Terms, Conditions & Cookies
These terms and conditions were last updated on 19 May 2016.Please read the information on this page. It contains important details about the website (the “Website“) and the data and information provided on it and about your rights in relation to the use of such information and data. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions.
The information on the Website is communicated by Graphite Capital Management LLP, whose registered office is at 7 Air Street, London W1B 5AD. “Graphite Capital” is the trading name for a number of management and advisory entities that share the same registered address, including: Graphite Capital Management LLP, Graphite Capital General Partner VII LLP, Graphite Capital General Partner VIII LLP and Graphite Capital Advisors LLP, each of which are limited liability partnerships registered in England and Wales with registered numbers OC315612, OC327780, OC382408 and OC390274 respectively, and each of which are authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA“) (authorisation numbers 434062, 542989, 599532 and 622904, respectively). Further contact details are set out at the end of these terms.
The information contained on the Website is provided for general information purposes only. The information contained on the Website is not intended to make any offer, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to the Website should rely for financial, securities, investment or other advice or to take any decision. It is not intended to be a comprehensive account of Graphite Capital’s activities and investment record nor has it been prepared for any other purpose. Any financial, securities or investment related service or product referred to in the Website may not be available to all customers or in all cases, may be available only where specifically requested and agreed upon and may be associated with certain specific fees and conditions attached.
The information is intended to be communicated only to such persons as Graphite Capital is legally able to send it and who are legally able to receive it in their jurisdiction of residence. If you are not such a person you should not rely upon the information and should cease accessing the Website immediately. In the case of persons outside the United Kingdom, this Website is only directed at such persons to the extent that it may be lawfully accessed without imposing any requirement on Graphite Capital or any other person to be licensed, registered or approved or to comply with any other regulatory requirements in any other jurisdiction. Persons in respect of whom such prohibitions or requirements apply must not access this Website.
It is the responsibility of any persons who wish to express an interest in any investment opportunity to inform themselves of, and to observe, all applicable laws and regulations. Visitors to the Website are encouraged to seek individual independent advice from their financial, legal, tax and other advisers before making any investment or financial decisions or purchasing any financial, securities or investment related service or product. Nothing contained on the Website constitutes or should be construed to constitute investment, legal, tax, regulatory, financial, accounting or other advice or as a recommendation by Graphite Capital or any other person. Graphite Capital will not regard any user of this Website as its client for any purposes relating to the Financial Services and Markets Act 2000 and will not owe any duties to such person in accordance with the provisions of the FCA rules that regulate the relationship between a regulated firm and its clients. Therefore, the protections afforded to customers under the UK regulatory system will not be available to users of this Website.
The server on which this Website is maintained is located in England and the information delivered via the Website is deemed to have been delivered in England. Further information regarding Graphite Capital may be available by contacting Graphite Capital directly as set out at the end of these terms.
3. Scope of use
Graphite Capital and/or its licensors own all intellectual property rights in the Website. Graphite Capital invites you to view, use, print and download small portions of the contents of the Website as reasonably required for your informational, non-commercial or other private use only, provided you also retain and do not delete any copyright, trade mark and other proprietary notices contained in such content. You may not modify, publicly display, transmit (by electronic means or otherwise), distribute (in whole or in part) or show in public the Website or any portion thereof without Graphite Capital’s prior written permission. You agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy the Website without Graphite Capital’s prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass any security measures on the Website, or to interfere or attempt to interfere with the proper working of the Website. In addition, you must not use the Website in a way which causes or may cause the Website or the service offered to be interrupted, damaged or impaired or that causes offence or detriment to any other person who uses the Website or any services offered. Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright.
4. Risk consideration
YOU SHOULD REMEMBER THAT THE VALUE OF INVESTMENTS AND THE INCOME DERIVED FROM THEM MAY GO DOWN AS WELL AS UP AND IS NOT GUARANTEED. INVESTORS MAY NOT GET BACK THE AMOUNT OF MONEY INVESTED. PAST PERFORMANCE CANNOT BE RELIED ON AS A GUIDE TO FUTURE PERFORMANCE OR RETURNS.
Expressions and opinions on this Website represent the views of Graphite Capital, which may be subject to change without notice. These views are provided for information purposes only and should not be construed as constituting financial, accounting, investment, legal, tax, consulting or other professional advice nor be relied upon in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment decision.
Affiliates, directors, officers and/or employees of Graphite Capital may have holdings in Graphite Capital investment products or may otherwise be interested in transactions effected in investments mentioned on this Website. Potential investors should refer to the applicable offering documents for any investment product and in particular, the potential conflicts of interest discussed therein.
Complaints should be addressed to the Compliance Officer at Graphite Capital at the address shown above.
Please note that the information set out here does not exclude or restrict any duty or liability to customers of Graphite Capital under the UK financial services regulatory system.
5. Accuracy of information
Although Graphite Capital has taken reasonable care to ensure that the information contained within the Website is accurate at the time of publication, no representation or warranty (including liability towards third-parties), expressed or implied, is made as to its accuracy, reliability, suitability, completeness, fitness for any purpose or freedom from viruses by Graphite Capital, or its subsidiaries or contractual partners. Graphite Capital will not be liable for any direct, indirect, incidental, special or consequential loss or damages (therefore including any loss whether or not it was in the contemplation of the parties) caused by reliance on this information or for the risks inherent in the financial markets. Graphite Capital does not accept any responsibility for updating any information contained within the Website, correcting any inaccuracies or for providing any further or supplemental information to any person.
In particular, but without prejudice to the generality of the foregoing, no representative or warranty is given as to the achievement or reasonableness of any future projections, forecasts, targeted or illustrative returns. Any past performance information contained with the Website is not an indication of future performance. It may not have been audited or verified by an independent party and should not be seen as an indication of returns which might be received by investors in any investment product. Similarly where projections, forecasts, targeted or illustrative returns or related statements or expressions of opinion are given they should not be regarded by any recipient as a guarantee, prediction or definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Any performance information provided on a ‘gross’ basis does not reflect any management fees, carried interest, taxes and allocable expenses borne by investors which in the aggregate may be substantial.
To the maximum extent permitted by applicable law and regulatory requirements (which means that Graphite Capital does not seek to exclude or limit any statutory rights to which you are entitled, more information about which can be obtained from your local Trading Standards office), Graphite Capital specifically disclaims any liability for errors, inaccuracies or omissions on the Website and for any loss or damage resulting from its use. You agree to assume responsibility for determining whether any legal or regulatory considerations limit access to or use of information, services or products described on Graphite Capital’s Website and for the use of any information on the Website. Graphite Capital takes 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 Graphite Capital accepts no responsibility.
Nothing in these terms shall or is intended to exclude or limit Graphite Capital’s liability for personal injury or death resulting from its negligence or for fraudulent misrepresentation. 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.
6. Amendments to the Website
Graphite Capital makes changes periodically to the information on the Website and may modify these terms and conditions at any time, without prior notice, by posting the modified version on the Website and revising the “last updated” notice at the top of this page. Modifications to these terms will automatically be effective after they are initially posted on the Website: if you use the Website after Graphite Capital has posted the changes, you will be bound by the new terms. Please check these terms periodically for changes. Your continued use of this Website following the posting of any changes constitutes acceptance of those changes.
7. Linked websites
Graphite Capital’s Website may contain or be linked to websites, advice or statements of third parties and such links are for information purposes only and do not indicate any association with or endorsement by Graphite Capital of such linked site. Graphite Capital does not have control over such third party websites and therefore makes no representation as to the accuracy or timeliness of such information, has not and will not review or update such information and cautions viewers that any use made of such information is at their own risk.
8. Cookies and data
For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
Information that you provide to us via the Website, or when you contact us by email or phone, will only be used by Graphite Capital and other members of the Graphite group where relevant for the purpose of responding to your enquiries and in accordance with relevant laws and regulations.
Your use of the services on this Website may be monitored by Graphite Capital, and the resultant information may be used for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.
9. Service access
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. You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communication to use by means of the Website, you do so at your own risk. Graphite Capital cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
If any provision of these terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision shall not be affected or impaired in any way thereby.
11. Governing Law and Jurisdiction
These terms and the rights and obligations of any recipient or viewer of the information on the Website (and any person that they represent) arising out of or in connection with it, the Website or the information on the Website, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of England and Wales and any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Contact details
The address for Graphite Capital is set out above. If you have any queries regarding this Website or would like any further information about Graphite Capital, then you may send an email to email@example.com or phone 020 7825 5300.
13. VAT number
Graphite Capital Management LLP’s VAT number is 872 674 096.