These terms and conditions (the “Terms”) apply to the use of this website (the “Website”). They set out GHO Capital’s rights and obligations and the rights and obligations of persons that access or use the Website (“you”, “your”) and incorporate GHO Capital’s privacy policy, which can be found at https://ghocapital.com/privacy-policy/. Please read these Terms carefully before you use the Website. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these Terms and GHO Capital (as defined below) may suspend your use of the Website immediately if you do not comply with any of the Terms.
Who we are
The Website is communicated by and is the property of GHO Capital Partners LLP (“GHO Capital”, “we”, “us”, “our”). GHO Capital is a limited liability partnership registered in England with the registered number OC389512. It is authorised and regulated by the Financial Conduct Authority and its registered office is 10 Norwich Street, London EC4A 1LT. All the material located on this Website is Copyright © GHO Capital Partners LLP 2014 and all rights are reserved. If you would like to contact GHO Capital with any queries or comments please send an email to [email protected], for the attention of Lara Flynn.
Use of the Website
You confirm and undertake to GHO Capital that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. In particular you: (1) agree to read and abide by all notices posted on the Website from time-to-time; (2) agree to abide by all applicable laws and regulations and will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (3) acknowledge that you are responsible for the integrity of any information you provide to us via the Website and warrant that this information is true, complete and accurate and does not infringe any other person’s rights to the best of your knowledge.
You must not link any other website to the Website without obtaining the prior written consent of GHO Capital, and must not use the Website in a way which causes or may cause:
(a) the Website or the service offered to be interrupted, damaged or impaired; (b) offence or detriment to any other person who uses the Website or any services offered; (c) GHO Capital, you or any other user of the Website to be in breach of any applicable law or regulation; or (d) detriment to any person who supplies services to GHO Capital in connection with the Website. You agree to compensate GHO Capital for any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of the Website, including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.
Access to the Website
Access to the Website is not open to persons resident in, or citizens of, any territory outside 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 GHO Capital in order to comply with local laws or other regulatory requirements in such overseas territory. GHO Capital makes no representation that any material contained on the Website is appropriate for any other jurisdiction. The server on which the Website is maintained is located in England and the information delivered via the Website is deemed to have been delivered in England. Should you choose to access this Website from any location other than the United Kingdom, you are responsible for compliance with all applicable laws.
No offer
The Website is for information purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, or provide investment advisory services or to engage in any other transaction, and the Website must not be relied upon in connection with any investment decision.
No advice
GHO Capital does not provide investment advice or any other investment services to any person other than its affiliates, and GHO Capital’s only client is GHO Capital Management Limited. GHO Capital is not responsible to any other person for providing protections that would be afforded to clients or for advising any such person on any transaction or investment. 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, or an invitation or inducement to engage in investment activity, but is for information purposes only. The Website is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to their particular circumstances.
No representation, warranty or guarantee of any kind, express or implied is given by GHO Capital. In particular, but without limitation, no warranty, condition, undertaking or term (either express or implied) is given: (1) that the Website is, or the information or opinions contained in the Website are, accurate, reliable, error-free or complete; (2) that this Website is free from defects, viruses, malicious programs or macros; (3) that your access and use of the Website will be continuous and uninterrupted; and (4) 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, should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate GHO Capital personnel.
The Website may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, will”, “should”, “expect”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology. Forward-looking statements are inherently unreliable, and you should not rely on them. Any such forward-looking statement is based on GHO Capital’s current expectations, assumptions, estimates and projections about future events. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed in a forward-looking statement. GHO Capital has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.
If and to the extent that the Website contains information regarding the past performance of any investments, you should be aware that this information has not been audited or verified by an independent party. Past performance is not indicative of future results. The value of any investment may fall as well as rise and there is no assurance that investors will get back any amount invested.
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 EXPRESSED 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, GHO Capital, its affiliates, and their respective members, shareholders, directors, officers, employees and agents (“GHO Capital Persons”) 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 relation to 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 GHO Capital has been advised of the possibility of such damage. No liability is accepted by any GHO Capital Person in respect of any changes made to the content of the Website by unauthorised third parties.
In addition, any software which may be offered by the Website from time to time is downloaded at your own risk, and GHO Capital does not accept any liability for any damage that you may incur as a result of a computer virus. You should undertake your own safeguards against potential damage to your computer, equipment, device and data by ensuring that you have appropriate virus screening software. 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.
The internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which GHO Capital accepts no responsibility. GHO Capital does not warrant that the Website will be available at any time. GHO Capital will attempt to correct all faults as soon as reasonably possible., but accepts no liability to you in respect of any such interruptions to the availability of the Website GHO Capital does not warrant that this Website does not infringe any intellectual property rights of third parties.
No data transmission over the internet can be guaranteed as totally secure. Whilst GHO Capital strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to GHO Capital. Accordingly, any information which you transmit to GHO Capital is transmitted at your own risk.
Intellectual property rights
This Website and its content (including text, graphics, icons, logos, videos, images, photographs, plans, computer-generated images, mock-ups and other data) is protected by intellectual property laws and other relevant laws. As between GHO Capital and you, all rights, title and interest in and to the Website, its content and all trade marks used on the Website (whether registered or unregistered) are owned by GHO Capital, its affiliates or third parties with whom GHO Capital does business. Other than as expressly provided in these Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trade mark, database right or other intellectual property or proprietary interest of us, our licensors or any third party. You agree that you will not take any action inconsistent with our ownership of the Website and/or our Website’s content. 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 Website) are owned by GHO Capital and its licensors. You may download or print out a hard copy of such individual pages and/or sections of the Website as you 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 GHO Capital’s prior express 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.
E-commerce directive
You acknowledge and agree that, unless and to the extent expressly included in any other agreement between GHO Capital and you, the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law.
Links to external sites
The Website may contain links to or from other websites, over which GHO Capital has no control. These linked sites are for your convenience only and you access them at your own risk. On accessing one of these hyperlinks, you become subject to the terms and conditions imposed by the operator of the website that is being visited. GHO Capital is not responsible for the content of the linked sites. GHO Capital does not in any way endorse the linked sites. Links to the Website may not be included in any other website without prior written consent of GHO Capital. GHO Capital will not be responsible for the content of any advertising that may appear on the Website not for such advertising’s compliance with any 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 GHO Capital by means of the Website, you do so at your own risk. GHO Capital cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
GHO Capital recognises the need to ensure that personal information gathered via the Website remains secure. The Website is hosted on a robust platform built on the very latest server technology and housed in an ultra-secure, UK-based data centre that comprises state-of-the art protective systems against penetration and denial of service threats protecting against the loss, misuse and alteration of the personal information under GHO Capital’s control. You acknowledge that, although GHO Capital exercises adequate care and security, there remains a risk that information transmitted over the internet and stored by computer may be intercepted or accessed by an unauthorised third party.
Non-exclusivity
Please do not send GHO Capital any confidential or proprietary material as it does not agree to obligations of non-disclosure or non-use of such material. GHO Capital may receive a large number of business plans and other proposals, which may be similar to one another or overlap. GHO Capital reserves the right to review only those which appear to GHO Capital to fit its investment criteria from time to time and to reject proposals without giving reason or returning material sent to GHO Capital. GHO Capital is not restricted in any way from pursuing opportunities with others. GHO Capital and funds under its management or advice invest in many companies, some of which may compete with one another.
Legal disclosure
In some cases, GHO Capital may be required to disclose your personal information to comply with legal requirements and requests from government agencies.
Changes to the Terms
Changes are periodically made to the information on the Website and to these Terms and these changes will be incorporated in new editions of this Website. GHO Capital reserves the right to alter or amend any information set out in the Website and these Terms without notice. If you use the Website after GHO Capital has posted the changes you will be bound by the new terms. We will indicate the effective date of the currently applicable terms at the beginning of the Terms. You should therefore ensure that you read the Terms each time you use the Website.
Severability
If any part of these Terms 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. These Terms shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while 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, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
Assignment
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. GHO Capital may transfer the rights and obligations under these Terms, to another organisation and/or individual.
Termination GHO Capital may, at its sole discretion, terminate, restrict or suspend your access to the Website without notice for any reason.
In some cases, GHO Capital may be required to disclose your personal information to comply with legal requirements and requests from government agencies.
Changes to the Terms
Changes are periodically made to the information on the Website and to these Terms and these changes will be incorporated in new editions of this Website. GHO Capital reserves the right to alter or amend any information set out in the Website and these Terms without notice. If you use the Website after GHO Capital has posted the changes you will be bound by the new terms. We will indicate the effective date of the currently applicable terms at the beginning of the Terms. You should therefore ensure that you read the Terms each time you use the Website.
Severability
If any part of these Terms 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. These Terms shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while 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, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
Assignment
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. GHO Capital may transfer the rights and obligations under these Terms, to another organisation and/or individual.
Termination
GHO Capital may, at its sole discretion, terminate, restrict or suspend your access to the Website without notice for any reason.
Governing law and jurisdiction
These Terms, 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 United Kingdom you are responsible for ensuring compliance with any local laws relating to access and use of the Website.