Terms & Conditions

# TERMS & CONDITIONS

CM INVESTMENTS (PVT) LTD. Effective Date: [Insert Date]

These Terms & Conditions (“Terms”) govern your access to and use of the CM Investments (Pvt) Ltd. website (“Website”) and your interaction with CM Investments through the Website.

In these Terms, “CM Investments”, “CM”, “we”, “us” or “our” means CM Investments (Pvt) Ltd., and “you”, “your” or “user” means any person or organisation accessing, using or submitting information through the Website.

By accessing or using the Website, submitting an enquiry, registering as an investor, submitting a project, requesting funding, providing documents or otherwise engaging with CM Investments through the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Website or submit information through it.

1. Purpose of the Website

The Website is provided to facilitate information, communication and potential business relationships relating to:

  • investment opportunities;
  • project funding;
  • business development;
  • investment readiness;
  • project development;
  • strategic consulting;
  • international business;
  • capital facilitation;
  • commercial opportunities; and
  • other services offered by CM Investments.

Information on the Website is provided for general informational and business purposes and does not constitute an unconditional offer, acceptance, investment commitment, financing commitment, partnership agreement or other legally binding commitment unless expressly stated in a separate written agreement.

2. Eligibility to Use the Website

By using the Website, you confirm that:

  • you are legally capable of entering into binding agreements;
  • you are providing information for a legitimate purpose;
  • you have authority to act on behalf of any company or organisation you represent;
  • information supplied by you is truthful and accurate;
  • you will comply with all applicable laws and regulations; and
  • you will not use the Website for any unlawful, fraudulent or prohibited purpose.

Where a user acts on behalf of a company, partnership, organisation or other entity, the user represents that they have the necessary authority to do so.

3. Website Information

CM Investments makes reasonable efforts to ensure that information published on the Website is accurate and current.

However, we do not guarantee that:

  • all information is complete;
  • information is always current;
  • information is free from errors or omissions;
  • third-party information is accurate;
  • forecasts or projections will be achieved; or
  • the Website will always be available.

Information may be changed, updated or removed without notice.

4. Investment Opportunities

Investment opportunities displayed, referenced or communicated through the Website may be subject to further assessment.

The publication or presentation of an investment opportunity does not constitute a guarantee, recommendation or endorsement of the investment.

All potential investments are subject to appropriate:

  • due diligence;
  • verification;
  • risk assessment;
  • financial and commercial evaluation;
  • legal and regulatory review;
  • investor suitability considerations where applicable;
  • internal approval; and
  • legally binding documentation.

No investment should be made solely on the basis of information contained on this Website.

5. No Guarantee of Returns

CM Investments does not guarantee:

  • investment returns;
  • capital appreciation;
  • profitability;
  • dividends;
  • repayment of capital;
  • project completion;
  • funding approval;
  • commercial success;
  • business growth; or
  • any projected financial outcome.

Any financial projections, expected returns, forecasts, valuations or targets presented by CM Investments or a third party are estimates and may change.

Actual results may differ materially.

6. Project Funding Applications

Submitting a project or funding application does not guarantee that CM Investments or any third party will provide funding.

CM Investments may:

  • evaluate the proposal;
  • request additional information;
  • conduct due diligence;
  • request independent assessments;
  • introduce the proposal to potential investors or funders;
  • recommend changes to the project;
  • decline the proposal; or
  • discontinue consideration at any stage.

CM Investments is under no obligation to fund every project submitted.

7. Investor Registration and Enquiries

Submitting an investor enquiry or registering an investment interest does not create an investment relationship with CM Investments.

CM Investments may request additional information for identification, KYC, source-of-funds, compliance, suitability, commercial or due-diligence purposes.

Providing information does not guarantee access to any particular investment opportunity.

CM Investments reserves the right to determine whether and when an investor is introduced to a particular opportunity.

8. Due Diligence

CM Investments may conduct, coordinate or commission due diligence relating to investors, companies, projects, assets, transactions or proposed business relationships.

Due diligence may include:

  • corporate verification;
  • identity verification;
  • financial review;
  • ownership and beneficial-ownership checks;
  • project assessment;
  • market research;
  • technical assessment;
  • legal review;
  • source-of-funds checks;
  • sanctions and compliance screening; and
  • other appropriate investigations.

Due diligence does not constitute a guarantee that an investment or transaction is risk-free.

9. Third-Party Investors, Funders and Partners

CM Investments may introduce project owners to potential investors, funders, financial institutions, strategic partners, government bodies, professional advisers or other third parties.

CM Investments does not guarantee the actions, conduct, financial capacity, representations, performance or reliability of any third party.

Similarly, investors and project owners remain responsible for conducting their own independent due diligence on counterparties.

10. Fees and Charges

Certain services provided by CM Investments may be subject to consultation fees, success fees, project-development fees, facilitation fees, commissions or other agreed charges.

Any applicable fee should be clearly communicated and agreed before the relevant paid service is provided.

Unless otherwise agreed in writing, no fee is implied merely because a user submits an enquiry or accesses information on the Website.

Where a separate engagement letter, service agreement, commission agreement or other contract exists, the terms of that agreement will govern the applicable commercial relationship.

11. Confidentiality

CM Investments recognises that users may provide commercially sensitive information.

We will handle information in accordance with our Privacy & Confidentiality Notice and applicable law.

However, submission of information through the Website does not automatically create a formal contractual Non-Disclosure Agreement.

Where a project or transaction requires enhanced confidentiality protection, CM Investments may require the parties to enter into a separate NDA or confidentiality agreement.

Users should clearly identify particularly sensitive information and should not submit information they are not authorised to disclose.

12. Personal Information

CM Investments may collect and process personal and business information submitted through the Website for legitimate business purposes.

Such information may be used for:

  • responding to enquiries;
  • evaluating projects;
  • evaluating investment interests;
  • conducting due diligence;
  • maintaining business records;
  • communicating with users;
  • providing requested services;
  • compliance and verification;
  • business development; and
  • other legitimate purposes described in our Privacy Notice.

Further details are contained in our Privacy & Confidentiality Notice.

13. Disclosure to Professional Advisers and Transaction Parties

Where reasonably necessary to evaluate or progress a potential transaction, information may be shared with appropriate professional advisers, investors, funders, financial institutions, technical specialists, legal advisers, accountants, auditors, regulators or other relevant parties.

Where appropriate, CM Investments will seek consent before sharing commercially sensitive information with potential investors or transaction partners.

Disclosure may also occur where required or permitted by applicable law.

14. User Representations

By submitting information to CM Investments, you represent and warrant that:

  • the information is accurate to the best of your knowledge;
  • you have authority to submit it;
  • the information does not knowingly infringe another person's rights;
  • the documents supplied are genuine;
  • you have not intentionally concealed material information;
  • the proposed activity is lawful;
  • you are not using CM Investments to facilitate fraud or unlawful activity; and
  • you will notify CM Investments of any material change to information previously provided.

15. Prohibited Use

You must not use the Website to:

  • commit or facilitate fraud;
  • conduct unlawful financial activity;
  • launder money;
  • finance terrorism;
  • impersonate another person;
  • submit forged or fraudulent documents;
  • transmit malicious software;
  • attempt to gain unauthorised access;
  • obtain confidential information without authorisation;
  • interfere with Website security;
  • scrape or systematically copy Website content without permission;
  • misrepresent your relationship with CM Investments; or
  • use the Website for any unlawful or abusive purpose.

CM Investments may report suspected unlawful activity to appropriate authorities where legally required or reasonably necessary.

16. Intellectual Property

All Website content, including:

  • CM Investments branding;
  • logos;
  • names;
  • text;
  • graphics;
  • designs;
  • photographs;
  • videos;
  • reports;
  • presentations;
  • documents;
  • website layouts; and
  • other original materials

are owned by or licensed to CM Investments unless otherwise stated.

You may view and use the Website for legitimate personal or business evaluation purposes.

You may not reproduce, modify, distribute, publish, sell, license or commercially exploit Website content without prior written permission, except where permitted by law.

17. User-Submitted Materials

You retain ownership of intellectual property contained in materials you lawfully submit to CM Investments.

By submitting information or materials, you grant CM Investments permission to use, reproduce, store and review those materials to the extent reasonably necessary to evaluate your enquiry, provide services, conduct due diligence, communicate with relevant parties or consider a potential transaction.

This permission does not transfer ownership of your intellectual property to CM Investments.

Separate agreements may apply to specific projects or transactions.

18. No Unauthorised Reliance

Information obtained through the Website should not be treated as a substitute for independent professional advice.

Users are responsible for obtaining appropriate legal, tax, accounting, financial, technical or other professional advice before entering into a transaction where such advice is appropriate.

19. Third-Party Websites and Information

The Website may contain links, references or information relating to third-party websites, companies or services.

CM Investments does not control or guarantee the content, availability, security or accuracy of third-party websites.

Accessing third-party websites is at the user's own risk.

20. Communications

Electronic communications, including emails and online submissions, may be used for initial discussions and information exchange.

However, no electronic communication shall constitute a binding investment, financing, partnership, acquisition or other commercial commitment unless the relevant agreement has been properly authorised and executed.

Users should not rely upon informal communications as evidence of a final transaction.

21. Limitation of Liability

To the maximum extent permitted by applicable law, CM Investments, its directors, founders, officers, employees, consultants, advisers, representatives, agents and affiliated entities shall not be liable for losses arising from:

  • use of the Website;
  • reliance upon Website information;
  • investment decisions;
  • investment losses;
  • unsuccessful funding applications;
  • failure of a project;
  • failure of a third party;
  • loss of expected profits;
  • loss of business opportunity;
  • inaccurate third-party information;
  • technical failures;
  • cybersecurity incidents; or
  • interruption or unavailability of the Website.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

22. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless CM Investments, its directors, founders, officers, employees, consultants, advisers, representatives, agents and affiliated entities against claims, losses, liabilities, damages, costs and reasonable expenses arising from:

  • your breach of these Terms;
  • false or misleading information supplied by you;
  • your unlawful use of the Website;
  • your violation of another person's rights;
  • your unauthorised disclosure of information;
  • fraudulent documents or representations supplied by you; or
  • your actions or omissions in connection with a transaction initiated through the Website.

This provision does not apply to liability arising from fraud, wilful misconduct or any liability that cannot legally be excluded.

23. Right to Refuse or Terminate Access

CM Investments may, at its discretion and without liability, restrict, suspend or terminate a user's access to the Website or discontinue consideration of an enquiry where:

  • information appears fraudulent;
  • compliance concerns arise;
  • the user breaches these Terms;
  • the activity appears unlawful;
  • the user behaves abusively;
  • the information cannot be satisfactorily verified; or
  • continued engagement is otherwise considered inappropriate.

24. No Agency or Partnership

Use of the Website or communication with CM Investments does not create an agency, partnership, employment, fiduciary, joint-venture or investment-management relationship unless expressly established through a separate written agreement.

No user may represent that they are an authorised agent, representative or partner of CM Investments without written authority.

25. Regulatory and Legal Compliance

All transactions facilitated, introduced or developed through CM Investments are subject to applicable laws and regulations.

Depending on the nature of a transaction, this may include requirements relating to:

  • company law;
  • taxation;
  • foreign exchange;
  • investment regulation;
  • securities;
  • anti-money laundering;
  • sanctions;
  • beneficial ownership;
  • employment;
  • intellectual property;
  • environmental requirements; and
  • other applicable legislation.

Where specialist advice is required, users should obtain advice from appropriately qualified professionals.

26. Changes to Services

CM Investments may modify, suspend or discontinue any Website service, programme, opportunity or feature without prior notice.

We may also update these Terms from time to time.

The latest version published on the Website will apply to future use of the Website unless otherwise required by law or agreed under a separate contract.

27. Severability

If any provision of these Terms is determined by a competent authority or court to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the extent permitted by law.

28. Entire Agreement

These Terms, together with the Website Disclaimer, Privacy & Confidentiality Notice and any other policies expressly incorporated into them, constitute the general terms governing use of the Website.

Where a separate written agreement has been executed between CM Investments and a user, the terms of that agreement shall govern the specific transaction or service to which it relates.

29. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, unless otherwise expressly agreed in a separate written agreement.

Subject to any mandatory dispute-resolution requirements, disputes arising in connection with these Terms shall be subject to the jurisdiction of the competent courts of Sri Lanka.

30. Acceptance

By accessing this Website, submitting information, requesting funding, registering an investment interest, submitting a project or otherwise engaging with CM Investments through the Website, you acknowledge that:

You have read and understood these Terms & Conditions and agree to comply with them.

You further acknowledge that investment and business activities involve risk, that no investment or funding outcome is guaranteed, and that you remain responsible for obtaining independent professional advice where appropriate.

CM INVESTMENTS (PVT) LTD.

Building Sustainable Investments. Connecting Global Capital with Transformational Opportunities.

Contact: hello@cminvests.co Company Registration No.: PV00328852