any loss or damages that may occur as a result of any transaction that you carry out.
8. Investment performance
Past performance is neither a guarantee nor an indication of future performance of an investment. Investments may increase or decrease in value, and an investor may not be able to recover the initial investment made. Exchange rates may also cause the value of an investment to rise or fall.
9. No warranty and limitation of liability
Neither Defoes nor its officers, directors, employees, affiliates, and shareholders, nor any third-party information providers, their officers, directors, employees, affiliates, and shareholders, shall be liable for any loss or damage of any nature whatsoever that any user may incur directly or indirectly as a result of the user's access to this site or of the use of the content available through the site or of the user's inability to access or use the site or its content. In particular, in no event shall Defoes, its officers, directors, employees, affiliates and shareholders be liable for any loss or damage incurred as a result of a technical or other error, failure to transfer information, failure to perform, system overload, problematic use, interruption of service (including but not limited to maintenance service), delay in the transmission of information, incompatibility between this Site and users' files and/or software (including users' browser) and/or computer, any dysfunction or interference, any transmission of a virus or worm to user's computer, illegal access (e.g., hackers), intentional blocking of telecommunication tools and networks (e.g., as a result of massive e-mail or denial of access attacks) or for any other error or omission of network or telecommunication providers or operators.
10. Indemnification
The clients and website users (the Indemnitor) agree to indemnify, defend, and hold harmless Defoes, Defoes Holdings (the Indemnitee), its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses.
11. Severability
Should any provision of the Terms thereof be held to be illegal, invalid, or unenforceable under any present or future laws or by decision of any court of any competent jurisdiction, it shall not, in any case, cause the invalidation, cancellation, or unenforceability of any other provision of the Terms. The illegal, invalid, or unenforceable provision or part of it shall be modified to the minimum extent necessary to make such provision legal, valid, or enforceable, as the case may be.
12. Governing law and jurisdiction
All legal relations between the user and Defoes shall be governed by and construed in accordance with the laws of Delaware in the United States. The place of performance, the exclusive place of jurisdiction for any type of proceedings, and the place of proceedings for debt or bankruptcy against any user of the site, whether or not domiciled or resident in the United States, shall be Delaware, subject to compulsory jurisdiction provided by applicable Delaware legislation and international conventions ratified by the United States. Defoes shall nonetheless be entitled to take legal action at the user's place of domicile or residence or before any other competent court.
13. Force Majeure
Defoes shall not be liable for any failure or delay in performance of its obligations hereunder arising from events beyond its reasonable control, including but not limited to acts of God, war, riot, civil commotion, terrorism, natural disasters, extreme weather, national strikes or industrial disputes, disease, pandemics, failure of public or private telecommunications networks, blackouts, cyber attacks or the inability to use transposecurity, and obligations shall be suspended for the duration of such an event. The timeline shall be extended accordingly.
14. Amendment of terms and conditions
Defoes reserves the right to change terms at any time without prior notice. Such changes are shown on the site. By viewing and using the site, you expressly agree to all such new terms.
15. Data protection: Cookies
This site is using cookies to provide statistics that help Defoes give you the best experience of its site. You can find out more or switch them off if you prefer. However, by continuing to use the site without changing settings, you are agreeing to our use of cookies.
Use of Google Analytics: This site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help the site to analyse how visitors use it. The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for website operators, and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this site. By using this site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Further data protection provisions: The use of this site is largely possible without the provision of personal information. Where personal information (e.g., name, email address) is collected on this site, this is done for the purpose of an information exchange desired by the user, and the data is processed in line with the regulations of the Swiss Federal Act on Data Protection and other applicable laws.
Defoes stresses that data transmission over the Internet (e.g., when communicating via email) can have security flaws. The complete protection of data against access by third parties is not possible.
16. Disclaimer
Defoes shall not be liable for any damage of any kind resulting from the unavailability of the site or any portion thereof or from the use of the site.
Defoes is not a regulated entity. Defoes is not authorised by, registered with, or subject to the supervision of the U.S. Securities and Exchange Commission (SEC), the UK Financial Conduct Authority (FCA), or any other regulatory or supervisory authority in any jurisdiction. By accessing or using this website, and by engaging with, accessing, or purchasing any products, goods, or services offered by Defoes are non-regulated investments and do not constitute securities, collective investment schemes, or any other form of regulated investment activity.
The value of investments can go down as well as up. You may get back less than you invest, and you could lose some or all of your money. Past performance is not a reliable indicator of future results, and no returns are guaranteed. Investments of this nature may also be illiquid, meaning you may not be able to sell or exit your investment when you wish, or at all.
Because Defoes is not regulated, you will not have access to the protections available to clients of regulated firms. In particular, you will not be entitled to compensation from the U.S. Securities Investor Protection Corporation (SIPC), the UK Financial Services Compensation Scheme (FSCS), or any equivalent investor compensation scheme, and you will not have recourse to the Financial Ombudsman Service or any similar dispute-resolution body.
Nothing on this website constitutes investment, legal, or tax advice, a recommendation, or a solicitation to buy or sell any product. All content is provided for general information only. You should not invest unless you are prepared lose some or all of your money and you are strongly advised to seek independent professional advice—including financial, legal, and tax advice—before making any investment decision.
By using this website and engaging with Defoes, you confirm that you have read, understood, and accepted this Disclaimer and Risk Warning in full.
17. Links
The site may provide automatic links to other websites. You shall use such links to any external websites at your sole risk, and Defoe shall accept no liability for their content or for the products, services, or other offers available through them.
18. Commitment to Sustainable Development
Defoes is steadfastly committed to sustainable business practices, recognising our fundamental responsibility to the well-being of people and the planet. This policy serves as the operational foundation for integrating robust Environmental, Social, and Governance (ESG) principles into every facet of our global operations. Our objective is to ensure long-term value creation for our stakeholders while actively promoting a resilient, equitable, and sustainable future for all.
19. Environmental Stewardship
Defoes is committed to rigorously minimising our ecological footprint through efficient resource management and dedicated conservation efforts. This mandate includes concrete action to reduce energy consumption, optimise water usage, and prioritise the sourcing of sustainably certified materials. We aim to significantly decrease greenhouse gas emissions across our entire value chain and implement robust programmes for waste reduction, reuse, and comprehensive recycling. A key focus is mitigating e-waste and advancing circular economy principles throughout our product and service lifecycles.
20. Social Responsibility and Ethical Labor
Defoes are dedicated to fostering a culture of integrity, diversity, and inclusion. We maintain strict adherence to ethical labour practices, ensuring equitable compensation, providing a safe and healthy working environment, and actively promoting the professional development and well-being of all employees. Beyond our workforce, we are committed to positively engaging with the local and global communities where we operate, supporting human rights, and ensuring ethical conduct throughout our entire supply chain.
21. Governance, Compliance, and Accountability
Defoes' sustainability agenda is underpinned by strong corporate governance, characterised by complete transparency and unwavering ethical conduct. We ensure strict compliance with all applicable environmental, social, and labour laws and regulations. We are committed to continuous improvement, regularly reviewing our performance against established targets, and publicly reporting our progress to maintain accountability to our investors, customers, and the broader public.
22. Our Commitment to Data Privacy
Defoes is deeply committed to protecting the privacy and security of your personal data. We strictly adhere to the rigorous principles and requirements of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). This statement outlines precisely how we responsibly collect, utilise, process, and protect your data when you interact with our website and services. Our commitment extends to maintaining the highest standards of data integrity and confidentiality across our global operations.
23. Lawful Basis for Processing
Defoes processes your personal data only when we have a valid and lawful basis to do so, ensuring transparency at every stage. This legal foundation includes fulfilling contractual obligations (e.g., processing and delivering your orders), where you have provided clear, affirmative consent (e.g., marketing subscriptions), for our carefully considered legitimate business interests (e.g., enhancing service delivery, improving system security, and fraud prevention), or to strictly comply with mandatory legal obligations (e.g., regulatory reporting). We always ensure that processing based on legitimate interests is meticulously balanced against your fundamental rights and freedoms.
24. Your Comprehensive Data Protection Rights
Defoes Under GDPR, you are granted extensive rights concerning the personal data we hold about you. You have the right to request copies of your data (access), demand correction of inaccurate data (rectification), seek deletion under certain conditions (erasure or 'right to be forgotten'), limit our use of your data (restriction of processing), receive your data in a machine-readable format (data portability), and object to specific processing activities (object). We are committed to responding to all formal data requests promptly and transparently and always within one month of receipt.
25. Data Security and Contact
Defoes implements robust technical and organisational measures, including state-of-the-art encryption protocols and strict access controls, to safeguard your data against unauthorised access, loss, or destruction. We retain your data only for the necessary period required to fulfil the collection purposes or comply with legal mandates. For any questions or concerns, or to formally exercise any of your data protection rights, please contact our designated Data Protection Officer (DPO) at info@defoes.com.
26. Accredited Investor or Self-Certified Sophisticated Investor
Please read the following carefully and consider which category applies to you or your entity in order to confirm your status as an Accredited Investor or Self-Certified Sophisticated Investor, as those terms are defined by reference to the criteria of the U.S. Securities and Exchange Commission (SEC). Defoes wishes to state from the outset that it is not a regulated entity. Please visit the Accredited Investor or Self-Certified Sophisticated Investor page on our website to confirm your qualification, and read the Statement Notice in full before doing so.
Defoes is not a regulated entity in any jurisdiction. Defoes does not engage in, and nothing offered by Defoes shall constitute or be construed as, a collective investment scheme, an offering of securities, or any other form of regulated investment activity under the laws of any applicable jurisdiction. Defoes is not authorised by, registered with, or subject to the supervision or oversight of the U.S. Securities and Exchange Commission (SEC), the Financial Conduct Authority (FCA), the Swiss Financial Market Supervisory Authority (FINMA), the European Securities and Markets Authority (ESMA), the China Securities Regulatory Commission (CSRC), or any other regulatory or supervisory authority in any jurisdiction worldwide.
By accessing or using this website, and by engaging with, accessing, or purchasing any products, goods, or services offered by Defoes, you expressly acknowledge and agree that: (i) you act as a principal investor on your own behalf and at your own risk; (ii) you do so with a full understanding of the risks associated with such engagement, including the risk of total loss; (iii) no regulatory protections of any kind apply to your engagement with Defoes; and (iv) you shall have no right or entitlement to seek or obtain compensation, reimbursement, or redress from any regulatory authority, investor compensation scheme, financial ombudsman, or similar body in any jurisdiction.
You are solely responsible for conducting your own independent due diligence and are strongly advised to obtain appropriate independent professional advice—including legal, tax, and financial advice—prior to entering into any transaction or arrangement with Defoes. Nothing contained on this website, and nothing communicated by Defoes, whether orally or in writing, constitutes investment advice, a recommendation, or a solicitation to enter into any transaction.
Any self-certification you provide via the Accredited Investor or Self-Certified Sophisticated Investor page confirms that you meet the eligibility criteria stated therein and that you have read, understood, and accepted this Disclaimer in its entirety. This Disclaimer forms part of, and should be read together with, our Terms and Conditions and Privacy Policy.
The self-certification you provide in this form confirms that you meet the eligibility criteria stated herein and that you have read, understood, and accepted this notice in its entirety.
Sophisticated Investor
This is for investors who are NOT "Accredited Investors" but are participating in a nonregulated offering.
I declare that I qualify as a Sophisticated Investor because I have, or my purchaser representative has, sufficient knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of the prospective investment.
Please read and confirm this qualification:
I certify that I qualify as a Sophisticated Investor based on my (or my representative's) financial and business knowledge and experience.
Acknowledgment of Risk
By confirming my personal information and clicking below, I acknowledge that I understand the following:
Risk of Loss: The investments to which the promotions will relate may expose me to a significant risk of losing all or a substantial portion of the capital or property invested.
Illiquidity: I understand that these securities are unregistered and nonregulated and may be difficult or impossible to sell quickly (i.e., they are highly illiquid). No SEC Review: I acknowledge that the U.S. Securities and Exchange Commission (SEC) has not passed upon the merits of, or given its approval to, these securities or the terms of the offering.
Independent Advice: I am aware that it is open to me to seek advice from a specialist (such as an attorney, accountant, or registered investment adviser) regarding the merits and risks of this investment.
Accredited Investor Individual Investor (Natural Person)
I declare that I qualify as an Accredited Investor because I meet at least one of the following criteria:
Income Test: I have had an individual annual income exceeding $200,000 (or $300,000 with a spouse or spousal equivalent) in each of the two most recent years, and I reasonably expect to reach the same income level in the current year.
Net Worth Test: I have a net worth exceeding $1 million, either alone or jointly with a spouse or spousal equivalent, excluding the value of my primary residence.
Professional Expertise: I hold in good standing a Series 7, Series 65, or Series 82 licence, or another professional certification, designation, or credential designated as qualifying by the SEC.
Executive Status: I am a director, executive officer, or general partner of the issuer of the securities being offered.
Accredited Investor Entity Investor
I declare that my entity qualifies as an Accredited Investor because it meets at least one of the following criteria:
Asset Test: My entity is a corporation, partnership, limited liability company (LLC), or other organization (like a 501(c)(3) charitable organization) with total assets exceeding $5 million, and it was not formed solely for the purpose of investing in the offered securities.
Investment Test: My entity owns "investments" in excess of $5 million and was not formed solely for the purpose of investing in the offered securities.
Regulated Entity: My entity is a bank, insurance company, registered investment company, business development company, or an SEC- or state-registered investment adviser.
Accredited Owners: All of the equity owners of my entity are themselves Accredited Investors.
Qualifying Trust: My entity is a trust with total assets in excess of $5 million, was not formed solely for the purpose of acquiring the securities, and its purchase is directed by a sophisticated person.
Acknowledgment
By inserting my personal information below, I acknowledge and agree to the following:
I have sufficient knowledge and experience in financial and business matters to evaluate the merits and risks of the prospective investment.
I understand that the investments being offered have not been registered under the Securities Act of 1933 and are therefore subject to restrictions on transfer and may be illiquid and are unregulated.
I have the capacity to bear the economic risk of the investment, including the potential for a complete loss of my capital.
I certify that I meet one or more of the criteria above and am an Accredited Investor.