Disclaimer: JSM Indochina Ltd. Website

Terms and Conditions

Please read the following information carefully. The information contained on these website pages (this “Site”) is communicated by JSM Indochina Ltd. (“JSM Indochina”) in accordance with the following terms and conditions. By accessing any part of this Site, you will be deemed to have accepted the terms and conditions in this disclaimer in full. All references to the terms ‘we’ and ‘us’ refer to JSM Indochina and the Manager (as such term is defined below). If you do not accept these terms and conditions please do not continue to access this Site.

Disclaimers and Exclusion of Liability

JSM Indochina was created to engage (through subsidiaries and joint ventures) in property investment and development opportunities located mainly in Vietnam and Cambodia, and is managed by JSM Capital Indochina Ltd (the “Manager”). JSM Indochina is an exempted company with limited liability incorporated in the Cayman Islands, the ordinary shares of which have been admitted to the AIM market of the London Stock Exchange plc.

The content of this Site does not constitute or form part of any offer or invitation to sell or issue, or any solicitation of any offer to purchase or subscribe for any securities, nor shall it (or any part of it) or the fact of its publication, form the basis of, or be relied on in connection with, any contract therefor. The distribution of the content of this Site in certain jurisdictions may be restricted by law. Persons in possession of this information are required to inform themselves about and to observe any such restrictions. You hereby acknowledge and warrant that you are not breaching any relevant laws (including securities laws) by accessing this Site in such jurisdiction.

You should not rely on any information contained in this Site in making an investment or other decision but should obtain appropriate and specific professional advice in connection therewith. In making an investment decision regarding our securities, you must rely on your own examination of us, including the merits and risks involved in an investment. Nothing contained in this Site constitutes or should be construed to constitute investment, legal, tax or other advice. The information contained in this Site shall in no way be construed to constitute a recommendation with respect to the purchase or sale of any investment.

This Site is directed only at: (a) persons who have professional experience in matters relating to investments and who are investment professionals as specified in article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Financial Promotions Order”); (b) high net worth companies, unincorporated associations and other persons who fall within the provisions of article 49 of the Financial Promotions Order; and (c) persons certified by an authorised person as sophisticated investors within the meaning of article 50 of the Financial Promotions Order (but for the avoidance of doubt not those who are self-certified within the meaning of article 50A of that Order). This Site has therefore not been approved for the purpose of Section 21 of The Financial Services and Markets Act 2000 as amended or any other equivalent laws.

For the avoidance of doubt, the Company has not been and will not be registered under the United States Investment Company Act of 1940 (the “Investment Company Act”). Any securities referred to in this Site (or in any information provided or discussed in connection with it) have not been, and will not be registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), or the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), or the securities laws of any state of the United States or other jurisdiction. The securities may not be offered or sold within the United States or to, or for the account or benefit of U.S. persons (as defined in Regulation S under the Securities Act) except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Investment Company Act, the Securities Act, the Exchange Act and any applicable state or local securities laws.

While JSM Indochina may update this Site from time to time, its content is provided in good faith “as is” for information purposes only with no representation or warranty, express or implied by JSM Indochina, the Manager or any of their partners, shareholders, officers, directors or employees as to its accuracy or completeness or that it is up to date, and it should not be relied on as such.

The content of this Site includes certain forward-looking statements, including statements regarding target returns, that are based on JSM Indochina’s beliefs, assumptions and expectations of its future performance, taking into account information currently available to us. Such forward-looking statements address matters that involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. Accordingly, these beliefs, assumptions and expectations can change as a result of many possible events or factors that may cause JSM Indochina’s business, financial condition, liquidity, results of operations and actual returns to vary materially and target returns to be revised from those expressed in the forward-looking statements. None of the data on this site has been audited and where any reference is made in this Site to the past performance of investments by persons associated with JSM Indochina, the Manager, or other investments in real estate, you should bear in mind that such information is not necessarily indicative of the future performance of the relevant investments or of JSM Indochina’s or the Manager’s future performance. The value of JSM Indochina’s investments may fall as well as rise.

To the fullest extent allowed by law, JSM Indochina, the Manager, and their officers, directors, shareholders and employees shall not be liable, whether in tort (including negligence) or otherwise howsoever, for any losses, damages, costs or expenses of whatever nature (including —without limitation— any consequential, indirect or unforeseeable loss or loss of bargain, opportunity or profit) incurred or suffered by you or any third party arising out of or in connection with the access to or use of, or linking to other Sites from, this Site or reliance on any information contained on this Site. Nothing in this disclaimer shall limit our liability for death or personal injury resulting from our negligence.

Intellectual Property Rights

All intellectual property rights in the Site are owned or licensed by JSM Indochina or the Manager, and are protected by law. We reserve all such rights save that you may print and download extracts from any part of the Site for your personal reference or to bring to the attention of others within your organisation.

You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, and the status of JSM Indochina, the Manager and our contributors as the authors of material on the Site must always be acknowledged. You may not modify or use any content from the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

Content and Access

We may withdraw or change Site content at any time without notice and, if the need arises, we may suspend access to the Site, close it indefinitely or restrict access to users who have registered with us.

You agree to treat any user identification code, password or other piece of information used as part of our security procedures as confidential and not disclose it to any third party. We may disable your access if in our view you have failed to comply with any of the terms of this disclaimer.

Your Information, Privacy and Cookies

Any personal data provided by you through this Site is accurate to the best of your knowledge, and you consent to us processing such information for the purpose you requested. We will process such information only for this purpose.

The Site does not automatically capture or store your personal data, other than to record your IP address and session information (such as duration of your visit and browser used) for administration and compilation of Site use statistics.

Links

Links to other websites and resources provided by third parties are provided for your information only; we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may link to the Site home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or suggest any form of association, approval or endorsement by us where none exists. You may not create a link to any other part of the Site, establish a link from any website that is not owned by you or frame the Site in another website. We reserve the right to withdraw linking permission without notice.

Viruses

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, worm, Trojan horse or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material from it.

Variations

Some terms in this disclaimer may be superseded by specific provisions published elsewhere on the Site. We reserve the right to vary these terms from time to time by amending this page, and you should check it from time to time to note any changes made.

I hereby agree to these terms:

 

©2007 JSM Indochina LTD