Share
Please assign a menu to the primary menu location

Terms of Use

Last updated February 15, 2020

 

The information below explains the legal and regulatory restrictions in relation to the FundFront website (the “Website”) provided by FundFront Ltd., (“FundFront” Company“, “we“, “us“, and “our“). If you accept the conditions below and wish to enter the website this page constitutes a binding legal agreement.

Please read the terms (“Terms of Use”) carefully which may be subject to change without notice. Your continued use of the website following any changes will mean that you accept such changes. If you do not agree to the Terms below, or you are resident in a jurisdiction where access to the site and information contained therein is not permissible, please exit the website. FundFront cannot be responsible for any misrepresentations you may make in gaining unauthorised access to the site.

Investments described on this website should be regarded as high risk investment which are only suitable for investment by relevant persons who can afford to lose their entire investment. Before entering into any transaction relating to a fund or investment mentioned on this website, an investor should take steps to ensure that all the risks are fully and completely understood and whether the investment suits the objectives and circumstances, including the possible risks and benefits of entering into such a transaction. An investor should also seek independent advice on the nature and risks associated therein.

Past performance is not indicative of future results. The value of your investment may go down as well as up, and you may not receive upon redemption the full amount of your original investment. Participation in the Fund(s) should only be made by persons with experience of participating in private equity investments and understands that private equity investments are highly illiquid and are willing to hold their investments over a long-term period.

This website is strictly confidential and may not be copied or distributed by the recipient. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained in this document which is issued for information purposes only and is not intended as a solicitation to invest. No reliance may be placed for any purpose on the information and opinions contained in this document, nor do they constitute investment advice. Any investment must be made solely on the basis of the confidential information memorandum issued for the purpose.

This website is not for distribution in any jurisdiction where such distribution would be unlawful. The recipient of this document warrants that they are able to receive this information without breaching or causing FundFront to breach any applicable regulation.

By accessing this website you agree to be bound by the NDA, Cookies Policy and Privacy Policy.

 

Regulatory Disclosures

The information on this website is issued by FundFront Ltd., which provides investment brokerage services to investment professionals, high net worth investors and certain sophisticated investors (in each case as defined in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005).

Wherever relevant, references to FundFront in this disclaimer shall be construed as including references to each company in the FundFront group.

 

No Reliance

This website is directed only at persons who are Eligible Counterparties or Professional Clients or who otherwise fall into one of the categories of person listed in Chapter 4.12.1 of the FCA’s Conduct of Business Rules. The information contained on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject to any requirement to be registered or authorised within such jurisdiction or country. By accessing this website, you will be deemed to have represented that you are a person who can lawfully access the Site and without subjecting FundFront to any requirement.

 

Liability Waiver

You agree that under no circumstances, including, but not limited to, negligence, shall FundFront be liable for any special or consequential damages that result from the access or use of, or the inability to access or use, the materials on this website. This does not exclude or restrict any duty or liability that FundFront has under any regulatory system.

 

No Warranty

The information and opinions contained in this website are provided without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Neither FundFront or any of their respective associates assumes any responsibility for the uninterrupted availability of this website or warrants that it will be error-free, that defects will be corrected, or that this website or the servers that make it available will be free of viruses or other harmful components.

Opinions and any other contents expressed on this website are provided for your personal use and informational purposes only and are subject to change without notice. Nothing contained on this website constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. All information contained on this site belongs to FundFront who grants no rights to such content other than such rights as may be required by you to view this site using a computer and you agree not otherwise to copy or create derivative works based on such materials.

 

  1. General Undertakings

By accessing to the Website, you accept these Terms of Use  and you agree to abide by them. You also hereby certify that you are a Professional Investor, Professional Client or an Eligible Counterparty as these terms are defined in the applicable legislation of the jurisdictions pointed out above and pursuant to the definitions contained in the governing documents presented on The Website. These Terms of Use of the Website set out the terms and conditions upon which you may make use of it and applies to the entire portal. If you do not agree to these Terms of Use, please refrain from using our portal. The Website incorporates the Cookies and Private Policy, and all other rules, policies and procedures that may be published from time to time on our site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you.

 

  1. Changes to the the Website without Notice

The Terms of Use of the Website may be revised from time to time and up-dated and any new or amended terms will take effect when they are posted. You are expected to check this page from time to time and to take notice of any changes made, as by using our site you acknowledge that you have accepted any such amendments. You must NOT use The Website (or permit or procure others to use it) as follows: (A) for any unlawful, improper or illegal purpose or activity; (B) to violate our or any third party’s copyright, trademark, proprietary or other intellectual property rights; (C) to damage our name or reputation or that of FundFront or any third parties; (D) to impersonate any of our employees or other person or use a false name while using our site or implying an association with us; (E) to penetrate our security measures or other entities’ systems (“hacking”); (F) to generate excessive amounts of internet traffic, to interfere with our network or other’s use of our site or to engage in activities designed to or having the effect of degrading or denying service to users of our site or others; (G) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into our site or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from our site is free from such items; and/or (H) to transmit confidential or proprietary information, except solely at your own risk.

 

  1. Marketing restrictions

In line with the general and specific disclaimers above, the use and distribution of information on the Website may be restricted by law in certain countries. The Website and the information on it is not addressed to any person resident in the territory or country or jurisdiction where such use or distribution would be contrary to local law or regulation.

 

  1. Compliance with law and regulation

When using the Website, you agree you will comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to view and/or download the information contained on he Website in certain countries and we and our affiliates disclaim all responsibility if you access or download any information from our site in breach of any law or regulation of the country in which you are a citizen or in which you are resident or domiciled.

 

  1. Accuracy of information

FundFront has taken reasonable care to ensure that the information on the Website is accurate, current, complete, fit for its intended purpose and compliant with applicable law and regulation as at the date of issue. Notwithstanding that, FundFront provides no warranty or makes any representation regarding the accuracy, validity or completeness of the information on the Website and no liability is accepted by such persons for the accuracy or completeness of such information. You must conduct your own due diligence and investigations rather than relying on any information on the Website. Any person who acts upon, or changes his or her investment position in reliance on, the information contained on our site does so entirely at his or her own risk.

 

  1. Access

FundFront reserves the right to deny you access to the Website, or immediately to suspend or terminate your access to it, or to disable any user name or password (whether chosen by you or allocated by us) at any time (in our sole discretion).

 

  1. Liability for use of the Website

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service and/or information we provide on the Website without notice. FundFront does not accept any liability if for any reason the Website is unavailable at any time or for any period. The information and opinions contained in the Website have been compiled, or arrived at, by FundFront from both public and confidential third-party sources believed by FundFront to be reliable as at the date of publication. However, the information and any opinions contained on the Website are subject to change, are for background purposes only and are not to be relied upon as investment advice or interpreted as a recommendation. FundFront as well as other third parties connected to FundFront do not accept any responsibility for any reliance which is placed by any visitor to the Website, or by anyone who may be informed of any of its contents, on any information or opinions which are expressed herein and, to the extent permitted by law, expressly exclude all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity. Certain information on the Website may contain forward- looking statements, which reflect our views with respect to, among other things, securities, markets, market trends, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. FundFront undertakes no obligation to update publicly or revise any information on the portal, whether as a result of new information, future developments or otherwise. Opinions and any other contents at the The Website are subject to change without notice.

 

  1. No Investment Recommendation, Offer or Advice

The Website is provided for informational purposes only and is not intended to constitute an invitation, solicitation or offer to subscribe for or purchase any investments, products or services (including, for the avoidance of doubt, any units or shares in any fund), nor shall it, or the fact of its issuance, form the basis of, or be relied on in connection with, any contract. FundFront makes no representations that transactions, products or services discussed on the Website are available or appropriate for sale or use in all jurisdictions where users of the the Website are domiciled or located, or by all investors. FundFront is not utilising the Website to provide investment or other advice and no information or material at the Website is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no opinion, information, content or other materials contained on the The Website should be construed or relied upon as independent research, investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance. FundFront does not advise on the applicable tax treatment, consequences, or impact of any investment. Any decision to purchase securities or interests, including with respect to any of the FundFront products, must only be made having thoroughly read the relevant termsheet or offering document for the relevant product, including any supplements thereto, which must be received and reviewed prior to any investment decision, and which may contain information which is different from the information and opinions contained on the Website. Any person buying an investment, product or service refered on the Website must be able to bear the risks involved and must meet the suitability requirements relating to such investment, product or service. Some or all alternative investment programs may not be suitable for certain investors. Therefore FundFront and other third parties connected to FundFront expressly exclude any liability  and responsibility arising from any reliance placed on such materials and information by any visitor to the Website, or by anyone who may be informed of any of its contents, for (i) the accuracy, validity, timeliness, merchantability or completeness of, any information or data (whether prepared by us or by any third party) for any particular purpose or use or that the information or data will be free from error and (ii) any direct, indirect or consequential loss or damage of any kind incurred by any visitor to our site, or by anyone who may be informed of any of its contents, in connection with our site or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of our site or any websites linked to it or materials posted on it. This does not affect FundFront liability for any loss or damage which cannot be excluded or limited under applicable law. The internet is not    a completely reliable transmission medium and neither FundFront nor any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliates. Any such transmission of information is entirely at your own risk.

 

  1. Linked websites

Should you leave the Website via a link contained herein and view content that is not provided by FundFront, you do so at your own risk. Links provided in the Website are only as a convenience and without liability. In particular, and without limitation, you understand and agree that the ability to link to another website and the fact that a link exists does not mean that FundFront endorses or guarantees such site, the site sponsor or the site contents. The content which you access via such links will not have been developed, checked for accuracy, or otherwise reviewed by FundFront. FundFront makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including

without limitation, the accuracy, subject matter, quality, sequence or timeliness of any electronic content. Your reliance on any information contained on any site reached through a link shall be your own responsibility. When you leave the Website, unless otherwise indicated, you will be subject to the terms of use and privacy policies of the new website which you are visiting.

 

  1. Indemnity

You agree to indemnify, defend, and hold harmless FundFront, its officers, partners, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your breach of the Terms of Use of the Website and/or access to or use the Website.

 

  1. Intellectual property rights

FundFront is the owner or the licensee of all intellectual property   rights in the Website, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You shall only download and reproduce the materials on the Website in hard copy exclusively for your own reference. Such materials shall not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without FundFront prior written consent. Nothing on the Website should be construed as granting any license or right in relation to any of our trademarks or those of our affiliates or any third party.

 

  1. Severability

If any specific term or condition of these Terms of Use of the Website is determined by a court of competent jurisdiction to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms of Use of the Website. Headings used herein are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained in these Terms of Use of the Website. When used herein the words ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.

 

  1. Governing Law

These Terms of Use of the Website and any non-contractual  obligations arising from or connected with them shall be governed by and shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of our site (whether arising out of or in connection with contractual or non contractual obligations) (‘proceedings’) and it is a condition of using our site that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

 

  1. Entire agreement

These Terms of Use of the Website (incorporating our Cookies Policy and Privacy Policy), and our Disclaimer shall form the entire agreement between you and us in relation to your use of the Website.

 

If you have questions or comments, you can contact us, or by post to:

 

FundFront Ltd

12 Hay Hill, Mayfair

London W1J 8NR

United Kingdom