Disclaimer
The information below explains the legal terms and conditions (these "Terms") in relation to the Elgin Capital LLP (" Elgin") website (the "Site").
Please read these Terms carefully. By accessing or using the Site, you hereby accept and agree to comply with these Terms. These Terms form a binding agreement between you and Elgin Capital LLP, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site. This page is designed to filter out unauthorized users from accessing or using the Site.
These Terms may be amended without notice to you. Your continued use of the Site following any changes will mean that you accept such changes.
Your right to use the Site is subject to your agreement to abide by these Terms, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.
The information within the Site is issued by Elgin Capital LLP to financial institutions who have been or are capable of categorisation as intermediate customers or market counterparties under the Financial Services and Markets Act, 2000 ("FSMA"). The Site is not intended for U.S. persons.
You must keep all Content and your password confidential.
You are solely responsible for maintaining the confidentiality and security of all Content and your password. You may not disclose any Content or your password to any third party, except that you may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
You accept full responsibility for any use of your password. You must notify Elgin Capital LLP immediately of any actual or suspected loss, theft or unauthorized use of your password.
We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
Regulatory Disclosures
Elgin Capital LLP is regulated by the Financial Services Authority in the United Kingdom. Most if not all of the protections provided by the United Kingdom regulatory structure will not apply to investments in the fund detailed within the Site. The Content is unsuitable for Private Customer investors and should not be considered as a promotion to any such investor.
Content of Website and Liability
The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Elgin Capital LLP, 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 Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
By proceeding you agree, so far as this is permitted under the provisions of the UK regulatory system, to the exclusion by us of any liability, including without limitation that arising from any loss of profit or any other damage direct or consequential, in respect of any errors and/or omissions by us and/or any relevant third parties in respect of the Content. Any opinions or estimates included herein constitute a judgment as of the date of publication and are subject to change without notice. No reliance may be placed for any purpose on the information and opinions contained in the Site or their accuracy or completeness and no representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained on the Site.
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.
ELGIN CAPITAL LLP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
You agree to indemnify, defend and hold harmless Elgin Capital LLP 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 use of the Site, 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.
Investment Risk
There are significant risks associated with investments outlined in the Site. Investment is intended for sophisticated investors who can accept the risks associated with such an investment including a substantial or complete loss of their investment.
The value of investments and any income derived from them can go down as well as up and the value of an investor's investment may be subject to sudden and substantial falls. The loss on realisation may be very high and could result in a substantial or complete loss of its investment.
Most if not all of the protections provided by the United Kingdom regulatory structure will not apply to investments outlined in the Site. Investors should be fully aware of the restrictions on transfer of investments outlined in the Site.
The foregoing list of risk factors is not complete and reference should be made to the relevant Offering Memorandum.
Solicitation
Nothing on the Site is an offer or solicitation to buy or sell any security. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Persons resident in territories other than the UK should consult their professional financial advisers as to whether they require any governmental or other consents or need to observe any formalities to enable them to invest in any product described in the Site.
Advice
No information contained within the Site should be construed as investment advice. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
Taxation
Taxation will depend on individual financial circumstances and the country of residence.
Elgin Capital LLP is not liable for any technological problems and any impact that they may have.
All or any portion of the Site 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 Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
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 Site is secure but we do not guarantee the security of the Site.
We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays or errors in or resulting from your use of the Site.
Elgin Capital LLP is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site.
If you access any third party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
Unregulated Schemes
The Fund described on the site is an unregulated collective investment scheme. Its promotion or offering in the United Kingdom is restricted to institutions or individuals falling within Annex 5, COB Chapter 3 of the FSA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001.
When viewing any area of the site related to this unregulated fund, you confirm that you are authorised to carry out investment business under FSMA or are a person falling within the eligible categories of permitted investors (Annex 5, COB Chapter 3 of the FSA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001)).
By proceeding you confirm: that you are not subject to any jurisdictional restrictions prohibiting access to information on unregulated collective investment schemes and that you fall within one of the permissible categories under Annex 5, COB Chapter 3 of the FSA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001.
Privacy Policy
This Privacy Policy sets forth the policies of Elgin Capital LLP with respect to non-public personal information you provide to us. These policies apply to individuals only and may be changed at any time, provided a notice of such change has been given to you.
You may provide us with personal information, such as your name, address, telephone number, social security number, assets and/or income information (i) in subscription agreements and related documents, (ii) in correspondence and conversations with Elgin Capital LLP representatives; and (iii) otherwise. Under the UK Data Protection Act 1998 (the “Act”), we are required to take measures to protect personal information that we receive from you. This personal information will be placed on our database and, in accordance with the Act, may be kept, used and shared with our associated companies in other countries (including those outside the EEA) in servicing our relationship with you, including for the verification of identity. We will also release information about you if you direct us to do so, if compelled to do so by law or in connection with any government or self-regulatory organisation request or investigation.
Agreement to these Terms
Your use of the Site indicates your full acceptance of these Terms in its then-current form each time you use the Site. If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire understanding, and supersedes all other understandings, between you and Elgin Capital LLP concerning the subject matter hereof.