By continuing to access, link to, or use this Website, you will be deemed to accept these terms and conditions of use and any other terms and conditions set forth on this Website.
"Agreement" means the agreement between Albourne, the User and the Client, which comprises both the TCU and the Service Agreement.
"Albourne" and "we" or "us" means the Company and its wholly-owned subsidiaries and affiliated companies from time to time, or any one or more of them, (each an "Albourne Group Company").
"Castle" or "Website" means this website found at http://village.albourne.com/castle containing the virtual community of the Albourne Castle.
"Client" means the relevant Albourne client who has contracted for Albourne’s services by way of a Service Agreement, and who is represented by the User.
"Client Information" means any documents, materials, data or other information relating to Albourne’s services and provided by the Client to Albourne.
"Company" means Albourne Partners Limited.
"Information" means any information (or part thereof) in any format, provided by or found on the Website.
"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).
"Service Agreement" means the relevant agreement made between an Albourne Group Company and the Client for the provision of Albourne’s services.
"TCU" means these terms and conditions of use and any other terms and conditions set forth on this Website.
"User" and/or"you" means a person who is authorised to represent a Client and who has hereby agreed to the TCU and has registered the required information for use of this Website on such Client’s behalf.
"Your Data" means personally identifiable information about you.
2. Electronic Communications
When you visit the Website or send emails to Albourne, you are communicating with us electronically. If you do so, you are giving your consent to receive electronic communications from us. We may communicate with you by email or by posting notices on the Website and you confirm that all such electronic communications and notices satisfy any legal requirement for written notice to be given to you, including notice of any material changes to the Website or TCU.
4. Intellectual Property
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 by Albourne and that the content (including but not limited to text, photographs, video, audio, graphics and goods and services) of the Website comprises valuable 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; not to infringe or violate the Intellectual Property Rights or other proprietary rights of the Company; to comply with all reasonable written requests made by the Company to protect its contractual, statutory and common law rights in the Website; and to notify the Company in writing promptly upon becoming aware of any unauthorised access or use of the Website by any person by email to email@example.com.
The Intellectual Property Rights 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 Agreement, you may not copy or make any use of the Website or any portion thereof or data included therein or any variations or derivatives thereof for any purpose.
5. Restrictions on Use
You may not use the Website for any illegal purpose or in any manner inconsistent with the TCU.
You agree to use the Website solely on behalf of and for the benefit of the Client as part of an Albourne Group Company’s services to the Client, and not for resale or external distribution, whether for profit or otherwise.
You agree not to use, transfer, distribute or dispose of the Information in any manner not permitted by the Agreement.
You agree not to disclose any of the Information to any third party, other than as authorised under the terms of the Agreement.
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 part of the Website, except in accordance with the terms of the Agreement.
You may not re-circulate, redistribute or publish any of the Information without the Company’s prior written consent.
You may not offer any part of the Website for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of the Company.
The Website and the Information may not be used to construct a database of any kind, nor may the Website or the Information 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, other than with the prior written consent of an Albourne Group Company.
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.
As a User on behalf of the Client of Albourne, you will be able to access personal data about third parties, such as fund managers. You confirm and agree that you will observe your employer's data privacy, data security and document retention policies and requirements, including any set out and agreed by the Client in the Service Agreement, to protect such third party personal data from accidental, unlawful or unauthorised loss or disclosure.
You acquire absolutely no rights or licences in or to the Website or to any Information other than the limited right of access to the Website in accordance with the Agreement.
Should you choose to download content from the Website, you must do so in accordance with the Agreement. Such download is licensed to you by the relevant Albourne Group Company with which you have a Service Agreement only in accordance with the Agreement and does not transfer any other rights to you.
If you submit Client Information to the Website, you grant Albourne a licence to use, reproduce, publish, create derivative works from, distribute, copy and display such content throughout the world in any form, media or technology now known or hereafter developed, in accordance with the terms of the Service Agreement.
Access to the Website requires payment of an annual fee to the Company, as set out in the Service Agreement.
8. Registration and Account
As part of the registration process you will be required to select a username and a password and to provide the Company with certain information, all of which must be accurate, truthful, and up-to-date.
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.
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.
You shall be solely responsible for maintaining the confidentiality of your password.
You shall immediately notify the Company at firstname.lastname@example.org 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, including, but not limited to, use of the account by any third party authorised by you to use your username and password.
9. Video, audio and other media
Without limiting any other provisions of the TCU, the following provisions shall also apply to each video, audio or other media programme or file accessed through the Website (each a "Programme"):
The Programme may not be reproduced in whole or in part and no part of this material may be reproduced, distributed, transmitted or otherwise made available to a third party or incorporated into another document or other material or posted to any bulletin board without the prior written consent of an Albourne Group Company.
The Programme may contain information obtained from third parties which may not be independently verified by the Company or Albourne or otherwise.
The Company makes no representations or warranties, express or implied, as to the accuracy or completeness of the information in the Programme and nothing in the Programme creates any legal obligation on the part of Albourne or of the employer of any non-Albourne participant in the Programme ("Employer"). The opinions expressed by the non-Albourne participants in the Programme are their own and do not necessarily reflect those of their Employer or of Albourne, or of representatives or affiliates of either their Employer or of Albourne. The opinions expressed in the Programme are not intended to be, and should not be taken as, research, or as a recommendation or investment advice, or as an offer or recommendation to buy or sell any security, or as an opinion regarding the appropriateness of any investment or investment strategy, by Albourne or by any non-Albourne participants or their Employer.
Neither Albourne nor any Employer shall be liable (whether in negligence or otherwise) for any direct, indirect, consequential or other losses or damages, including any loss of profits that may arise from reliance on any information and/or opinions contained in the Programme. To the extent permitted by law, neither Albourne nor any Employer accept any liability in respect of any points of view so expressed.
To the extent that performance information or forecasts are discussed in the Programme, please note there can be no assurance or guarantee that such performance record will be achievable in future. Past performance is not necessarily indicative of, or a guarantee of, future returns.
10. Other Company Websites
The Company operates other websites in addition to the Website, each of which is governed by separate terms and conditions. Whilst the User is accessing content on one of the Company’s other websites, the specific terms and conditions of that website shall apply to the exclusion of all others.
11. Data Protection
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. For more detail on how the Company uses and processes Your Data, please see our Privacy Statement on https://www.albourne.com/albourne/privacystatement.
The Company collects Your Data through/from the registration forms completed by you, from your details provided to the Company, and from your employer (i.e. the Client).
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, company or personal e-mail address, and market research data such as readership patterns.
The Company uses Your Data for purposes which may include providing you with a personalised service, processing Client orders, registrations and enquiries, conducting market research surveys, running Client competitions, and providing you with information about products and services it offers (providing you agree to receive such information). If you wish to receive such information please indicate your preferences using the consent boxes provided on the registration pages.
The Company also uses information in aggregated anonymised form in order to build up marketing profiles, aid strategic development, and audit usage of the site.
Your data may be transferred outside of the EEA to Albourne Group Companies globally. You confirm that to enable the Company to improve and/or market the Website it may produce statistics or summaries relating to the use of the Website and, if you agree to be contacted, the Company may contact you by email, telephone or post for feedback on the Website and on any improvements that may be made. If you are happy to be contacted for this purpose please indicate your preferences using the consent boxes provided on the registration pages.
If you have any requests concerning Your Data or any queries with regard to these practices, please contact the Company by e-mail at: email@example.com.
12. Disclaimer and Limitation of Liability
Whilst the Company endeavours to make the Website a useful and efficient resource to Users, you agree that your use of the Website is at your sole risk and you acknowledge that the Website and Information are provided "as is" and "as available," and, other than as agreed in the Service Agreement, 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.
Any information on the Website is given subject to the Agreement. All information provided and data on which opinions expressed are based are believed to be correct as of the relevant date, but other than as agreed in the Service Agreement no warranty is given as to accuracy or completeness nor is any legal obligation created on the part of Albourne.
The Company does not warrant that the Website is compatible with your equipment or that the Website, or any e-mail sent by the Company or its representatives, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive or corrupted files, and the Company is not liable for any damage you may suffer as a result of such destructive features.
To the extent permitted by law and other than as agreed in the Service Agreement, Albourne, its agents, officers, employees, representatives, successors, and assigns shall have no responsibility or liability to any you or any User for any losses or damages, (whether direct or indirect) including lost profits, business, income, contracts, anticipated savings, data, goodwill or time, or any other direct, indirect, incidental, consequential, special, punitive or exemplary damages, even if Albourne has been advised specifically of the possibility of such damages arising from or relating to: (i) content on the Website or the use of or inability to use the Website or any links or items on the Website; (ii) inaccuracies or errors or omissions on the Website including, but not limited to financial or investment data; or (iii) delays, errors, or interruptions in the transmission or delivery of the Website.
In no event shall the Company's total liability to you for any damages, losses and causes of action (whether in contract or tort or otherwise and including negligence) exceed the annual amount paid by you, if any, for accessing this Website.
The Company is also not responsible for the reliability or continued availability of any of the telephone lines, wireless services, communications media and equipment you use to access the Website.
Nothing in the TCU shall operate to exclude any liability which cannot be excluded or limited under applicable law or under any applicable regulatory system.
13. Financial Services
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.
The Website may include certain information obtained from fund managers and investment professionals and other sources from around the world. The Information found in the Website and the investments referred to in the Website are not to be accessed by, used by or distributed to any person or entity resident in any jurisdiction or country where the use, distribution or provision of such services or investments would be contrary to local law or regulation. Investors outside of the United Kingdom or United States should consult the securities regulations of their home jurisdiction.
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 in another relevant jurisdiction. 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.
Though the Information contained in the Website is based on data which Albourne believes to be substantially true, accurate, complete and comprehensive and to give a fair portrayal of the matters concerned, Albourne does not guarantee the content, sequence, accuracy, completeness, or timeliness of the Information contained in the Website.
You may, without prejudice to any accrued rights, terminate the TCU, with or without cause and at any time, by discontinuing your use of the Website. Terminating the TCU in this way shall not affect the status of the User and/or Client’s contractual relationship with Albourne as governed by the Service Agreement.
The Company may, without notice, terminate the TCU or 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 or breach any provision of the Agreement;
Other than as set out in the Service Agreement, 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.
15. Conflicts of Interest
While Company policy prohibits its staff from making any new investments in alternative investment funds and requires any new employee to dispose of any pre-existing such investments, any director, officer, consultant or employee of the Company may own or have positions in any investments mentioned on the Website or related thereto and may, from time to time, add to or dispose of any such investment(s); such positions may be contrary or opposite to the views expressed on the Website or held by the Company.
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.
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 further accept that such changes may result in your being unable to access the Website.
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.
The provisions of the TCU shall survive any termination of the TCU as is reasonably necessary to give effect to the provisions thereof.
The section titles in the TCU are used solely for convenience and have no legal or contractual significance.
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.
In case of conflict between any provision of the TCU and any clause of the Service Agreement, the Service Agreement shall prevail.
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 Conduct Authority (registered number 175725). You can gain access to the Financial Conduct Authority’s rules and guidance notes from the following link: www.fca.org.uk