Terms of Use

Introduction

APN Consultants, a partnership registered in Sri Lanka (“APN”, “Skyrocket”, “we“, “us”) owns and operates www.skyrocket.lk (the “Site”). By using the Site and services offered (together with the Site) by APN consultants and its affiliates, agents, representatives, consultants, employees, officers, and directors (the “Services”), you’re agreeing to the legally binding rules (the “Terms”) mentioned herein and in our Privacy Policy.

We may change these terms from time to time and we will inform you about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will not apply retroactively.

These Terms govern the Site including mobile and online versions, interactive features, content, downloads and/or other Services that we own and control collectively with the Site, regardless of how you access or use the Services, whether via computer, mobile device or otherwise.

How It Works

The site forms a platform for entrepreneurs to market their funding requirements and investors to identify suitable private equity investments. Each time you access and/or use the Services, you agree to be bound by and comply with the Terms defined below. Therefore, do not use the Services if you do not agree.

Hereinafter, parties those who list their business funding requirements in the Site are referred to as “Entrepreneurs/Entrepreneur” and parties those who seek investment opportunities in the Site are referred to as “Investors/Investor”.

Users (“you”) can be considered either as Entrepreneurs or as Investors depending on the nature of individual case.

Investors and Entrepreneurs can interact with each other through the Site; however, all the transactions occur thereafter are considered to be direct investments between users. Therefore, Skyrocket is not responsible for transactions take place between users. Furthermore, Skyrocket will not possess funds or securities on behalf of users.

Skyrocket may, in its sole discretion, refuse to list an investment opportunity of an Entrepreneur. Therefore, registering as an Entrepreneur will not necessarily assure that your business can be listed in the Site.

If Skyrockets decides to list your business opportunity in the Site, the scope of Services, fee structure, responsibility of parties and limitations shall be agreed in a separate engagement letter.

Investor’s Responsibility

You promise to act responsibly when using the Site and the Services, and you promise to conduct yourself in a professional manner in all your interactions with Skyrocket and any Users of Skyrocket.

The investment opportunities offered in the Site may only be acquired by Investors who are familiar with and willing to accept the high risks associated with private investments.  Investing in private placements requires high-risk tolerance, low liquidity concerns, and long-term commitments. Therefore, Investors must be able to afford to lose their entire investment.

You understand and acknowledge that Skyrocket does not offer investment advices for your investment decisions. Investors are solely responsible for conducting any legal, accounting or due diligence review. Therefore, we recommend investors to seek independent investment advices before investing in any opportunity listed in the Site.

You will be solely responsible for complying with applicable laws regarding any transaction, including, without limitation, the determination of whether any investment complies with the terms of the local law.

Hereby you promise that all the funds you invest in investment opportunities published in the Site are generated through lawful sources and you are willing to disclose the sources of funds to the relevant Entrepreneurs, Skyrocket and to any court as required.

The Site discloses limited information about investment opportunities and you are entitled to request for more information which are deemed to be sensitive for the Entrepreneurs. In the event you request for additional information (by contacting us over the phone or by requesting a meeting via the Site) with regard a particular investment opportunity/opportunities published in the Site, you shall agree to comply with the Non-Disclosure pledge mentioned herein.

Entrepreneur’s Responsibility

You promise to act responsibly when using the Site and the Services, and you promise to conduct yourself in a professional manner in all your interactions with Skyrocket and any Users of Skyrocket.

All the information provided by entrepreneurs at registration and in later stages should be truthful and accurate. The business activities and nature of operation related to funding requirements of Entrepreneurs shall be legal in their jurisdiction of residence. Entrepreneurs are responsible to obtain necessary licenses, registrations and authorizations form relevant regulatory bodies, governments and authorities, to ensure the legality of their business operations.

All the content published in the Site, related to your business, will be discussed with you before we post them. Therefore, it is always your ultimate responsibility to ensure the accuracy and protect confidentiality of such content. By allowing us to post such content, you grant unrestricted, unconditional, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable right to us for those contents. Ultimately, all contents you publish in the Site are at your own risk and you will be solely responsible for any resulting damage or loss to any party.

All the confidential information related to your business/company (which are not published in the Site) will be shared with potential investors only upon obtaining your consent, and the confidentiality of such information will be protected with the Non-Discloser pledge mentioned herein.

User Eligibility and Conduct

The Services of Skyrocket are only for corporates and individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence.

Skyrocket may, in its sole discretion, refuse to offer the Services to any person or entity and Skyrocket may, in its sole discretion, change its eligibility criteria at any time.

As a condition of use of our Services, you promise not to use the Services for any purpose that is prohibited by the Terms or applicable law. You are responsible for all of your activity in connection with the Services.

Non-Disclosure Pledge

By using the site, Investors pledge to use the confidential information shared by Entrepreneurs though the Services, only for the intended purposes, protecting the confidentiality of such information.

Accordingly, “Confidential Information” means any business, financial, operational or other information or data of whatever kind relating to Entrepreneurs or their operating facilities which may be supplied by, or on behalf of them but excludes any such information or data which is or becomes available in the Site or in any other the public domain.

With regard to Confidential Information shared, Investors shall undertake the responsibility to comply with in the terms set out below:

  • To keep the Confidential Information in strict confidence and not, without the prior written consent of the Entrepreneur except as required by law or as mentioned below, disclose any of the Confidential Information to any other person or use it for any purpose other than for appraisal of the investment opportunity or for negotiations in relation to the investment opportunity.
  • To disclose any Confidential Information on a need to know basis to Investor’s professional advisers, directors, officers and senior employees (“the Advisers”) who are directly concerned with the appraisal process of the investment opportunity or with negotiations related to the investment opportunity and whose knowledge of such information is necessary for such purposes, and to ensure that each of the Advisers to whom such a disclosure is made adheres to the terms of this undertaking as if he or she was a party hereto.
  • That neither Investor nor any of the Advisers shall be entitled to any right or license in relation to the Confidential Information, and neither Investor nor any of the Advisers will copy, reproduce, publish or distribute any Confidential Information without the prior written consent of Entrepreneur except for the purpose of giving the same to any of the Advisers. If Investor does not invest in Entrepreneur’s Investment opportunity, Investor and the Advisers will return to Entrepreneur forthwith the Confidential Information together with all copies (if any) made by Investor or any of the Advisers, provided however the confidentiality of information provisions shall survive termination of negotiations.
  • That all communication relating to Entrepreneur’s investment opportunity shall be directed towards representatives of Skyrocket and Investor undertake on behalf of them and the Advisers that no contact, direct or indirect, shall be made, with any shareholder, director, officer, employee or lender to Entrepreneur, without the prior written consent of Entrepreneur.
  • To confirm that Investor are acting in this matter as principal and not as agent or broker for any other person and to agree that no announcement or disclosure that Investor is interested in the investment opportunity of the Entrepreneur shall be made by Investor or on their behalf without the prior written consent of Entrepreneur.
  • To neither agree that the Confidential Information made available to Investor or the Advisers for the purpose of negotiations will constitute an offer by or on behalf of Entrepreneur, nor will such information contained therein form the basis of any contracts.
  • Investor does hereby acknowledge that violation of any of the provisions of this confidentiality undertaking may cause irreparable harm to Entrepreneur and that without prejudice to the rights and remedies available in Law to Entrepreneur, Investor agrees to indemnify and hold Entrepreneur harmless in respect of any loss or damage of whatsoever nature and however occurring which arises out of or in connection with any breach by Investor or any of their servants and agents of the terms and conditions of this Agreement.
  • To agree that, notwithstanding any decision not to invest in investment opportunity of Entrepreneur or the termination of negotiations, the undertakings and confirmations given in the preceding paragraphs shall continue in full force and effect for a period of two (2) years.
  • To confirm and warrant that Investor is a legal person having the understanding, ability and willingness to invest in the Entrepreneur’s investment opportunity.

Limitations of Liability

Skyrocket does not provide any accounting, legal, tax or financial advisory Services to any Entrepreneur or Investor unless there is a separate engagement.

Skyrocket has no commitment to introduce your investment opportunity to Investors or to secure funding for your business. All the investment decisions of Investors, who use the Site, are independent. Therefore, securing investor for your business will solely depend on the attractiveness of your investment opportunity.

Skyrocket does not provide any recommendations or investment advisory Services for investors regarding investment opportunities listed in the Site, therefore, Investors are responsible for all the investment decisions they make. We recommend investors to seek independent investment advices before investing in any opportunity listed in the Site.

All the investment offers made through the sites are made in between Investors and Entrepreneurs, but not between you and us. Skyrocket is under no obligation to become involved in disputes between any Users, or between Users and any third parties.

Actual financial outcomes of the investment opportunities listed in the Site may be materially deviated from its original predictions and Investors are encouraged to independently evaluate the financial feasibility of investment opportunities and perform sufficient due diligence reviews prior to investing. In none of the cases, Skyrocket is responsible for the performance of Entrepreneurs, whose investment opportunities are listed in the Site.

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Skyrocket’s control, and you acknowledge that Skyrocket is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.

Skyrocket shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Skyrockets’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

To the fullest extent permitted by law, in no event will Skyrocket, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or Services; or (iii) for any conduct of content of any third party on the Site. In no event shall Skyrocket’s liability for direct damages be in excess of (in the aggregate) ten thousand rupees (LKR 10,000.00).

Intellectual Property Rights

The site contains variety of intellectual properties including, layout, information, articles, posts, research findings, analysis, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Skyrocket.

Ownership these intellectual properties are with Skyrocket, our licensors and/or certain other third parties. All rights, titles, and interests of this content are protected by intellectual property and unfair competition rights and laws to the fullest extent possible.

Subject to your strict compliance with these Terms, Skyrocket grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device for your personal, non-commercial use only.

When using the Services, you must respect the intellectual property and other rights of Skyrocket and others. Your unauthorized use of content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability

Our Rights

Skyrocket holds the right to make changes to the Site and Services without notice or liability.

Skyrocket reserves the right to, at any time, for any reason, and without notice: cancel, reject, interrupt, remove, or suspend a company profile; remove, edit, or modify any content; and remove or block any User. You agree that in the event of a sudden termination, Skyrocket shall not be responsible for any losses or damages.

Warranty Disclaimer

Skyrocket reviews Entrepreneur’s content before publishing in the Site for its genuineness, legality and practicality.  However, we do not warrant that the content will meet your requirements, and we explicitly advise you that all or part of the content may be inapplicable to or inappropriate for your particular circumstances. Therefore, you are encouraged to consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the content herein. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any content provided in the Site. Therefore, you assume the risk of any and all damages or losses from the use of the content, including the damages that could occur from any bugs, viruses, trojan horses, or similar malicious files.

Indemnification

By using the Services, you agree to defend, indemnify, and hold harmless Skyrocket, its affiliates, directors, officers, employees, managers, agents, vendors, licensors, licensees, contractors, partners and suppliers, and successors and assigns from and against all liabilities, claims, damages, losses, costs, investigations, judgments, fines, penalties, settlements, and expenses, that directly or indirectly arise from your use or misuse of the Site or Services. Skyrocket reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Skyrocket in asserting any available defenses.

Non-Circumvention

Both Investors and Entrepreneurs hereby agree not to circumvent Skyrocket for the successful completion of transactions. In such events, both the parties shall be considered to be liable for the fee payable to Skyrocket, as agreed in the relevant engagement letter.

Other Terms

These Terms and the other material referenced in them are the entire agreement between you and Skyrocket with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Skyrocket with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Skyrocket to exercise any right provided for in these Terms in any way shall not be deemed a waiver of any other rights.

These Terms are personal to you. You shall not be entitled to assign them, transfer them, or sublicense them without our prior written consent. Skyrocket has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Skyrocket will provide you notice via email, written notice, or by conspicuously posting the notice on the Site.

Dispute Resolution and Governing Law

This Agreement shall be governed and construed in accordance with the laws of Sri Lanka.

Any dispute arising with regard to this Agreement shall be settled amicably between the parties, failing which the parties shall refer the matter for settlement by way of mediation/ arbitration or by courts.