Terms & Conditions

Terms of Use
By continuing to access, link to, or use this Website, you will be deemed to accept these terms and conditions of use and any other terms and conditions set forth on this Website.
General Terms

1. Definitions
“Company” means Albourne Partners Limited. “Albourne” and/or “we” or “us” means the Company and its wholly-owned subsidiaries from time to time or any one or more of them. “Intellectual Property Rights” means all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and all other proprietary rights of any type under the laws of any jurisdiction (including without limitation rights in and to all applications and registrations). “Investor” means the relevant investor represented by the User. “TCU” means these terms and conditions of use and any other terms and conditions set forth on the Website. “User” and/or “you”” means a person who is authorised to represent an Investor and who has agreed or is deemed to have agreed to the TCU on his/her own behalf or and on behalf of the Investor he/she represents, and who has supplied the required information for use of this Website. “Website” means the Company’s website found at http://www.albourne.com.

2. Electronic Communications
When you visit the Website or send emails to Albourne, you are communicating with us electronically. If you do so, you are giving your consent to receive electronic communications from us. We may communicate with you by email or by posting notices on the Website and you confirm that all such electronic communications and notices satisfy any legal requirement for written notice to be given.
3. Cookies
We may use cookies in the Website, but we will only use transient (session) cookies which are strictly necessary to operate the Website and/or enable us to identify the User and provide a personalized service to the User during each session. Transient cookies are stored in temporary memory and are erased when you close the web browser. They do not collect information from your computer. By using the Website, you agree that we can place these types of cookies on your device.
4. Intellectual Property
1. You acknowledge that the Website has been developed, compiled and arranged by or on behalf of the Company and represents a significant expenditure of time, effort, and money by the Company and that the text, content, photographs, video, audio and graphics that appear on the Website comprise valuable Intellectual Property Rights. You agree to abide by all applicable laws in respect of Intellectual Property Rights as well as any additional notices or restrictions contained in the Website.
2. You agree not to infringe or violate the Intellectual Property Rights or other proprietary rights of the Company, and to comply with all written requests made by the Company to protect its Intellectual Property rights in the Website.
3. The Intellectual Property Rights to the Website shall at all times be and remain the sole and exclusive property of the Company. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of it over any present or future technology) are reserved to the Company. Except as specifically permitted by the TCU, you may not copy or make any use of the Website or any portion thereof or data included therein for any purpose, without the Company’s prior written consent.
5. Restrictions and conditions of Use
(a) You may not use the Website for any illegal purpose or in any manner inconsistent with the TCU.
(b) You agree to use the Website solely for the professional use and benefit of the relevant Investor, and not for resale or external distribution, whether for profit or otherwise.
(c) You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of Albourne.
(d) You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to a server, create derivative works from, transmit or in any way exploit any information on the Website, except that you may download material from the Website and/or make print copies solely for your own professional use and that of the Investor, provided that any such downloaded or printed materials retain all copyright and other proprietary notices.
(e) You may not offer any part of the Website for sale or distribute it over any other medium, including but not limited to television, radio or internet broadcast, a computer network or hyperlink framing on the internet, without the prior written consent of the Company.
(f) The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party.
(g) You may not use the Website in any way to improve the quality of any data sold or contributed by you to any third party.
(h) You will not use the Website or the information contained therein, including any Intellectual Property Rights found therein, in unsolicited mailings or spam material.
(i) You represent and warrant that you are duly authorised by the Investor you represent to accept these TCU on their behalf.
6. Licence
You acquire no rights or licences in or to the Website and materials contained within the Website other than the limited right of access to the Website in accordance with the TCU. Any downloads made from the Website, must be in accordance with the TCU and are licensed to you by the Company only for your own use.
7. Fees
Access to the Website is free but the Company reserves the right at any time to charge fees for access to all or part of the Website.
8. Other Company Websites
The Company operates other websites in addition to the Website, each of which is governed by separate terms and conditions. Whilst a User is accessing content on one of the Company’s other websites, the specific terms and conditions of that website shall apply to the exclusion of all others.
9. Third party websites
The Website contains links to third party websites which are not subject to these TCU. The Company does not make any endorsement, express or implied, of any such linked websites, services, goods, or advertisements and furthermore does not guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Website.
10. Disclaimer and Limitation of Liability
(A) Whilst the Company endeavours to make the Website a useful and efficient resource for its Users, you agree that your use of the Website is at your sole risk and acknowledge that the Website and content, services or goods are provided "as is" and "as available," and that the Company makes no warranty of any kind, express or implied, as to the Website, including, but not limited to, satisfactory quality, non-infringement, title or fitness for a particular purpose or use.
(B) Any information on the Website is given subject to these TCU. All information provided and data on which opinions expressed are based are believed to be correct as of the relevant date, but no warranty is given as to accuracy or completeness nor is any legal obligation created on the part of Albourne. The opinions expressed by any employees of Albourne are their own and do not necessarily reflect those of Albourne.
(C) The Company does not warrant that the Website is compatible with your equipment or that the Website, or any e-mail sent by the Company or its representatives, is free of errors or viruses, worms or trojan horses, or any other harmful, invasive, or corrupted files, and the Company is not liable for any damage you may suffer as a result of such destructive features.
(D) To the extent permitted by law, Albourne and its agents, officers, employees, representatives, successors, and assigns shall not be liable to any User for any losses or damages (whether direct or indirect), including lost profits, business, income, contracts, anticipated savings, data, goodwill or time, or any other direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if Albourne has been advised specifically of the possibility of such damages arising from or relating to: (i) content on the Website or the use of or inability to use the Website or any links or items on the Website; (ii) inaccuracies or errors or omissions on the Website including, but not limited to financial or investment data; or (iii) delays, errors, or interruptions in the transmission or delivery of the Website. In no event shall the Company's total liability to you for any damages, losses and causes of action (whether in contract or tort including negligence) exceed the annual amount paid by you, if any, for accessing this Website.
(E) The Company is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Website.
(F) Use of the Website does not imply any contractual relationship between the Company and the User. If the User or the relevant Investor wishes to subscribe for the Company’s services, they should make contact directly with the Company in the first instance.
(G) Nothing in the TCU shall operate to exclude any liability which cannot be excluded or limited under applicable law or under any applicable regulatory system.
11. Financial Services
(A) The Website is not intended as an invitation or inducement to engage in investment activity (as defined under section 21 of the Financial Services and Markets Act 2000). Material on the Website should in no circumstances be used or considered as an offer to sell or a solicitation to buy any security including any interest in any investment fund referred to on the Website. Nothing on the Website constitutes any form of tax, legal or other advice, and any such advice should be obtained from an appropriately qualified third party.
(B) The Website may include certain information obtained from fund managers, investment professionals and other sources from around the world. If in your country it would be unlawful for you to receive such information or any services referred to in the Website, such information and services are not for your use and you should not use or rely on them.
(C) Investments mentioned in the Website may not be suitable for all recipients and potential investors are advised not to proceed unless they have taken independent advice from an advisor that is authorised under the Financial Services and Markets Act 2000 or otherwise appropriately qualified. Such investments may not be quoted on any market and thus carry higher risks than investments in quoted securities and may be difficult to sell or realise. Proper information for determining their current value or the risks to which they may be exposed may not be available. The past performance of any investment, investment strategy or investment style referred to on this Website is not indicative of future performance.
(D) The information provided on the Website is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Investors outside of the United Kingdom should consult the securities regulation of their home jurisdiction.
(E) Certain areas of the Website may require Users to warrant that they have certain requisite status before allowing access.
12. Client Lists
Lists of Albourne clients found on the Website reflect a partial sampling of our client universe, in accordance with the requirement for an objective methodology for partial client lists. We chose clients that were the three largest in each category type listed, used what Albourne believes to be their AUM in hedge funds as the criterion, and omitted any clients who requested anonymity. It is not known whether the listed clients approve or disapprove of Albourne or the services provided by Albourne. Estimated AUM figures are calculated by aggregating the estimated investments in alternatives investments of all of the clients of the Albourne group worldwide.
13. Non-clients
Where you are not a client of any Albourne group company (for example, you are a prospective client or service provider), the following additional terms and conditions apply:
(a) you agree to treat all information provided to you on or through this Website (such information, the “Relevant Information”) as confidential and agree not to disclose any such information to any other person other than employees of your firm that need to know the information, provided that where you are required pursuant to law, regulation or order to disclose any Relevant Information, you agree to promptly notify us (prior to any such disclosure where permitted) and take any reasonable steps as we may be request to restrict or minimize such disclosure and shall use your best efforts to obtain reliable assurances that confidential treatment will be provided to any Relevant Information disclosed;
(b) you acknowledge and agree that the Relevant Information is being made available to illustrate the services Albourne provides and that the Relevant Information does not in any way constitute investment advice and that you will not use, consider or rely on the Relevant Information, or any part thereof, in making any investment decision;
(c) you will not, and will not attempt to, reverse engineer or re-create any dynamic beta product described in the Relevant Information or otherwise use the Relevant Information to develop in-house structures, products, strategies or methodologies that are competitive with or similar in functionality to any dynamic beta product described in the Relevant Information;
(d) you will not use any of the Relevant Information to front run the trading activities or for any other improper or illegal purpose;
(e) you will not use any of Albourne’s proprietary indices maintained from time to time including hedge fund indices (HedgeRS), private market fund indices (PriMERS), dynamic beta indices (DyBeRS) or any other Albourne proprietary indices or benchmarks (collectively, the “Albourne Indices”) or any dynamic beta product in a manner that constitutes a regulated “use” as a benchmark under Regulation (EU) 2016/1011, the United Kingdom Benchmarks Regulation and any other similar or equivalent laws or regulations (as re-enacted, updated or replaced) in any other jurisdiction, including use (a) as a reference to which the amount payable under a financial instrument or financial contract, or the value of a financial instrument, is determined; or (b) to measure the performance of an investment fund with the purpose of tracking the return of any of the Albourne Indices or any dynamic beta product or of defining the asset allocation of a portfolio or of computing the performance fees: provided always that, notwithstanding the foregoing, nothing herein shall prohibit you from using a dynamic beta product as a reference to which the amount payable under a financial instrument or financial contract, or the value of a financial instrument, is determined where the provider of the dynamic beta product or one of its affiliates is a counterparty to such financial instrument or financial contract;
(f) upon request, you agree to return to Albourne or destroy any Relevant Information provided to you by us, provided that you may retain one copy of the Relevant Information if required to do so by law or regulation, provided that you shall keep all such retained information confidential;
(g) in the event of a breach by you of this paragraph 13 or any additional confidentiality provisions in any Disclaimers (as defined below), you acknowledge that damages are likely to be an inadequate measure of loss and accordingly agree that we are entitled to seek specific performance of any confidentiality obligations you owe us by order, injunction, or otherwise on such terms as any court of competent jurisdiction may deem appropriate;
(h) you are: (A) an Accredited Investor under the Securities Act of 1933, as amended, and Rule 501 of Regulation D adopted thereunder and a Qualified Purchaser, as defined under Section 2(a)(51) of the Investment Company Act of 1940, as amended; or (B) an equivalent professional/institutional investor in any other jurisdiction; and
(i) you agree carefully protect any username and password provided to you and not to disclose it to any other person;

14. Governing Law
The TCU shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with the Website or the TCU.
15. Miscellaneous
(a) The Company has the right to terminate the Website, or change the content or technical specifications of any aspect of the Website at any time at its sole discretion. You accept that such changes may result in your being unable to access the Website.
(b) The Company reserves the right to change or add to the TCU at any time in its sole discretion. All such changes shall be effective immediately upon posting and your continued use constitutes your acceptance of the TCU as so modified.
(c) The failure of the Company to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.
(d) Save in respect of discontinued access or use and removal or destruction of materials, the provisions of the TCU shall survive any termination of the TCU as reasonably necessary to give effect to the provisions thereof.
(e) The section titles in the TCU are used solely for convenience and have no legal or contractual significance.
(f) If any provision of the TCU is found invalid or unenforceable, that provision will be severed to the extent permissible, and the other provisions of the TCU will remain in force.
(g) The TCU constitute the entire agreement between you and the Company and govern your use of the Website, provided that: (a) where any information on this Website contains a disclaimer or other similar wording (the “Disclaimers”), the provisions of the Disclaimers shall also apply and in the event of any conflict or inconsistency between the provisions of the Disclaimers and these TCU, the provisions of such the Disclaimers shall take priority and control; and (b) where you have signed a separate non-disclosure agreement with Albourne, the provisions of such non-disclosure agreement shall apply instead of the provisions of the above paragraphs 13(a) to (g) (inclusive).
Albourne Partners Limited is registered in England with company number 2905244 with its registered office at 16 Palace Street, London, SW1E 5JD. Albourne Partners Limited is VAT registered (VAT No.: GB 620 9252 60).
Albourne Partners Limited is authorised and regulated by the Financial Services Authority (Registered No.: 175725).