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 these terms and conditions of use and any other terms and conditions set forth on this Website, comprising the agreement between Albourne and the User.
"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").
"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 Provider" means a person or entity whose goods or services appear on the Website with the approval of the Company.
"User" and/or"you" means a person who has hereby agreed to the Agreement and has registered the required information for use of this Website.
"User Material" means material, information and data (or part thereof) in any format, uploaded by the User to the Website.
"Village" or "Website" means this website found at http://village.albourne.com.
"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 this Agreement.
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 or any Service Provider; to comply with all reasonable written requests made by the Company or any Service Provider to protect their 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 and/or any relevant Service Provider. 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.
You acknowledge that the Website may contain content provided by a User or a Service Provider which is protected by Intellectual Property Rights and you agree: not to infringe or violate the Intellectual Property Rights or other proprietary rights of any other User or any Service Provider; and to comply with all reasonable written requests made by the User or Service Provider to protect their contractual, statutory and common law rights in the Website.
5. Restrictions on Use
You may not use the Website for any illegal purpose or in any manner inconsistent with this Agreement.
You agree to use the Website solely for your own personal professional use and benefit, 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, including in any manner that could compete with the business of Albourne or any of its Service Providers.
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.
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 in unsolicited mailings or spam material.
You shall (i) not upload or send any message that is unlawful, libelous, 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.
You shall not post anything on the Website which constitutes a solicitation, offer opinion or recommendation to buy, sell, or promote participation in any financial investment or investment fund, or provide legal, tax, accounting or investment advice or services regarding he profitability or suitability of any fund, security or investment.
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 or print content from the Website, you may only download or print one copy for your own professional use and benefit and any downloaded or printed materials must retain all copyright and other proprietary notices. Such download is licensed to you by the Company only in accordance with the Agreement and does not transfer any other rights to you.
If you submit User Information to the Website, you grant Albourne a nonexclusive, 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 User Information throughout the world in any form, media or technology now known or hereafter developed. You also permit any other user to access, download, store, or reproduce such User Information for that user's professional use and benefit. You grant Albourne and its representatives and sub-licensees the right to use any name that you submit in connection with such User Information. You hereby waive all rights in such content including the right to be identified as the author of that content.
7. Contributions by Website Users
The Company does not endorse you or any user or contributor, express any views or approve any contributions of User Information to the Website and the Company takes no responsibility and assumes no liability of any kind for any User Information, other users, or any third party posting on or associated with this Website.
You expressly understand and agree that this Website is merely a means by which you and other users may come together to express their views, ideas and opinions.
The Company may remove or prohibit any User Information or other contributions that are, in its sole discretion, contrary to this Agreement, without notice and with no right to recourse by you, other users or any third party in respect of such removal or prohibition.
Any participation in discussion forums or similar areas on the Website must be in accordance with this Agreement and any relevant discussion forum or relevant rules.
You represent and warrant that:
(i) you own or otherwise control all of the rights to User Information that you submit or that you have authority from such owner/controller to submit such User Information;
(ii) any User Information you submit is truthful and accurate;
(iii) you have verified that User Information that you supply to the Website is free from viruses, trojan horses, worms, spyware and the like;
(iv) use of the User Information you supply does not violate this Agreement and will not cause injury to any user, person or entity.
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. Other Company websites do require payment of fees to Albourne, as set out in their respective terms and conditions of use.
9. Registration and Account
As part of the registration process the Website will require you 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.
10. Video, audio and other media
Without limiting any other provisions of the Agreement, 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"). Any 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. Any 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.
11. 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.
12. Data Protection
12. 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. You will be identifiable in the Village through the use of your chosen username, which will be visible to other users. 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 and from your details provided to the Company.
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, 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 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, will contact you by email, telephone or post for feedback on the Website and 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.
13. Disclaimer and Limitation of Liability
Whilst the Company endeavours to make the Website a useful and efficient resource to its 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, 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 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, Albourne, its agents, officers, employees, representatives, successors, and assigns shall have no responsibility or liability to 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 the telephone lines, wireless services, communications media, and equipment you use to access the Website.
Nothing in this Agreement shall operate to exclude any liability which cannot be excluded or limited under applicable law or under any applicable regulatory system.
14. 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 regulation 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.
Albourne does not guarantee the content, sequence, accuracy, completeness, or timeliness of the Information contained in the Website.
Certain areas of the Website may require the User to warrant that they have the requisite professional status before allowing access.
You agree to indemnify, defend and hold harmless Albourne, other Websites, and its and their respective affiliates, suppliers, agents, officers, employees, representatives, successors, and assigns and affected third parties from and against any and all claims, damages, liabilities, settlements, costs, and expenses, including reasonable attorney's and expert's fees, arising out of 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, including resulting from any User Information that you supply to or post on the Website;
(ii) a violation of the Agreement 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 Albourne or any third party or any right of privacy or publicity; is libellous or defamatory; or otherwise results in injury or damage to Albourne or 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 representation or covenant or agreement to be performed by you hereunder.
2. 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.
3. 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 Agreement 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 Agreement.
You may, without prejudice to any accrued rights, terminate the Agreement, with or without cause and at any time, by discontinuing your use of the Website.
The Company may, without notice, terminate the Agreement 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.
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. If requested by the Company, you must destroy promptly all materials and any copies thereof which you have obtained from the Website and any User Information you have contributed to the Website. In the event that you do not do so when requested, the Company may without notice destroy all User Information and materials contributed by you to the Website and any copies thereof and procure the removal of all your postings on the Website.
The Agreement 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 Agreement.
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 Agreement shall not constitute a waiver of such right or provision.
The provisions of the Agreement shall survive any termination of the Agreement as is reasonably necessary to give effect to the provisions thereof.
The section titles in the Agreement are used solely for convenience and have no legal or contractual significance.
If any provision of the Agreement is found invalid or unenforceable, that provision will be severed to the extent permissible, and the other provisions of the Agreement will remain in force.
This Agreement constitutes the entire agreement between you and the Company in relation to 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 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