Terms and Conditions


General Terms

1. Definitions. This "Agreement" means the agreement made between Albourne Partners Limited (“the Company”) and you as a User of the Website, constituting the TCU. "Albourne" 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) relating to the functionality or content of the Website. A "Service Provider" is a person whose goods or services appear on the Website with the approval of the Company; “TCU” means these terms and conditions of use and any other terms and conditions set forth on this Website. “User” means a person who has agreed or is deemed to have agreed to the TCU and has registered the required information for use of this Website. “Website” means this website found at http://village.albourne.com containing the virtual community of the Albourne Village; and “Your Data” means personally identifiable information about you.

2. Intellectual Property.
(A) The Website includes the text, content, photographs, video, audio, graphics and goods of Albourne and any relevant Service Provider and is protected by 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.

(B) You acknowledge that the Website has been developed, compiled and arranged by or on behalf of the Company, and represents significant expenditure of time, effort, and money and comprises valuable Intellectual Property Rights.

(C) You agree not to infringe or violate the Intellectual Property Rights or other proprietary rights of Albourne, or any Service Provider and to comply with all reasonable written requests made by Albourne or any Service Provider to protect their contractual, statutory and common law rights in the Website.

(D) You agree to notify the Company in writing promptly upon becoming aware of any unauthorised access or use of the Website by any person or of any claim that the Website infringes upon any Intellectual Property Rights by email to abuse@village.albourne.com.

(E) 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 and you shall not use the Intellectual Property Rights or the Website or the names of any contributor to the Website or any variations or derivatives thereof for any purpose, without the Company’s prior written consent.

3. Restrictions on 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 your own personal and/or internal use and benefit, and not for resale or external distribution, whether profit-making or otherwise. If you intend to use the Website in any other way, then please contact the Company at mayor@village.albourne.com to discuss your business requirements.

(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 the Company or any of its Service Providers.

(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 found on the Website or any part of the Website, except that you may download material from the Website and/or make one print copy for your own personal and/or personal professional use, 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 or to distribute any database containing all or part of the Website.

(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 spam or send unsolicited mailings to any person or entity using the Website and 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 shall (i) not upload or send any message that is unlawful, libellous, slanderous, offensive, obscene, hateful, pornographic, violent, threatening, abusive, misleading, deceptive, anti-religious or racially, ethnically or otherwise objectionable; (ii) not upload or send any commercial, promotional or solicitation information except to the extent permitted by the Company because you are a Service Provider; and (iii) remain friendly and civil and treat all other Users with respect and sincerity.

4. Licence.
(A) You acquire absolutely 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. Should you choose to download content from the Website, you must do so in accordance with the TCU. Such download is licensed to you by the Company ONLY for your own personal and/or personal professional use in accordance with the TCU and does not transfer any other rights to you.

(B) If you submit material to the Website, you grant the Company, its affiliates, and representatives a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display such content throughout the world in any form, media or technology now known or hereafter developed. You also permit any other User to access, store, or reproduce such material for that User's personal and/or personal professional use. You grant the Company and its affiliates, representatives and sub-licensees the right to use any name that you submit in connection with such content. You hereby waive all rights in such content including the right to be identified as the author of that content.

5. Contributions by Website Users. (A) You represent and warrant: (i) that you own or otherwise control all of the rights to the material that you submit or that you have authority from such owner/controller to submit such material; (ii) that the material you submit is truthful and accurate; (iii) that you have verified that the materials you supply to the Website are free from viruses, trojan horses, worms, spyware and the like; and (iv) that use of the material you supply does not violate these TCU and will not cause injury to any person or entity.

(B) You indemnify Albourne and other Users, affiliates, suppliers, Service Providers, agents, officers, employees, representatives, successors, assigns and affected third parties from and against all claims, damages, settlements, expenses and legal fees resulting from the material you supply.

(C) The Company does not endorse any contributor or express any views regarding the contributions to the Website and takes no responsibility and assumes no liability of any kind for any material submitted by Users or any third party posted on or associated with this Website.

(D) You expressly understand and agree that this Website is merely a means by which various Users may come together to express their views, ideas and opinions. The Company may remove or prohibit any contributions that are, in its sole discretion, unlawful, libellous, slanderous, offensive, obscene, hateful, pornographic, violent, threatening, abusive, misleading, deceptive, anti-religious, racially, ethnically or generally objectionable or contrary to these TCU without notice and with no right to recourse by you, other Users or any third party in respect of such removal or prohibition.

(E) Any participation in discussion forums on the Website must be in accordance with any rules set out therein.

6. Fees and Payments. 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.

7. Castle. Access to the Company’s web-based extranet known as the Castle (“the Castle”) requires payment of an annual fee to the Company. Access to the Castle is governed by a separate agreement (“Service Agreement”) between the User and Albourne, as well as by separate terms (the “Castle TCU”). Whilst a User which is governed by such a Service Agreement is in the Castle, the terms of the Castle TCU and/or any applicable Service Agreement will apply to that User.

8. Moatspace. Access to the Company’s web-based fund extranet known as Moatspace (“Moatspace”) is governed by separate terms (the “Moatspace TCU”). Whilst a User is in Moatspace, the terms of the Moatspace TCU will apply to that User.

9. Job Centre. Access to the Village job centre (the “Job Centre”) is governed by separate terms (the “Job Centre TCU”). Whilst a User is in the Job Centre, the terms of the Job Centre TCU will apply.

10. Registration and Account.
(A) As part of the registration process you will select a username and a password and provide the Company with certain information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorisation; or (iii) use a username or password that the Company, in its sole discretion, deems offensive or inappropriate or rejects for any other reason.

(B) The Company reserves the right to deny creation of your account based on the Company’s inability to verify the authenticity of your registration information.

(C) You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify the Company at abuse@village.albourne.com by submitting feedback of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You are fully responsible for all usage and activity on your account.

(D) The Company reserves the right to suspend or terminate your account, in its sole discretion, at any time without notice.

(E) Notwithstanding anything else herein, the Company reserves the right to pursue any and all claims against you and any user of your account.

11. Data Protection.
(A) The Company takes the privacy of its Users seriously. The Company is committed to safeguarding the privacy of its Users while providing a valuable service. The Company collects Your Data through the use of registration forms; and the provision of your details to the Company.

(i) The elements of Your Data that the Company collects may include: name; job title; company name; company address, phone and fax number; home address and phone number; mobile telephone number; e-mail address; and market research data such as readership patterns.

(ii) The Company may also collect information automatically about your visit to its sites by the use of cookies, which are small data files placed on your computer’s hard drive and enable the Company, for example, to identify you the next time you visit the site. If the Company does so, it will obtain your consent in advance. You may also refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website.

(iii) The Company uses Your Data for purposes which may include: providing Users with a personalised service; processing orders, registrations and enquiries; conducting market research surveys; running competitions; and providing you with information about products and services it offers (providing you agree to receive such information). If you wish to receive information, please indicate your preferences using the consent boxes (found on the "my preferences" page) when providing the Company with Your Data.

(iv) The Company also uses information in aggregate anonymised form (so that no individual user is identified): to build up marketing profiles; to aid strategic development; and to audit usage of the site.

(v) Your data may be transfered outside of the EEA to the company's subsidiary and branch companies globally. The company will ensure that data so transfered are protected by security measures which are appropriate to the risks represented by the processing and the nature of the data.

(B) If you have any requests concerning Your Data or any queries with regard to these practices, please contact the Company’s Data Protection Officer by e-mail at: dataprotection@albourne.com.

(C) The Website contains links to third party sites which are not subject to this privacy policy. The Company recommends that you read the privacy policy of any such sites that you visit. Personal information is collected by the Company on behalf of the Company. The Company is registered with the UK's Information Commissioner as a Data Controller in accordance with the Data Protection Act 1998 of the United Kingdom.

(D) You confirm that your identity as a User and any information submitted or uploaded by you that is reasonably intended for inclusion on the Website may be posted on the Website.

(E) You acknowledge that, to enable the Company to improve and/or market the Website, the Company may produce statistics or analyses relating to the use of the Website and you confirm that it may contact you by email, telephone or post for feedback on the service and any improvements that may be made. If you do not wish to be contacted, you may amend your preferences at any time, by going to the ‘my preferences’ page.

12. 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 and its Service Providers 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) The Company does not warrant that the Website is compatible with your equipment or that the Website or those of its Service Providers, 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 is not liable for any damage you may suffer as a result of such destructive features.

(C)You agree that the Company, and its affiliates, suppliers, Service Providers, agents, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any losses or damages, whether caused by the negligence of the Company, or its affiliates, suppliers, Service Providers, agents, officers, employees, representatives, successors, and assigns or otherwise arising in connection with the Website and, to the extent permissible by all applicable laws, shall not be liable for any losses or damages (whether direct or indirect) including lost profits, business, income, contracts, anticipated savings, data, goodwill or wasted time, any other losses, punitive, incidental or consequential damages or any claim against the Company by any other party that is a result of your breach of any of the terms of this Agreement; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other websites, services, goods, or advertisements that may be linked to the Website is not maintained or controlled by the Company. The Company is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Website.

(D) The Company does not: (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Website; or (iii) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the 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) You understand that the Company and/or Service Providers and/or other third-party contributors to the Website may choose at any time to inhibit or prohibit their content from being accessed.

(G) Nothing in the TCU operates to exclude liability for death or personal injury arising from the Company’s negligence nor any other liability which cannot be excluded or limited under applicable law.

13. 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 of any offer 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 in each case potential investors are advised not to proceed unless they have taken independent advice from an advisor 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 Company does not guarantee the accuracy, completeness, or timeliness of any information contained on the Website.

(E) You shall not post information onto the Website which constitutes a solicitation, offer, opinion or recommendation to buy, sell or promote participation in any hedge fund or other financial investment, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any fund, security or investment. Any such information posted on this Website by any User shall not be deemed to be approved by the Company in its capacity as an authorised person registered with the Financial Services Authority and the Company accepts no liability for such postings.

(F) The views and opinions expressed on the Website are those of the Users and not of the Company and the Company does not accept any liability for them nor does the Company endorse any products or services supplied by any User of the Website unless expressly stated therein it being acknowledged that the Company and the Website are, in this regard, mere conduits for third party information.

(G) 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. Accordingly, notwithstanding anything to the contrary in the TCU the Company, and its affiliates, suppliers, agents, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Website including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Website; or (c) loss or damage arising there from or occasioned thereby, or by any reason of non-performance.

(H) Under no circumstances, and to the extent permissible by all applicable laws, shall the Company, and its affiliates, suppliers, service providers, agents, officers, employees, representatives, successors, and assigns be liable to you or any User or other persons having access to the Website or its Services, for any losses or damages (whether direct or indirect) including lost profits, business, income, contracts, anticipated savings, data, goodwill or wasted time, or any other direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if the Company has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Website or any links or items on the Website or any provision of the TCU, such as, but not limited to, loss of revenue or anticipated profits or lost business. In no event shall the Company's total liability to you for any and all 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.

(I) Certain areas of the Website may require Users to warrant that they have the requisite status before allowing access.

14. Indemnification. You agree to indemnify, defend and hold harmless the Company, the Users, Service Providers and any other third party contributors to the Website and their respective affiliates, suppliers, agents, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's and expert's fees, arising out of or in connection with your use of, or access to, the Website, or any links on the Website, including, but not limited to: (i) your use of or someone using your computer or your account for access to the Website; (ii) a violation of the TCU by you or anyone using your computer (or account, where applicable); (iii) a claim that any use of the Website, or any materials posted on the Website, by you or someone using your computer (or account, where applicable), infringes any intellectual property right of any third party or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorised use of, the Website by you or someone using your computer (or account, where applicable); (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defence. You acknowledge and agree to pay the reasonable legal fees of the Company incurred in connection with any and all claims brought against you by the Company under the TCU and any other terms and conditions of use on the Website, including without limitation, claims arising from your failure to indemnify the Company pursuant to the TCU.

15 Termination. (A) You may, without prejudice to any accrued rights, with or without cause and at any time, discontinue your use of the Website;

(B) You agree that the Company may, without notice, suspend your access to the Website, with or without cause at any time and effective immediately. Your access rights to the Website will terminate immediately without notice from the Company if you, in the Company’s sole discretion, fail to comply with any provision of the TCU; and

(C) The Company shall not be liable to you or any third party for the termination or suspension of the Website, or any claims related to the termination or suspension of the Website. Upon termination of access to the Website by you or the Company, you must discontinue your use of the Website, destroy promptly all materials obtained from the Website and any copies thereof and procure the removal of all your postings on the Website.

16. 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.

17. Miscellaneous. (A) The Company has the right to 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 Company may notify you, but accepts no obligation to do so, of any material changes to the Website or the TCU by e-mail to the e-mail address that you specify upon registration.

(F) The section titles in the TCU are used solely for convenience and have no legal or contractual significance.

(G) 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.

(H) The TCU constitute the entire agreement between you and the Company and govern your use of the Website.

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 authorised and regulated by the Financial Services Authority (registered number 175725).