Disclaimer
Sourcecap International Limited Terms of Use
This Website (“Website”) is owned and operated by Sourcecap International Limited (“Sourcecap”) whose registered office is at Block D, The Old Truman Brewery, 91 Brick Lane, London, E1 6QL. Sourcecap is registered in England and Wales (No. 06630546), and is authorised and regulated by the Financial Services Authority (“FSA”) under the Financial Services and Markets Act 2000 to conduct regulated investment activities in the United Kingdom. Sourcecap is also an Investment Advisor registered with the United States Securities and Exchange Commission. The information on this Website details Sourcecap's activities as an investment manager and the current range of funds which Sourcecap manages (the “Funds”).
The terms “Sourcecap” “we”, “us”, “our” and “ours” when used in these Terms of Use mean Sourcecap International Limited which includes subsidiaries, divisions, branches or companies under common ownership or control of Sourcecap. The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this Website or any recipient of an e-mail from us or sent on our behalf (“E-mail”).
The term “Materials” when used in these Terms of Use mean the design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters contained in this Website or any E-mail.
AGREEMENT
Access to and use of this Website and any E-mail and the information and materials available through this Website and any E-mail are subject to all applicable laws and regulations and to these Terms of Use.
BY ACCESSING THIS WEBSITE AND/OR ANY E-MAIL, YOU AGREE TO THESE TERMS OF USE WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE PLEASE EXIT THIS WEBSITE AND UNSUBSCRIBE FROM RECEIVING FURTHER E-MAILS BY FOLLOWING THE INSTRUCTIONS AT THE END OF THESE TERMS OF USE.
DISCLAIMER
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website and view any E-mail. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail or in hard copy upon request. Your continued use of this Website constitutes acceptance of the revised Terms of Use.
The contents of this Website and any E-mail are provided for information purposes only and this Website does not allow visitors to make investments in any of the Funds. The Material should not be construed as a solicitation, offer, invitation, inducement or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Nothing contained in any part of this Website or any E-mail constitutes investment, legal, tax or other advice nor is to be relied upon in making an investment or other decision. You should obtain specific professional advice before making any investment decision. Prospective investors in any Fund can only rely on the information contained in the prospectus of the relevant Fund.
This Website and any E-mail may include information about Funds which have not been authorised, registered, recognised or approved by the FSA and as such may only be promoted to certain categories of investors ('Unregulated Funds').
Restrictions on visitors receiving information on Unregulated Funds
The law and regulations of the United Kingdom prohibit Sourcecap promoting Unregulated Funds to persons located in EU member states other than to certain institutional investors, including the following types of person (each such person being a 'Qualified Investor'):
(a) A person authorised by the FSA to conduct regulated investment activities in the United Kingdom and a person in another member state of the EU similarly authorised by a regulatory body equivalent to the FSA;
(b) A government, local authority, central bank, state investment body, or a supranational organisation constituted by countries, central banks or national monetary authorities;
(c) A body corporate whose shares are listed or admitted to trading on any European Economic Area exchange or exchange of the International Organisation of Securities Commissions;
(d) An Unregulated Fund;
(e) Any body corporate which satisfies either of the following size requirements: (i) that it is a company which has more than 20 members (or is the subsidiary of a parent undertaking which has more than 20 members), and it has a called up share capital or net assets of not less than £500,000; or (ii) any company which has a called up share capital or net assets of not less than £5 million;
(f) Any unincorporated association or partnership which has net assets of not less than £5 million;
(g) A trustee of a trust which has assets (before deducting the amount of its liabilities) of £10 million or more or has had assets (before deducting the amount of its liabilities) of £10 million or more at any time during the past year;
(h) Any other person whose ordinary activities involve him in investing in Unregulated Funds for the purposes of a business carried on by it, him or her.
All information on this Website and in any E-mail relating to Unregulated Funds is only intended to be reviewed by persons who are (i) a Qualified Investor or (ii) an employee, officer or director of a Qualified Investor reviewing this information in that capacity and not in a personal capacity or (iii) whom Sourcecap have allowed to access this Website and/or sent any E-mail who are in receipt of a password ('Permitted Visitors'). Access to those parts of this Website and/or any E-mail containing information on Unregulated Funds is limited only to Qualified Investors and Permitted Visitors. In accessing these areas you will be representing to Sourcecap that you are a Qualified Investor or Permitted Visitor. Please note that Sourcecap will be acting in reliance upon your representation.
This Website and any E-mail do not facilitate Permitted Visitors to make investments in any of the Funds. As a matter of general policy Sourcecap will not conduct regulated investment activities with any person as a result of their receiving information from this Website and/or any E-mail without obtaining further information to verify that that person is a Qualified Investor.
Those parts of this Website and any E-mail containing information on Unregulated Funds are not directed at any person who is located in any jurisdiction where it is prohibited to direct such information. Any person in a jurisdiction in respect of which such prohibitions apply must not access these parts of this Website or any Email. If you are a person located in any jurisdiction where there are restrictions on the type of person who may access information relating to Unregulated Funds then, by accepting these Terms of Use, you will be representing to Sourcecap that you are not causing Sourcecap to breach any of those restrictions by your accessing of those parts of this Website or any Email. Sourcecap will rely on your representations.
Investment performance information
This Website and any E-mail contain information about the past performance of the Funds. The value of an investment in a Fund may go up as well down so that an investor's investment in a Fund, when redeemed, may be more or less than the original investment amount. By its nature, investment in a Fund is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of a Fund. The information and opinions contained in this Website and any E-mail are provided solely for informational purposes only and are subject to change without notice.
Nothing in these Terms of Use will affect any duty, obligation or liability owed by Sourcecap under the regulatory system (as defined in the rules and guidance of the FSA) which cannot be excluded or modified by agreement or notice.
We have tried to ensure that all pages on our Website are displayed properly in a wide variety of web browsers. Older web browsers, however, may not be able to display all the features that we have added to this Website and we recommend that users of these older browsers ask their systems support personnel to upgrade their web browser.
LIMITED LICENCE AND OWNERSHIP
This Website, any E-mail and the Materials are protected under applicable copyrights, trademarks and other proprietary and/or intellectual property rights and are the property of Sourcecap. The copying, redistribution, use or publication by you of any such Materials or any part of this Website or any E-mail, except as allowed by the limited licence set out below, is strictly prohibited. You do not acquire ownership rights to any Materials viewed through this Website or any E-mail.
Sourcecap grants you permission only to the extent necessary to lawfully access and use this Website, any Email and the Materials to download, archive and print in hard copy portions of this Website and any E-mail solely for information purposes and provided that:
(i) you do not modify the Materials;
(ii) you retain and display any and all copyright and other proprietary notices in the same form and manner as on the original Materials; and
(iii) you display a statement that the Materials are used solely with permission of Sourcecap.
The inclusion of any Materials on the Website or in any E-mail does not constitute a waiver of any rights in such Materials. No part of any Materials may be used, copied, reproduced, displayed, republished, downloaded, modified, distributed, posted, transmitted, sold or leased, and no derivative works of any Materials may be created, without our express prior written permission or as provided in these Terms of Use.
Please note that you are not authorised to distribute, copy or display any Materials, any E-mail, this web page, any other pages within this Website or any section thereof for commercial gain or otherwise, and you may only use such information for your own internal purposes. You are forbidden from collecting information from this Website and/or any E-mail and incorporating it into your own database or products. If you undertake any of these prohibited activities we put you on notice that you are breaching our intellectual property rights in the Materials, the Website and/or the E-mail and we reserve the right to take action against you to uphold our rights, which may involve pursuing injunctive proceedings.
The Sourcecap logo, all product names, all page headers, all custom graphics, all button icons, all trade marks, service marks and logos appearing on this Website and/or any E-mail, unless otherwise noted are service marks, trade marks and/or trade dress of Sourcecap. You agree not to display or use such marks in any manner without our prior written permission. All other trade marks, product names, company logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website and/or any E-mail are the property of their respective owners. You agree not to display or use trade marks, product names, company logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of such marks or other trade marks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
HYPERLINK DISCLAIMER
This Website and/or any E-mail may contain links and/or advertisements to other sites maintained by Sourcecap in addition to links to websites maintained by unrelated companies and persons (“third party websites”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.
Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any third party websites which you may access through this Website and/or any E-mail, the content thereof, or the products and/or services made available through such third party websites. If you decide to access third party websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such third party websites will apply to you while on such third party websites
LINKS FROM THIRD PARTY WEBSITES
Any link to this Website without the written permission of Sourcecap is prohibited. Notwithstanding authorisation to link to this Website, linking to any page other than the home page is prohibited. Persons providing access to this Website via link from a third party website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the third party website and for any representations made or impressions created concerning Sourcecap.
Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.
Anyone providing access to, or information relating to, this Website whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use this Website and/or any E-mail and/or the Materials for any purpose that is unlawful or prohibited by these Terms of Use, or other conditions and notices notified to you from time to time. You may not use this Website and/or the Materials in any manner that could damage, disable, overburden, or impair this Website or the Materials (or the network(s) connected to this Website) or interfere with any other party’s use of this Website and the Materials. You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. Any E-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. They may contain sensitive information, and may not be disclosed to anyone else. If you have received an E-mail in error please notify us immediately at info@sourcecap-intl.com and delete all copies from your computer system. The unauthorised use, disclosure, copying or alteration of any E-mail is strictly forbidden. Sourcecap will not be liable for direct, special, indirect or consequential damages arising from alteration of the contents of this message by a third party or as a result of any virus being passed on.
You may not attempt to gain unauthorised access to this Website and/or the Materials, computer systems or networks connected to this Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
From time to time, we may restrict access to some parts of this Website, or our entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
EXCLUSION OF LIABILITY
THIS WEBSITE AND ANY E-MAIL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SOURCECAP, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, SOURCECAP, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM:
(A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS WEBSITE OR ANY PART OF IT;
(C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF ANY E-MAIL AND/OR THIS WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION;
(D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE OR WEBSITES TO WHICH THIS WEBSITE IS LINKED OR ANY E-MAIL.
IT IS YOUR RESPONSIBILITY TO EVALUATE (OR TAKE PROFESSIONAL ADVICE ON) THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, STATEMENTS, OPINIONS AND OTHER MATERIAL IN ANY E-MAIL OR ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION. YOUR STATUTORY RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED HEREBY.
WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE LIABILITY FOR DAMAGES, LOSSES AND EXPENSES OF ANY KIND ARISING IN ANY MANNER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED OR ANY E-MAIL, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT OR OTHERWISE AND, WHETHER OR NOT WE HAVE BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR YOUR RECEIPT OF ANY E-MAIL, OR DOWNLOADING OF ANY MATERIAL CONTAINED IN SUCH E-MAIL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SOURCECAP, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PRIVACY
Sourcecap is committed to your privacy and will only release any personal data collected from you when you use this Website, with your consent.
By agreeing to these Terms of Use, you acknowledge you have read and understood our Privacy Policy and that you agree with it. You can view our Privacy Policy by clicking on the following link: http://www.sourcecap-intl.com/privacy-policy.aspx
With the exception of personal data, all communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Statement.
We reserve the right to monitor and/or record your communication with us by mail, voice, email or any other form of transmission for the purposes of quality control, security and other business needs. Any personal data contained in such recorded information will be processed in accordance with the terms of our Privacy Statement.
Notwithstanding the foregoing, all personal data provided to us as a result of this Website or any Email will be handled in accordance with our Privacy Statement.
COOKIES AND TRACKING TECHNOLOGY
Sourcecap may track and process information and data in relation to your use of this Website using "cookies". We do not disseminate this information to anyone but Sourcecap's officers, employees and contractors.
This Website has the ability to track the history of downloaded and accessed materials as follows:
• The Website captures: IP address of the user and pages visited.
• This detail is only available to administrators of the Website and is useful in improving Sourcecap's understanding of, and highlighting, those areas of the Website which are most frequently accessed or used.
You can permanently disable cookies on your computer by following the instructions below. However, once you have disabled cookies, we will not be able to recognise your computer when you log in and so you may not be able to take full advantage of all content on this Website.
Disabling/Enabling Cookies - You can set your browser to notify you when you receive a cookie so that you may accept or decline the cookie. The IAB web site at www.allaboutcookies.org tells you how to remove cookies from your browser. This advice currently comprises the following steps (however please check the IAB Website for the latest guidance):
If you are using Microsoft Windows Explorer
• Open ‘Windows Explorer’
• Click on the ‘Search’ button on the tool bar
• Type ‘cookie’ into the search box for ‘Folders and Files’
• Select ‘My computer’ in the ’Look In’ box
• Click ‘Search Now’
• Double click on the folders that are found
• ‘Select’ any cookie file
• Use the ‘Delete’ button on your keyboard
If you are not using Microsoft Windows Explorer, then you should select ‘cookies’ in the ‘Help’ function for information on where to find your cookie folder.
SECURITY
Sourcecap will share information as required by law, court order or as requested by other government or law enforcement authorities.
Sourcecap will take all reasonable precautions to preserve the privacy and confidential information of users as set out in this policy. Sourcecap cannot however guarantee the security of your information absolutely and you acknowledge that Sourcecap may be subject to breaches of security through no fault of its own.
MINORS
This Website and any E-mail have been produced for business and commercial use only. As such, they are not intended for use by children or minors.
NO WAIVER
The failure of Sourcecap, its affiliates or its suppliers to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of these Terms of Use is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
CONSEQUENCES OF BREACH
Your breach of these Terms of Use will result in you no longer being able to use all or any part of this Website or receive any E-mail.
You agree to indemnify, defend and hold harmless Sourcecap, its members, employees, agents and representatives against all claims, liability, loss, expense or demand, including legal fees, related to your breach of these Terms of Use or your access or use of this Website and/or any E-mail and/or any of the information or Materials.
MODIFICATION AND DISCONTINUATION
Sourcecap reserves the right at any time and from time to time to modify, edit, delete, suspend or discontinue temporarily or permanently this Website (or any potion thereof) and/or the information or Materials available through this Website (or any part thereof) and/or suspend or terminate delivery of any E-mail without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deleting, suspension or discontinuance of this Website or any E-mail.
ENTIRE AGREEMENT
These Terms of Use represent the entire understanding between you and us with respect to this Website and any E-mail and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
APPLICABLE LAW
This Website and any E-mail are not directed at any person in any jurisdiction where for any reason the publication or availability of this Website or E-mail are prohibited. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website or E-mail. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom.
These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating.
CONTACTING US / UNSUBSCRIBING FROM EMAILS
If you have any queries about this Website or the services provided on it or if you no longer wish to receive information from us and want to be removed from our standard E-mail list you can "unsubscribe" by emailing us at info@sourcecap-intl.com or writing to us at Block D, The Old Truman Brewery, 91 Brick Lane, London E1 6QL. Please allow twenty eight days for the unsubscribe process to be completed.
Please remember that stopping the information that you receive from us about our products and services may not benefit you. For example, you will not receive any E-mail containing information about our investment management services and Funds.
If you do not want to receive unsolicited mail from any source, you can stop this by registering with the "Mailing Preference Service". There are also telephone, fax and email preference services. For more information on the preference services, please visit the Direct Marketing Association's website.