This website is published by ONYX Capital Partners. By opening it, browsing it or sending us an inquiry through it, you agree to the terms below. If any part of them does not work for you, please stop using the site.
1. Acceptance of these terms
These terms form an agreement between you and ONYX Capital Partners ("ONYX", "the firm", "we", "us") covering your use of onyxcapital.partners and every page, document and form published on it. Your continued use of the site is how you accept them. If you are opening the site on behalf of a company, a fund or another organization, you confirm that you are authorized to accept these terms for that entity, and "you" then means both you and it.
We may publish separate terms for a particular engagement, mandate or document. Where those terms and these ones disagree, the engagement terms take precedence for that engagement.
2. About ONYX Capital Partners
ONYX is a private advisory and investment firm working with founder- and family-owned businesses, their owners, and professional and qualified investors across North America and Europe. Our work is advisory: we counsel on sale and acquisition processes, structure private transactions, and introduce late-stage private positions to investors who qualify to see them.
ONYX is not a bank, a deposit-taker, a custodian or a trustee. We do not hold or control client money or client assets through this website. Nothing on this site should be read as a representation that the firm is registered as a broker-dealer, an investment adviser or an investment firm in any jurisdiction. Where a specific activity requires registration, licensing or authorization, that activity is carried out by, or in conjunction with, an appropriately authorized entity, and the terms applying to it are given to you in writing at that point.
3. Who may use this site
The site is built for a business audience: company owners, directors, corporate acquirers, professional advisors, and professional or qualified investors. It is not aimed at retail consumers and it is not aimed at children.
- You must be at least 18 years old to use this site.
- If you submit an inquiry for a business, you confirm you are authorized to correspond on its behalf.
- You are responsible for checking that using this site is lawful where you are, and for observing the rules that apply to you there.
- Nothing here is directed at any person in a jurisdiction where publishing or accessing it would breach local law or regulation.
4. No offer of securities
Nothing on this website — no page, description, figure, chart, statistic, case reference, sector note or transaction summary — is an offer to sell, or a solicitation of an offer to buy, any security, fund interest, partnership interest, note, participation or other financial instrument, in any jurisdiction. No content here is a prospectus, an offering memorandum, an offering document, a financial promotion approved for retail distribution, or a recommendation to enter into any transaction.
Any investment that ONYX is involved with is made privately, and only in this way:
- By private placement only. Offers are made through a private, non-public process to a limited number of investors approached directly — never through this website and never to the public.
- To qualified investors only. Participation is limited to persons who satisfy the applicable investor tests before anything is offered to them — for example accredited investors or qualified purchasers under United States securities laws, or professional clients, elective professional clients and certified high-net-worth or sophisticated investors under United Kingdom rules. We verify status; a self-description is not enough.
- Under definitive documents. The only terms that bind anyone are those in the definitive documentation for the transaction — for example a private placement memorandum, subscription agreement, limited partnership agreement, share purchase agreement or side letter. If anything on this website differs from those documents, the documents govern and the website is disregarded.
- Subject to availability and allocation. Where a late-stage or secondary position is described in general terms on this site, that description is indicative only. It creates no allocation, no reservation, no priority and no obligation on ONYX or on any counterparty, and it may be withdrawn or change without notice.
- Subject to law. No offer is made to any person in any jurisdiction where such an offer would be unlawful or would require registration or filing that has not been completed.
Sending us an inquiry, receiving a reply, or being given access to a summary document does not make you an investor, a client or a counterparty of ONYX, and it obliges neither you nor us to proceed. A relationship begins only when a written engagement or subscription is signed by both sides.
5. No investment, legal or tax advice
The content of this site is general information about the firm and the markets it works in. It is not investment advice, legal advice, tax advice, accounting advice or a personal recommendation, and it takes no account of your objectives, your financial position, your risk tolerance or your circumstances. It is not a fairness opinion, a valuation, or an assurance about the merits of any business or security.
Before you act on anything you read here, take advice from your own legal, tax, accounting and financial advisors. Any decision you reach is yours, made on your own judgment and at your own risk.
6. Risks of private investment
Private-market investing carries substantial risk. Anyone considering it should be able to bear a complete loss of the capital committed.
- Illiquidity. Private holdings usually cannot be sold when you choose. There may be no secondary market, transfer may need issuer or sponsor consent, and capital may be locked up for years with no route out.
- Total loss. Private and late-stage companies fail. You may lose part or all of what you invest, and losses are not insured or guaranteed by anyone.
- No guaranteed liquidity event. A company described as approaching a listing may never list. Listings are postponed, repriced and abandoned, and a delayed or downsized listing can significantly reduce value.
- Past performance. Any historical figure, aggregate or record on this site describes what happened before. It does not indicate or promise future results, and no return is projected or assured.
- Valuation and information. Private valuations are estimates, often infrequent, and reporting is far thinner than for listed companies. Terms may be diluted by later rounds, and preferences held by other investors may rank ahead of yours.
- Concentration and leverage. Private transactions may be concentrated in a single company, sector or geography, and may use borrowing that magnifies both gains and losses.
Full, transaction-specific risk factors are set out in the definitive documents for that transaction. This summary is not a substitute for reading them.
7. Third-party names and marks
This site sometimes names third parties — institutional investors, private-equity platforms, exchanges, companies or sectors — to give market context. All such names, logos and trademarks belong to their respective owners and are used for identification only.
Their appearance on this site does not imply any partnership, affiliation, sponsorship, endorsement, joint venture, agency or approval between that party and ONYX, in either direction, and it must not be read as a claim that ONYX acts for them or that they act for us.
8. Permitted use of this site
You may read this site, and print or save pages of it, for your own legitimate business purposes. You may not:
- use the site or anything on it for an unlawful, fraudulent or misleading purpose, or in breach of any securities, marketing or data protection law;
- copy, republish, resell, frame or redistribute the content commercially, or present it as your own;
- scrape, harvest, crawl or otherwise extract content or contact details in bulk, whether by automated means or by hand;
- send us inquiries that are false, impersonate another person or entity, or misstate your investor status or authority;
- upload or transmit malicious code, or attempt to interfere with, overload or disrupt the site or the servers behind it;
- probe, scan or attempt to gain unauthorized access to any part of the site, its systems or any related account;
- use the site to send unsolicited marketing, or to promote a competing service.
9. Intellectual property
The site and everything in it — text, structure, layout, design, typography, graphics, marks, photographs, code and document templates — is owned by ONYX Capital Partners or licensed to us, and is protected by copyright, trademark and other intellectual property law. The ONYX name and mark are ours.
Nothing on this site transfers any right of ownership to you. Beyond the limited personal and internal business use described above, no license is granted, whether expressly, by implication or otherwise. If you would like to reproduce material from the site, ask us first in writing.
10. Disclaimer of warranties
The site is provided on an "as is" and "as available" basis. To the fullest extent the law allows, we disclaim all warranties, conditions and representations of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We work to keep the site accurate and current, but we do not warrant that it is complete, accurate, current or error-free, that it will be uninterrupted or secure, or that defects will be corrected. Figures and market references may be rounded, aggregated or out of date. Statements about intention or expectation are forward-looking and may not come about.
11. Limitation of liability
To the fullest extent permitted by law, ONYX Capital Partners, its partners, directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profit, revenue, business, opportunity, goodwill or data, arising out of or connected with your use of this site or your reliance on anything published on it — whether the claim is framed in contract, tort, negligence, strict liability or otherwise, and even if we were told such loss was possible.
To the extent our liability is not excluded by the paragraph above, our total aggregate liability arising from or relating to this site is limited to one hundred United States dollars ($100). Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
12. Indemnification
You agree to indemnify and hold harmless ONYX Capital Partners, its partners, directors, employees and agents against any claim, demand, loss, liability, cost or expense — including reasonable legal fees — arising from your use of this site, your breach of these terms, your breach of any applicable law, or any misstatement you make to us about your identity, your authority or your investor status.
13. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these terms.
14. Electronic communications
When you send an inquiry or correspond with us by email, you are communicating electronically and you consent to receive our replies and notices in the same form. Electronic communications satisfy any legal requirement that a communication be in writing.
Email is not a secure medium. Messages can be delayed, intercepted or lost. Please do not send confidential financial details, identity documents or account credentials through the inquiry form or by ordinary email. Once an engagement begins we will agree a secure channel for sensitive material.
15. Suspension and termination of access
We may change, suspend or withdraw the site, or any part of it, at any time and without notice. We may also restrict or end your access to the site if we believe you have breached these terms or used the site in a way that risks harm to us, to another user or to a third party. Sections that by their nature should continue after access ends will continue — see section 20.
16. Governing law and jurisdiction
These terms, and any dispute or claim arising out of or in connection with them or with your use of this site, are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. You and ONYX submit to the exclusive jurisdiction of the courts of the State of New Jersey for the resolution of any such dispute.
ONYX maintains offices in New York and London. Where mandatory consumer or local law in your country of residence gives you rights that cannot be set aside by agreement, this section does not remove them.
17. Changes to these terms
We may revise these terms as the firm, the site or the law changes. The revised version takes effect when it is published here, and the "last updated" date at the top of the page tells you when that was. Please check it from time to time; using the site after a change means you accept the revised terms.
18. Assignment
You may not assign or transfer these terms, or any right or obligation under them, without our prior written consent. We may assign them to an affiliate, or to a successor in connection with a reorganization, merger or transfer of the firm's business, without your consent.
19. Severability and waiver
If any provision of these terms is held invalid or unenforceable, that provision is limited or removed to the smallest extent necessary and the remaining provisions continue in full force. If we do not enforce a right on one occasion, that is not a waiver of the right on any other occasion.
20. Survival
Sections 4 (no offer of securities), 5 (no investment, legal or tax advice), 6 (risks of private investment), 7 (third-party names and marks), 9 (intellectual property), 10 (disclaimer of warranties), 11 (limitation of liability), 12 (indemnification), 16 (governing law and jurisdiction), 19 (severability and waiver), 20 (survival) and 21 (entire agreement) survive any termination of your access to this site.
21. Entire agreement
These terms, together with the Privacy Policy, are the whole agreement between you and ONYX regarding this website, and they replace any earlier understanding on that subject. They do not vary, limit or replace the terms of any signed engagement letter, mandate or subscription document, which govern the matters they cover.
22. How to contact us
Questions about these terms, or about anything published on this site, are welcome by email at info@onyxcapital.partners, or through the contact page. Please mark the subject line "Terms of Service" so your message reaches the right person. Our offices are in New York and London.