Last Updated: March 2025
Welcome to Fenix Capital Partners Limited ("Fenix," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Services.
Fenix Capital Partners Limited operates as a firm that raises capital for private companies utilizing the FINRA Rule 2040 foreign finders exemption. We facilitate introductions between private companies seeking capital and potential investors through our network of introducers.
IMPORTANT: Fenix Capital Partners Limited does not provide investment advice, and nothing contained on our website or in communications with our representatives should be construed as investment advice. We do not make recommendations regarding the appropriateness of any investment opportunity for any specific investor.
Our business operates under the foreign finders exemption provided by FINRA Rule 2040. Under this rule, we may receive transaction-based compensation for introducing non-U.S. persons to U.S. broker-dealers where the introduced persons are outside of the United States, and the introducing firm has no direct contact with U.S. customers.
We receive fees directly from portfolio companies and share these fees with our network of introducers in accordance with applicable laws and regulations.
Fenix Capital Partners Limited is not a registered broker-dealer in the United States and does not engage in activities that would require such registration.
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into a binding contract with us.
Certain aspects of our Services may be available only to "accredited investors" as defined in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended, or "qualified purchasers" as defined in Section 2(a)(51) of the Investment Company Act of 1940, as amended.
By accessing investment opportunities through our Services, you represent and warrant that you meet all applicable investor qualification requirements. We reserve the right to require verification of your investor status at any time.
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You agree to notify us immediately of any unauthorized access to or use of your username, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) for any reason at any time. Termination will not affect any rights or remedies to which Fenix Capital Partners Limited is entitled under these Terms or by law.
IMPORTANT: Investing in private companies involves a high degree of risk, including the risk of losing your entire investment. Investment opportunities presented through our Services are speculative, illiquid, and involve a high degree of risk, including the potential for complete loss of principal.
We do not guarantee the performance of any investment, the return of any capital, or any particular rate of return. Past performance is not indicative of future results.
While we make efforts to provide accurate information about investment opportunities, we do not independently verify all statements made by issuers or companies seeking investment. You should conduct your own due diligence, including consulting with financial, legal, and tax advisors before making any investment decision.
Investment opportunities presented through our Services may not be registered under applicable securities laws. Investment in unregistered securities is subject to significant restrictions on resale and transfer.
By using our Services, you agree not to:
The Services and all contents, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Fenix Capital Partners Limited or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license is subject to these Terms and does not include:
By submitting, posting, or displaying content on or through the Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing the Services.
You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
In using our Services, you may receive confidential information about investment opportunities, portfolio companies, or business strategies ("Confidential Information"). You agree to:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FENIX CAPITAL PARTNERS LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FENIX CAPITAL PARTNERS LIMITED MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
IN NO EVENT SHALL FENIX CAPITAL PARTNERS LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Fenix Capital Partners Limited, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Before filing a claim against Fenix Capital Partners Limited, you agree to attempt to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.
If we cannot resolve a dispute informally, you and Fenix Capital Partners Limited agree to resolve any claims related to these Terms or the Services through final and binding arbitration, except as set forth below.
The arbitration will be conducted by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules. The arbitration will be conducted in Hong Kong, unless you and we agree otherwise.
Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
These Terms constitute the entire agreement between you and Fenix Capital Partners Limited regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
If you have any questions about these Terms, please contact us at:
Fenix Capital Partners Limited
Business Registration Number: 77859317
Hong Kong
info@fenixcapital.partners
