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.
“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.
4. Intellectual Property
5. Restrictions on Use
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.
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 onthe 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. Governing Law
The TCU shall be governed by and construed in accordance with the laws of England. 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.