TERMS AND CONDITIONS

The Information contained and accessed on this site is provided for General Guidance and is not intended to replace or serve as a substitute for any Financial, Investment, Legal, Tax or Other Professional Advice, Consultation, or Service from NewChic Capital Family Office, NewChic Enterprises Limited, NewChic Ventures Limited, JennClub DAO, JennFund, Glam-it! Limited or any of its Partners and Subsidiaries. 

When investing, past performance may not be indicative of future results. Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment, investment strategy, or product made reference to directly or indirectly on this site or in our discussions will be profitable, or be the same as any corresponding indicated historical performance level(s), or be suitable for your portfolio. Due to changing market conditions, the website content may no longer be reflective of our current opinions or positions.

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With any Involvement by the Company hereunder as a Participant or Collaborator or not, directly or indirectly, whether as an owner, partner, shareholder, consultant, agent, employee, co-venturer or otherwise, or through any other "person" (which, for purposes of this subsection, shall mean an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof), (1) hire or attempt to hire any employee of the Company or any affiliate of the Company or any person who was an employee of the Company or any affiliate of the Company at any time encourage any such Individual to terminate his or her relationship with the Company or any affiliate of the Company; (2) directly or indirectly, request or cause customers, suppliers or other parties with whom the Company or any of its affiliates has a business relationship to cancel or terminate any such business relationship with the Company or any of its affiliates; and (3) solicit from a customer of the Company or its affiliates any business which is competing with or related to the business of the Company or its affiliates, or with the products or services of the Company or its affiliates.

Any violation of the Terms & Conditions will be subject to termination of involvement via the Company’s discretion. All legal rights are hereby reserved.

Release. You hereby waive, release and forever discharge the Company and each of its past, present and future parents, subsidiaries, and affiliates, and each of its and their respective past, present and future directors, officers, employees, contractors, stakeholders, members, trustees, representatives, agents, advisors, volunteers, individuals, employee benefit plans (and such plans’ administrators, fiduciaries, trustees, recordkeepers and service providers), successors and permitted assigns, each and all of them in their personal and representative capacities (collectively the “Company Releasees”), from any and all claims legally capable of being waived, grievances, injuries, controversies, agreements, covenants, promises, debts, accounts, actions, causes of action, suits, arbitrations, sums of money, attorneys’ fees, costs, damages, or any right to any monetary recovery or any other personal relief, whether known or unknown, in law or in equity, which you now have, have ever had, or may hereafter have, based upon or arising from any fact or set of facts, whether known or unknown to you, from the beginning of time, arising out of or relating in any way to your involvement with the Company or any of the other Company Releasees, or other associations with the Company or any of the other Company Releasees, or any termination thereof to the maximum extent permitted by law.  Without limiting the generality of the foregoing, this waiver, release, and discharge includes any claim or right, to the extent legally capable of being waived, based upon or arising under any applicable laws.

No Lawsuit or Charges. Individual represents and warrants that Individual has not filed or submitted any lawsuit or charge against the Company or any of the other Company Releases with any Hong Kong SAR (or in any other locale), administrative, departmental, local or other governmental or quasi-governmental entity, agency, board, court, or arbitrator.

No Assignment. Individual represents and warrants that she has not transferred or assigned any of the claims, demands or causes for action released herein and will not institute legal proceedings based upon or arising out any claim, demand or cause of action released herein against any of the Released Parties.

Indemnification. Individual agrees to indemnify and hold harmless the Released Parties, and each of them, jointly or severally, against any loss or liability whatsoever, including reasonable attorney's fees, caused by any action or proceeding before any court or government agency, commission, division or department of any state, federal or local governing body, which is brought by the Individual other successors-in­ interest, if such action or proceeding arises out or is related to any claim, demand or cause of action released herein.

No Admission. Individual acknowledges that the payments and other consideration received in the exchange of the execution of this Agreement is not to be construed as an admission on any part of the Released Parties of any wrongdoing or liability whatsoever.

Protection of Confidential Information. Except as expressly permitted in this Agreement, and in addition to any other nondisclosure or confidentiality agreement between Individual and the Company including the Non-Disclosure Agreement, which agreement Individual hereby acknowledges and reaffirms, Individual agrees that he or she will not, at any time, directly or indirectly, disclose any trade secret, confidential or proprietary information he or she has learned by reason of his or her association with the Company (the “Confidential Information”) or use any such Confidential Information to the detriment of the Company or to the benefit of any business, organization or enterprise.  Confidential Information  means any and all information or data, including, without limitation, trade secrets, know-how, show-how, theories, technical, operating, marketing, financial or other business information, plans, business and strategies, source codes, software programs, computer systems, algorithms, formulae, concepts, creations, costs, plans, materials, enhancements, research, specifications, works of authorship, techniques, documentation, models and systems, sales and pricing techniques, designs, inventions, discoveries, products, improvements, modifications, methodology, processes, concepts, records, files, memoranda, reports, plans, proposals, price lists, product development, project procedures and customer, client, donor, partner, supplier and Individual lists and data and other personally identifiable information, disclosed by or on behalf of the Company to his or her that is confidential, proprietary or otherwise not publicly available, whether prepared or furnished by or on behalf of the Company, and irrespective of the form or manner of communication (whether written, verbal, electronic or otherwise), and regardless of whether such information is specifically marked as confidential or proprietary, and irrespective of when such information is or was furnished to her.  The term “Confidential Information” shall be deemed to include any and all notes, analyses, compilations, copies, reports, summaries, studies, communications, memoranda, forecasts, financials, evaluations, interpretations or other documents, materials or records, in any form or medium, prepared by or on Individual’s behalf or that contain, reflect or are derived from or based upon, in whole or in part, any Confidential Information furnished to Individual.

Non-Disparagement; Non-Publication; Cooperation. Individual shall not, directly or indirectly, at any time make, publish or communicate, or cause to be made, published or communicated, whether anonymously or not, any statement, observation, opinion or information, whether verbal or written, of a defamatory or disparaging nature regarding, or that is likely in any way to harm the reputation of, embarrass, humiliate or otherwise cause or contribute to their being held in disrepute, the Company or any other Company Releasee, the business or products of the Company or any other Company Releasee, or any of the Company or any other Company Releasee’s respective Individuals, officers, directors, contractors, stakeholders, members, customers, clients, donors, partners, vendors, suppliers, agents, representatives, advisors, successors or permitted assigns.  Individual further agrees that, unless she has prior written authorization from the Company, she will not disclose, directly or indirectly, any information about or relating to (a) the Company or its past, present or future investors, supporters and partners or potential investors, supporters and partners; (b) legal matters involving or relating to the Company or any other Company Releasee, or the resolution thereof; or (c) personal matters, personal lives, and other information concerning officers, directors, Individuals or executives of the Company or any other Company Releasee to any reporter, journalist, editor, author, producer, publisher, newspaper, blog, website, social media or similar person or entity, or take any other action intended to or likely to result in such information being made available to the general public, including, without limitation, books, articles, writings or electronic media of any other kind, as well as film, videotape, television or other broadcasts, audio tape, electronic/Internet format or any other medium.  Individual also agrees that upon the Company’s reasonable notice, Individual shall cooperate with the Company and its counsel or other advisors (including, if necessary, with respect to any legal or regulatory matters, preparation for and appearance at depositions, hearings, trial or other proceedings) with regard to any past, present or future matters that relate to or arise out of matters Individual has knowledge about or have been involved with during Individual’s involvement with the Company.  In the event that such cooperation is required, Individual will be reimbursed for reasonable and documented expenses incurred in connection therewith.  Furthermore, Individual agrees not to voluntarily aid or assist any legal action or proceeding filed by third parties against the Company, unless Individual’s participation is required under applicable law.

Non-Solicitation.  In addition to any restrictive covenants Individual entered into while involved with the Company (which are survived and incorporated herein by reference), Individual acknowledges that she understands that the Company’s ability to effectively operate and serve its investors, investees, portfolio companies, partners, clients and community depends upon their ability to attract and retain skilled Individuals and volunteers, and that the Company has and will continue to invest substantial resources in recruiting, hiring and training such Individuals and volunteers.  Therefore, the Individual shall not, to the maximum extent permitted by applicable law and without the prior written consent of the Company, directly or indirectly, (i) approach, solicit, recruit, counsel, induce, encourage, get involved with or retain, or have, cause, or assist any other person or entity to do any of the foregoing in respect of, any person who is involved with, volunteering or providing services to the Company or who has been involved with, volunteered or has provided services to the Company at any time or (ii) otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the Company’s workforce.

Non-Interference with Relationships. Individual acknowledges that Individual understands that the Company’s ability to operate and serve its investors, investees, portfolio companies, partners, clients and community depends upon their ability to maintain their relationships with their counterparties, investors, partners, investees, media, community organizations, vendors, suppliers, and service providers, which relationships have been developed and maintained at significant time, expense and effort by the Company. Therefore the Individual shall not, to the maximum extent permitted by law and without the prior written consent of the Company, directly or indirectly, interfere with or disrupt, or attempt to interfere with or disrupt, the Company’s relationship with any counterparty, investors, partners, investees, media, community organization, vendor, supplier, service provider, or any other person or entity, with whom or which the Company at any time has done or does business or has given or received support, or (b) is undertaking or has undertaken efforts to do business or to give or receive support in the future, in each case, including, without limitation, by soliciting or encouraging any such counterparty, investors, partners, investees, media, community organization, vendor, supplier, service provider, or other person or entity to discontinue or diminish its relationship with the Company.

Reasonable Restrictions. In the event of Individual’s breach or threated breach of any of the provisions in this Agreement, Individual acknowledges that the Company would suffer irreparable harm and damages would be an inadequate remedy. Individual hereby waives the right to assert the defense that such breach or violation can be compensated adequately in damages at law. Accordingly, Individual agrees that, in the event of Individual’s breach or threatened breach of any of the provisions in this Agreement, the Company shall be entitled to temporary, preliminary and permanent injunctive or other equitable relief in a court of competent jurisdiction as identified below (without being obligated to post a bond or other collateral) and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such violation, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies to which the Company may be entitled at law or in equity.