Terms of Service

Last updated October 4, 2024

PLEASE READ OUR TERMS OF SERVICE CAREFULLY BEFORE YOU USE OUR WEBSITE

[1] AGREEMENT
By using the Site, you agree to be bound by our Terms of Service (the "TOS"). If you do not agree to the terms and conditions contained in the TOS. Please do not access or otherwise use the Site or any information contained herein.

You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC's attention through reliable means that a registered user is a child under 18 years of age, BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC will cancel that user's account.

[2] CHANGES TO THE TOS
We reserve the right at any time to:

Change the terms and conditions of the TOS;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).

BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.

[3] IMPORTANT INVESTMENT DISCLAIMER
You understand that no content published on the Site constitutes a recommendation that any particular investment, portfolio of investments, transaction, or investment strategy is suitable or advisable for you or any other specific person. You further understand that neither we nor any of the information providers, their affiliates nor any third parties will advise you personally concerning the nature, potential, advisability, value or suitability of any particular investment, portfolio of investments, transaction, investment strategy, or other matter. You understand that an investment is subject to a number of risks. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

[4] USER CONDUCT
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its services, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
Transmit any Content which contains software viruses, or other harmful computer code, files or programs.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.

In order to access some of the services of the Site, you will have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC has the right to terminate your access to the Site, in its sole discretion.

[5] OVERVIEW OF POSTING CONTENT; MONITORING CONTENT
The Site may permit the submission of Content by users of the Site, including without limitation comments, articles, links, private messages sent to a registered user's BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC email account, and items in our StockTalk and Instablog sections, and including from those who give permission to BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC to post their Content ("User Submissions") and the hosting, sharing and publishing of such User Submissions on the Site. BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted to or from your BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC email account at any time and for any reason. Without limiting the foregoing, BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC has the right to delete any comment that it believes, in its sole discretion, does or may violate the TOS of the Site by you.

On user-generated Comments, BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC reserves the right to remove content that violates one of the following principles, as determined by BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC, at our discretion:

No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
No pornography or pedophilia
No direct or veiled threats against any person or group of people.
No copyright infringement
No publishing of other people's private and confidential information, such as credit card numbers, National Insurance numbers, and driver's and other license numbers.
No impersonation of others in a manner that is intended to or does mislead or confuse others.
No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
No spamming, link-spamming or transmitting malware and viruses.
No personal attacks.
No profanity or vulgarity.
No business solicitations or advertising.
No inappropriate, unethical or misleading behavior.

[6] DISCLOSURE
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these TOS, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC, its users or the public.

[7] DISCLAIMER OF WARRANTIES
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

[8] LIMITATION OF LIABILITY
NEITHER BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

[9] INDEMNIFICATION
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOS; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Site.

[10] TERMINATION
You understand and agree that BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.

[11] MISCELLANEOUS
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

The TOS, together with all BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC policies referred to herein, constitutes the entire agreement between you and BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOS, privacy policy and the relationship between you and BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC are governed by and construed in accordance with the laws of The Commonwealth of The Bahamas, without regard to its principles of conflict of laws. You and BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC agree to submit to the personal and exclusive jurisdiction of The Commonwealth of The Bahamas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOS is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOS.

BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. SAC is an open-end fund incorporated in the Commonwealth of The Bahamas on July 23, 2023 under the International Business Companies Act, 2000, and registered as a segregated account company on July 31, 2024 pursuant to the provisions of the Segregated Accounts Companies Act, 2004, (No. 20 of 2004) and has Opal Capital ltd. as its designated fund manager. The principal investment objective of the Fund is to provide funding to Asset Originators that support Small and Medium Enterprise (SME) companies through a number of debt-based product structures including, invoice financing, term loans, buy-now-pay-later, asset backed loans and other short tenor debt products in the Middle East and South Asia region (MESA) - specifically focused on the Gulf Cooperation Council (GCC) countries. The Fund aims to capitalize on the high interest rate environment in short-term loans offered to businesses with outstanding receivables and notes receivables.

The participating shares offered by the Fund may not be sold to or purchased by a ‘US Person’ except when this offering is made as a private placement pursuant to section 4(2) of ‘THE U.S. SECURITIES ACT OF 1933’, as amended (THE “U.S. SECURITIES ACT”), and only to parties that are “Accredited Investors” as defined in rule 501(A) of Regulation D under the U.S. SECURITIES ACT (“PERMITTED U.S. PERSONS”).

The fund warrants and ensures that all subscriptions, redemptions/withdrawals, transfers, and conversions of the Fund’s Shares are processed in full compliance with all Applicable AML Regulations. The fund verifies and records the identity of all shareholders/investors (including beneficial owners), and where required, conducts enhanced due diligence on any politically exposed persons (“PEP”), immediate family members, or close associates of PEPs. The fund further ensures that it does not accept or maintain any subscription funds from foreign shell banks or from individuals or entities listed on sanctions lists issued by the U.S. Treasury Department’s Office of Foreign Assets and Control (OFAC), the European Union, United Nations, or other relevant jurisdictions’ sanctions programs. All necessary records on shareholder/investor transactions are retained as required by Applicable AML Regulations.

An investment in the Shares of BLACKOPAL ONCHAIN PRIVATE CREDIT FUND I LTD. carries risks, particularly due to the Fund's focus on alternative, illiquid assets such as digital and staked digital assets. The Fund's asset values may be affected by political developments, changes in laws, and economic volatility, which can impact performance and liquidity. Additionally, Shares carry no voting rights, and investors may experience significant price fluctuations between Valuation Days, affecting redemption values.

Potential investors are encouraged to read this disclaimer carefully and all related offering materials before making any investment in the Fund. Investment in the Fund is subject to risks. It is strongly recommended that prospective investors consult with their financial, legal, and tax advisors to fully understand the risks involved and to determine whether this investment aligns with their financial situation and investment goals. By investing in the Fund, investors acknowledge and accept these risks.