LGV Website
Terms and Conditions of Use
These terms were last updated January 2008
(i) Please read these terms and conditions carefully before proceeding to use this Website. This Website is intended solely for the use of persons residing in the United Kingdom. If you choose to access this site from outside the United Kingdom, LGV accepts no liability for compliance with local legislation or Regulations and the User, and the User agrees to accept responsibility for the Users compliance with local laws. In particular, the promotion and sale of collective investment schemes may be restricted in the Users jurisdiction. Users in respect of whom such prohibitions apply must not access the relevant pages on the LGV Website. For the avoidance of doubt, the contents of this Website are not directed at any person that is resident in the United States ("US person"), and no offer or invitation is made to any US person to open an account, receive advice or effect a transaction in securities. The provision of any information in this Website does not constitute an offer to US persons to purchase securities.
(ii) This Website is offered to you, the "User", on condition of your acceptance without modification, of the terms, conditions and notices contained in this Agreement. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
(iii) The site or these terms may be varied at any time. The User should ensure that these terms and conditions are read on each occasion that the Website is accessed as we may update this Website from time to time without notice and by the continued use of the this Website the User shall be deemed to have signified agreement with such revised terms.
(iv) The services provided by LGV where either displayed on the Website or otherwise, are only available to eligible persons following direct communication, discussion and negotiation and the agreement of LGV, and accordingly are not available via this Website.
1. Definitions and Interpretation
1.1 In this Agreement the following words and expressions shall, except where the content otherwise requires, have the following respective meanings:-
1.1.1 "Confidential Information" means all information which relates to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of the disclosing party or information which may be reasonably regarded as the confidential information of the disclosing party and will include, without limitation, information relating to any dispute or disagreement between the parties provided that both parties shall be entitled to forward such Confidential Information to their professional advisers or parties to whom they have delegated administrative functions and that such professional advisers or delegated administration shall have the same obligation of confidentiality;
1.1.2 "Data Protection Legislation" means the Data Protection Acts of 1984 and 1998 as amended from time to time;
1.1.3 "Intellectual Property Rights" means all patents, service marks, registered designs, utility models, applications for the rights to apply for any of the foregoing, unregistered design marks, trade or business names, design rights, database rights, trademarks and names, brands, trading styles, copyrights of all descriptions, database rights, any rights in any invention, discovery or process, confidential information or know-how, applications for any of the foregoing and all revivals, extensions and renewals of the same, and rights of whatever name called affording equivalent or similar protection (both in the UK or elsewhere throughout the World) and any other intellectual property rights recognised by the laws of any applicable jurisdiction owned by LGV;
1.1.4 "LGV" means LGV Capital Limited, of One Coleman Street, London, EC2R 5AA;
1.1.5 "User" means any person accessing the LGV Website;
1.1.6 "Website" means the LGV web site maintained at www.lgvcapital.com (or such URL as LGV may specify from time to time) operated or developed by LGV for the purposes of displaying, using and processing of information over the Internet.
1.2 A reference to one gender shall denote all genders and a reference to the singular shall include the plural and vice versa.
1.3 References to a "person" shall be construed so as to include any individual firm, company, government, state or agency of the state, or any joint venture, unincorporated association or partnership (whether or not having a separate legal personality).
1.4 References to statutory provisions shall be constructed as references to those provisions as amended, consolidated, extended or re-enacted from time to time and any regulations made under it.
1.5 The headings are for ease of reference only and shall not affect the construction or the interpretation of this Agreement.
1.6 If you provide us with an e-mail address that will result in any e-mails that LGV sends to you being received by you via a computer network owned or operated by or on behalf of your employer or any other company organisation or institution then you warrant that you are entitled to receive e-mails at that address. LGV may refrain from sending any e-mails to such address without notice in the event that it receives a request from the computer network owner or operator to cease sending any further e-mails to you.
1.7 By accessing the Website the User consents, for the purposes of the Data Protection Act 1998, to the User's personal data being used in the manner described in these terms and conditions. The User acknowledges that the server on which the LGV Website is maintained is located in England and the information delivered via the site is deemed to have been delivered in England and will be processed in accordance with applicable legislation in the jurisdiction.
2 License
2.1 LGV hereby grants to the User, subject to the terms and conditions set out in this Agreement, a non-exclusive, non-assignable royalty free license to access and use the Website and Intellectual Property Rights limited to the extent necessary to use the facilities provided in this Website.
3 Links
3.1 Links to third party websites on the Website are provided solely for the User's convenience. If the User uses these links, the User leaves the Website. LGV has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. LGV therefore does not endorse or make any representation about them, or any material found there, or any results that may be obtained from using them. If the User decides to access any of the third party websites linked to this Website, the User does so entirely at its own risk.In no event shall LGV be responsible for any loss or damage of whatever kind arising out of access to or use of or reliance on any information contained on or accessed through the Website.
3.2 Any User that wishes to establish links to this Website should contact LGV in order to give formal notification of their intention prior to doing so, and to obtain permission. LGV may require that the User enter into a portal License agreement before linking to the Website. The LGV reserves the right to deny permission for any such links to the Website or to withdraw any existing permission at its sole discretion on reasonable notice.
3.3 Any User that links to this Website agrees as follows :
3.3.1 not in any manner to imply that LGV is endorsing the User or the User Investment strategies or policies;
3.3.2 not to post or transmit material that is libellous, defamatory, obscene, fraudulent, misleading, harmful, that violates the property rights of others (including without limitation infringing use of copyright or trademark), that violates the privacy of others, or that is in violation of any applicable laws;
3.3.3 not to use any of LGV's trade marks, copyright, domain names or other Intellectual Property Rights on the User's Website without LGV's written permission;
3.3.4 not to infringe any third parties intellectual property rights.
4 LGV’s obligations
4.1 LGV will use reasonable efforts to ensure that all of the information provided on the Website is accurate and complete.
4.2 LGV will use reasonable efforts to ensure that the use and appearance of the information and content of the Website complies with all applicable statutes regulations or orders.
4.3 The information provided to LGV by the User will only be used in accordance with these terms and conditions and the Data Protection Legislation.
5 Intellectual Property Rights
5.1 The entire content of this LGV Website is subject to copyright and all Intellectual Property Rights, in all the material displayed on the LGV website is either owned by LGV or licensed to LGV by the owners.
5.2 The User recognises and acknowledges the property of LGV in its Intellectual Property Rights and shall not knowingly do or permit or suffer to be done any act matter or thing to the prejudice of the property, title and interest in those Intellectual Property Rights.
5.3 The User acknowledges that all goodwill acquired by use of LGV's Intellectual Property Rights shall accrue to the benefit of LGV.
5.4 The User agrees to notify LGV promptly of all violations regarding the use of LGV's Intellectual Property Rights that comes to its attention and to give reasonable assistance in preventing any infringement of the same.
5.5 You may download or print out a hard copy of individual pages and/or sections of the LGV Website, provided that you do not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the LGV Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the LGV Website without the prior written permission of LGV.
5.6 Any rights not expressly granted in this Agreement are reserved.
5.7 The licence granted under this Agreement shall terminate with this Agreement, howsoever such termination shall occur.
6 Warranties
6.1 The User represents and warrants that:
6.1.1 it has full power and authority to accept these terms;
6.1.2 the User will take such steps as are necessary to ensure that no viruses are introduced to the LGV Website.
6.2 The User will accept liability for any breach of warranty given in 6.1.2 for all direct liability, loss, damages, costs, legal costs and expenses of whatsoever nature incurred or suffered by LGV for any claims, disputes or actions brought by a third party arising out of or in connection with this Agreement.
6.3 The User undertakes to obtain and maintain in force all memberships, licenses, approvals or qualifications required by statute, regulation, or by an authority or regulatory organisation for the performance by it of the obligations conducted in accordance with this Agreement.
7 Disclaimers and Limitations
7.1 LGV intends that the information contained in this Website shall be accurate and reliable, however because of the number of possible sources of information available through this Website and the inherent uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. In addition, changes and improvements to any part of the Website or to the information provided herein may be made by LGV at its discretion at any time.
7.2 LGV makes no warranty or representation that the information or opinions contained in the LGV Website are accurate, reliable or complete or that the opinions contained in the LGV Website are those of LGV, but are provided by LGV for personal use and informational purposes only and are subject to change without notice.
7.3 LGV reserves the right to suspend or terminate the provision of the Website or the User's access and use of the Website at any time. It may exercise this right without notice.
7.4 This Website and the information, software, products and services associated with it are provided "as is", "with all faults", and on an "as available basis" and LGV disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
7.5 The information on the Website is not intended to be investment, legal, tax or other advice. LGV is not responsible for the availability or content of sites provided by independent third parties and will not be a party to or in any way liable for any transactions effected for goods or services available from such sites. The LGV Website is for informational purposes only and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction. In no event shall LGV be responsible for any loss or damage of whatever kind arising out of access to our use of or reliance on any information posted on the Website or any hyper link to any website or any information contained on or accessed through the Website.
7.6 Use of this Website is at your own risk. LGV are not liable in respect of any obligations under this Agreement for loss of use, profit, goodwill, or for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website, or from your downloading any material from the Website or any website linked to the Website (including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property) or otherwise arising out of the use of this Website, whether resulting in whole or in part from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if LGV had been advised of the possibility of damages.
7.7 Nothing in this Agreement, excludes or restricts any liability for death and personal injury caused by the negligence of such party or any of its employees nor for fraudulent misrepresentation, nor for any matter in respect of which the exclusion of liability is prohibited by law (including duties owed under the Financial Services and Markets Act 2000 or any underlying rules and regulations).
8 Complaints
8.1 In the event that the User has a complaint about LGV the complaint should be addressed to LGV at the address given in the definitions section above for the attention of the Managing Director, LGV Capital Limited.
9 Confidentiality
9.1
Each party agrees and undertakes that during the term of this Agreement and
thereafter it will not use for its own purposes nor shall it without the prior written consent of the other party disclose to any third
party any information of a confidential nature (including but not limited to trade secrets, financial information and/or other material
and information of a commercial value) which may become known to such party from the other, unless such information is public knowledge
or subsequently becomes public knowledge other than by breach of this Agreement or is already in its possession other than as a result
of a breach of this clause, or is disclosed by a third party with right of disposal of such information or is required to be disclosed
by law or the valid order of a court of competent jurisdiction or the request of any competent governmental or regulatory authority,
provided that prior to such disclosure (if possible) the receiving party shall advise the disclosing party of the proposed form of the
disclosure with a view to avoiding such disclosure if legally possible.
9.2 To the extent necessary to implement the provisions of this Agreement each party
may disclose such confidential information to such of its employees or professional advisers or Associated subsidiary or Group Companies
as may be reasonably necessary provided that before any such disclosure each party shall make such employees or advisers aware of its
obligations of confidentiality under this Agreement and shall at all times procure or require compliance by such employees or advisers.
9.3 The provisions of this clause shall survive termination.
10 Contact
10.1 The User may contact LGV for further information about its products and at the address specified in the definitions section above or via the contact e-mail address or telephone number provided on the website.
11 Governing Law
11.1 The Agreement shall be interpreted by and construed in accordance with the Laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
12 Third Party Rights
12.1 Any third party who is not a party to this Agreement has no right under the Contract (Rights of a Third Party) Act 1999 to enforce any terms of this Agreement but this does not affect any right or remedy of a third party which exists or which is available apart from the Act.
13 No Agency or Partnership
13.1 It is hereby acknowledged and agreed by the parties that nothing in this Agreement will be constituted as giving rise to any relationship of agency or partnership between LGV and the User, and that in fulfilling its obligations hereunder, each party will be acting entirely on its own account.
14 Entire Agreement
14.1 This Agreement constitutes the entire Agreement between the parties. Each party acknowledges that in entering into this Agreement it does not do so on the basis of or in reliance upon any representations, or promises undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as may be expressly provided in this Agreement (and common law are (save as to fraud) hereby excluded to the fullest extent permitted by law). No change, alteration or modification to this Agreement shall be valid unless in writing and signed by both parties.
15 Declaration
15.1 The User hereby declares that it has read and understood and accepts and agrees to all of the above terms.
15.2 Nothing contained on the LGV Website constitutes investment, legal, tax or other advice nor is it to
be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any
investment decision.
