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Terms and Conditions

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Terms and Conditions

Website Content Terms and Conditions

These terms and conditions apply to the use of this website (the Website). Please read these terms and conditions carefully. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. Eaton Gate Capital Partners Ltd. may suspend your use of this site immediately if you do not comply with these terms and conditions.

This Website is the property of Eaton Gate Capital Partners Ltd., which is a limited company registered in Guernsey with Registered Number 56740. The registered office is at P.O. Box 60, Corinthia House, 9-12 The Grange, St Peter Port, GUERNSEY, GY1 4BF.  All the material on this Website is subject to copyright with all rights reserved.

Use of the Website

Users may not link any other website to the Website without obtaining the prior written consent of Eaton Gate Capital Partners Ltd.. Users must also not use the Website in a way that causes or may cause:

•   This Website to be interrupted, damaged or impaired;

•   Offence or detriment to any other person who uses the Website or any services therein;

•   Eaton Gate Capital Partners Ltd., you or any other user of the Website to be in breach of
applicable law or regulation; or

•   Detriment to any person who supplies services to Eaton Gate Capital Partners Ltd.
in connection with the Website.

Access to the Website is not open to persons resident in, or citizens of, any territory outside of the United Kingdom where to allow such access would require any registration, filing, application for any licence or approval or other steps to be taken by Eaton Gate Capital Partners Ltd. in order to comply with local laws or other regulatory requirements in such overseas territory. We make no representation that any material contained on this Website is appropriate for any jurisdiction other than the United Kingdom. The server on which this Website resides is located in England and information delivered via the site is deemed to have been delivered in England.

No Offer

The Website is for informational purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction, and must not be relied upon in connection with any investment decision.

No Advice

The information on the Website, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services, but is for information purposes only.

Risk Management

The Firm is governed by its members, who in turn have formed a Management Committee, consisting of senior members of the Firm. The Management Committee is responsible for making all decisions regarding the day-to-day management of the Firm, subject to the provisions set out in the Firm’s governing documents. As part of its day-to-day management responsibilities, the Management Committee determines the Firm’s business strategy and risk appetite and is responsible for establishing and maintaining the Firm’s governance arrangements and designing and implementing a risk management framework that recognises the risks that the business faces.

As part of the Firm’s risk management framework, the Firm has created an Audit and Risk Committee, which is responsible for reviewing all the risks relevant to the Firm’s business and reporting and making recommendations in respect of such risks to the Management Committee.

The Audit and Risk Committee, working together with the Management Committee and the Firm’s other members, to the extent appropriate, determines how the risks that the Firm’s business faces may be mitigated and assesses on an ongoing basis the arrangements to manage those risks. The Management Committee and the Audit and Risk Committee each meet on a regular basis and discuss current projections for profitability, cash flow, regulatory capital management and business planning and risk management. The Firm manages its risk though a framework of policy and procedures having regard to relevant laws, standards, principles and rules (including FSA principles and rules) with the aim of operating a defined and transparent risk management framework. These policies and procedures are updated as required.

The Audit and Risk Committee has identified that credit, market, operational, business and liquidity risks are the main areas of risk to which the Firm is exposed. Annually, the Audit and Risk Committee and the Management Committee both formally review the risks, controls and other risk mitigation arrangements and assess their effectiveness. For material risks, the Management Committee, in coordinate with the Audit and Risk Committee, considers the financial impact of these risks as part of its business planning and capital management and concludes whether the amount of regulatory capital is adequate.

Regulatory Capital

The Firm is a limited company and its capital arrangements are established in its articles of association. The Firm's capital requirements are the greater of (1) base capital or (2) credit risk plus market risk or (3) its fixed overhead requirement.

As a limited licence firm, the Firm neither holds client money or assets nor lends money. Therefore, the Firm is not exposed to credit risk in the traditional sense. The Firm’s exposure to credit risk includes the risk that investment management and/or performance fees cannot be collected from its clients and the risk that financial institutions where the Firm’s cash and cash equivalents are deposited are unable to deliver such cash and cash equivalents to the Firm. Also, in terms of market risk, the Firm does not have a trading book. The only potential exposures are non-trading book exposures (i.e., to foreign currency held on deposit and assets or liabilities held and/or denominated in foreign currencies on the Firm’s balance sheet).

Commitment to the UK Stewardship Code

Under Rule 2.2.3R of the FSA's Conduct of Business Sourcebook, (the "Firm") is required to include on this website a disclosure about the nature of its commitment to the UK Financial Reporting Council's Stewardship Code (the "Code") or, where it does not commit to the Code, its alternative investment strategy. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers.The Firm pursues a strategy that does not result in it trading in single equities (other than where incidental to our primary investment strategy of credit lending and investment in debt products). Consequently, while the Firm supports the general objectives that underlie the Code, the provisions of the Code are not relevant to the type of trading currently undertaken by the Firm. If the Firm's investment strategy changes in such a manner that the provisions of the Code become relevant, the Firm will amend this disclosure accordingly.

Disclaimer

No warranty, condition or undertaking or term, either express or implied, is given that the information or opinions contained in this website are accurate, reliable or complete or as to the freedom of this site from defects, viruses, malicious programs or macro or as to the appropriateness of the content of the Website for any use which the recipient may choose to make of it. The information published on the Website is provided as a convenience to visitors and should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate Eaton Gate Capital Partners Ltd. personnel.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITE AND ALL THE INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any direct, special, consequential or indirect or punitive damages, losses, costs or expenses and any loss of profit incurred by you, whether arising in tort, contract or otherwise, and arising out of or in connection with your access to or use of, or inability to use, the Website or use of any material on the Website even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by unauthorised third parties.

In addition, any software which may be offered by the site from time to time is downloaded at your own risk. If you are in any doubt as to the suitability of this software for your computer, it is recommended that you obtain specialist advice before downloading it.

We provide no warranty that the Website will be available at any time. We will attempt to correct all faults as soon as we reasonably can. Eaton Gate Capital Partners Ltd. makes no representations or warranties in particular as to the accuracy, currency or completeness of any information contained on the Website and may change the information at any time without notice.

Copyright

The content of the Website is subject to copyright with all rights reserved. The copyright and all other rights in all of the material on the Website (including without limitation the screen displays, the content, the text, graphics and look and feel of the site) are owned by Eaton Gate Capital Partners Ltd. and its licensors. You may download or print out a hard copy of such individual pages and/or sections of the Website as you may reasonably require provided that this is for private, non-commercial or domestic use only and that you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without our prior written permission. Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.

Links to External Sites

The Website may contain links to or from other websites over which Eaton Gate Capital Partners Ltd. has no control. These linked sites are for your convenience only and you access them at your own risk. We are not responsible for the content of any linked sites. We do not in any way endorse the linked sites. Links to the Website may not be included in any other website without the prior written consent of Eaton Gate Capital Partners Ltd.. We will not be responsible for the content of any advertising that may appear on our site nor for its compliance with any applicable laws or regulations.

Security

You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

No Representation or Warranty

No representation, warranty or guarantee or any kind, express or implied, is given by Eaton Gate Capital Partners Ltd..

Content

While we use reasonable endeavours to obtain information from sources which we believe to be reliable and to ensure that the information on the Website is up to date and accurate, Eaton Gate Capital Partners Ltd. makes no representation or warranty that the information or opinions contained on the Website are accurate, reliable or complete. The information and opinions contained on the Website are provided by Eaton Gate Capital Partners Ltd. for personal use and for informational purposes only. You are solely liable for any use you may make of this information. Eaton Gate Capital Partners Ltd. makes no representation, warranty, condition, undertaking or term, whether express or implied, as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness or freedom from viruses of the content contained on the Website or that such content will be accurate, up to date, uninterrupted or error fee. Whilst we take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which Eaton Gate Capital Partners Ltd. accepts no responsibility.

Changes to the Terms

Changes are periodically made to the information on the Website and to these terms and conditions and these changes will be incorporated in new editions of this site. Eaton Gate Capital Partners Ltd. reserves the right to alter or amend any information set out in the Website and these terms and conditions without notice. If you use the Website after Eaton Gate Capital Partners Ltd. has posted the changes, you will be bound by the new terms. You should therefore ensure that you read the terms and conditions each time you use the Website.

Severability

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable whilst preserving their intent or, if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.

Assignment

You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

Government Law and Jurisdiction

These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual) are governed by and shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.