General Terms of Acceptance
Please read the Terms carefully which may be subject to change without notice.
The Terms which follow relate only to this website and its associated documents (this website and its associated documents are hereinafter referred to as the “Website”).
The information contained in the Website relates to investment funds which are not recognised collective investment schemes for the purposes of the Financial Services and Markets Act 2000 of the United Kingdom (the “Act”). The promotion of these funds to and access to the Website by persons in the United Kingdom is therefore restricted by law.
This Website is issued inside and outside the United Kingdom by Caliburn Capital Partners LLP, (hereinafter “CCP”), which is authorised and regulated by the Financial Services Authority of the United Kingdom (the “FSA”). The Website is directed only at persons who fall within the definitions of “professional client” or “eligible counterparty” as set out in the FSA’s Handbook of Rules and Guidance (the “FSA Rules”).
By accessing the Website beyond this point you confirm your status as en eligible counterparty or professional client as defined in the FSA Rules and you warrant as such.
This Website is exempt from the scheme promotion restriction (in Section 238 of the Act) on the communication of invitations or inducements to participate in unrecognised collective investment schemes on the basis that it is being issued to and/or directed at only the types of person referred to above.
This Website provides general information and is not a source of investment advice. Before taking any action, you should obtain independent financial advice regarding your financial situation.
CCP neither provides investment advice to, nor receives and transmits orders from, investors in the investment funds referred to, nor does it carry on any other activities with or for such investors that constitute “MiFID or equivalent third country business” for the purposes of the FSA Rules.
This Website is published solely for informational purposes and does not constitute or form part of any offer or invitation to sell, or the solicitation of an offer to subscribe for or purchase any investment and is provided for information purposes only. Neither this Website, nor the fact of its distribution form the basis of, nor may be relied on in connection with, any contract to subscribe for or purchase any investment. This Website does not constitute an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not authorised or to anyone to whom it is unlawful to make such a solicitation. Recipients should inform themselves of and observe all applicable laws and regulations including, without limitation, any taxation or exchange control legislation in the countries of their citizenship, residence, domicile or such other status as may be relevant in connection with any subscription of shares. CCP disclaims all responsibility in the event that you download any information from the Website in breach of any law or regulation of the country in which you reside.
Any decision to purchase securities or interests with respect to any of the investment funds described herein must be based solely on the information contained in the Offering Memorandum for the relevant fund which must be received and reviewed prior to any investment decision.
There are significant risks associated with investments in the investment funds referred to in the Website and should you decide to invest in any fund described or referred to in the Website, your capital will be at risk and you may therefore lose some or all of any amount that you elect to invest. Past performance is not necessarily a guide to future performance.
No Warranty
The material on the Website is provided ‘as is’, without any warranties of any kind. To the maximum extent permitted by law, access to the Website is therefore provided on the basis that CCP excludes all representations, warranties, conditions and other terms (including those implied by law) which, but for this notice might have effect in relation to the Website. In particular and without limitation, while CCP believes that the information it provides is materially correct and accurate as at the date of publication, no representation or warranty of its accuracy or completeness is given and no liability in respect of errors or omissions is accepted by CCP or any partner or employee of CCP.
In no event will CCP be liable for any damages including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Website or use thereof or the inability by any person to use such Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CCP (or representatives thereof) are advised of the possibility of such damages, losses or expenses.
Password Usage and User Conduct
Access to certain sections of this Website is provided by a unique user name and password. Only authorised CCP personnel may provide passwords. Unauthorised transfer and/or use of user names and passwords are strictly prohibited. CCP reserves the right to withdraw access to the Website and take appropriate legal action in the event such unauthorised use comes to our attention. You are solely responsible for maintaining the confidentiality and security of your user name and password. You may not disclose your password to any third party and you accept full responsibility for any use of your password. You must notify CCP immediately of any actual or suspected loss, theft or unauthorised use of your password.
When using the Website and accessing the information contained therein, you must comply with all applicable local, national and international laws and regulations. In particular, when accessing or making use of any part of this Website, you may not post or transmit any unlawful, abusive, libellous, defamatory, obscene, profane or otherwise objectionable information of any kind, including anything constituting or encouraging conduct that would violate any national or international law or post or transmit any information or software which contains a virus, worm, or other harmful component.
Content of Website and Liability
All materials on the Website are intended to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The Website is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by CCP, its affiliates and/or third parties.
You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not modify, link into, use for any public or commercial purpose, publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms or otherwise with the express written consent of CCP.
You may print copies of any accessible portion of the Website only for your firm or company’s use. You may discuss information that you learn from the Website with other employees of your firm or company.
Privacy and Data Protection
As a consequence of your use of the Website, Caliburn may obtain personal information about you and may use that information to send you information about the funds under Caliburn’s management. For further information, please see the privacy policy which can be found here.
Service
CCP is not liable for any technological problems and any impact that they may have. All or any portion of the Website may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines which are beyond CCP’s control and access may be temporarily suspended without notice.
We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Website is secure but we do not guarantee the security of the Website. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Website. We are not liable for any defects, delays or errors in or resulting from your use of the Website.
Indemnification
You agree to indemnify, defend and hold harmless CCP and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: your breach of these Terms or any representation, warranty or covenant made by you in these Terms, your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.
Termination and Suspension of Access to Website
CCP reserves the right to deny you access to the Website and thereafter to suspend or terminate that access to the Website in our sole discretion at any time and for whatever reason. CCP may further disable your password at any time for whatever reason including, without limitation, by reason of any use of the Website in breach of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law. In the event of any dispute arising in connection with these Terms, you irrevocably submit to the exclusive jurisdiction of the English courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
Once you accept these Terms, you are expected to check them from time to time so as to take notice of any changes as may be made since these will be binding on you. Each time that you use the Website, it is a condition of such use that you comply with such Terms as are in force from time to time.
You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms.