CVC.COM
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Legal / Privacy / Cookies

LEGAL / PRIVACY / COOKIES

Legal Notice


Please read the following information carefully. The products and services described on these website pages (the "Website") are provided by CVC Income & Growth Limited in accordance with the following terms and conditions of use. By accessing the Website, you confirm you understand and accept the terms and conditions of use and the regulatory requirements governing the use of the Website.

The company is regulated by the Jersey Financial Services Commission pursuant to the Collective Investment Funds (Jersey) Law 1998 (the "CIF Law") as a collective investment fund established as a Jersey Listed Fund. The Commission is protected by the CIF Law against liability arising from the discharge of its functions under the CIF Law. Further information in relation to the regulatory treatment of Jersey Listed Funds may be found on the website of the Jersey Financial Services Commission at www.jerseyfsc.org

 

Terms and Conditions of Use


Use of the Website

The entire content of this Website is subject to copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the Website, provided that you do not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the Website will not transfer title to any software or material to you. If you print off, copy or download any part of the Website in breach of these terms and conditions of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

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 or in any way exploit the whole or any part of the Website without the prior written permission of the company. The company reserves all rights with respect to copyright and trademark ownership of all material on the Website. You may not use the Website in any way that is fraudulent or unlawful. By using the Website you agree to be bound by these terms and conditions of use.

No offer: The Website is for informational purposes only and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction.


No reliance

While we use reasonable efforts to obtain information from sources which we believe to be reliable, we make no representation that the information or opinions contained in the Website are accurate, reliable or complete. The information and opinions contained in the Website are provided by us for personal use and informational purposes only and are subject to change without notice. Nothing contained on the Website constitutes investment, legal, tax or other advice nor is it to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.


No warranty and limitations of liability

The Website is provided "as is" and we give no warranties of any kind express or implied in respect thereof. Specifically, without limitation, we do not warrant that: you will be able to use the Website or that it will continue to be made available in its current or any other form; the Website or any software or material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to: use anti-virus software on any software or other material that you may download from the Website and to ensure compatibility of such software or material with your equipment; check any content or information published on the Website is accurate or complete. The editorial content of any other website to which you have gained access by means of any hyperlinks published on the Website remains the sole responsibility of the provider of that other website.

Except as expressly set out in these terms and conditions of use, all warranties, conditions and representations expressed or implied by statute, common law or otherwise (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.

We will not (subject only to the exclusion provisions below) be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including, without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit), arising from: any computer virus or other bug transmitted through the Website; your use or inability to use the Website at any time and any error in the provision of the Website; your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Website; any inaccurate information published on the Website; your failure to comply with any laws or regulations that are applicable to you; or your reliance on any information published on the Website. You should note specifically that information might be published on the Website about investments that may not be appropriate for your specific purposes or circumstances.

Nothing in these terms and conditions of use shall operate to exclude or restrict our liability for either fraud, death or personal injury resulting from our, or our employees', negligence or any duty the company may have to a client under the UK regulatory system (within the meaning of the Financial Conduct Authority Handbook Definitions).


Material interests

The company and/or its directors, officers and employees may have or have had interests or positions or traded in relevant securities obligations. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to or serve or have served as directors of relevant companies.


Linked sites

When you access certain links in the Website you may leave the Website. We have not reviewed any of the websites linked to the Website and do not endorse or accept any responsibility for the content of such websites, nor the products or services or other items described on such websites, nor the data protection practices of or policies on such websites which you access at your own risk and the company is not responsible for damages or losses caused by any inaccuracy or omissions in the information or content of such websites, whether actual or consequential.


Investment performance

The value of investments may fall as well as rise and investors may not get back the amount invested. Changes in rates of foreign exchange may cause the value of the investments to go up or down.


No privacy

Information posted on the Website may be accessible to third parties by means of the Internet or otherwise. You should have no expectation of privacy with respect to any communications on or through the Website. Please do not transmit any confidential information to or through the Website. You acknowledge that communications transmitted by means of the Website are public and not private communications.


Local regulatory restrictions

The Website is not directed at any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Website is prohibited or which would subject us to any registration or other requirement within such jurisdiction or country. Specifically, the Website is not directed at any person in the United States of America or Canada. We reserve the right to limit access to the Website to any person, geographic region or jurisdiction. Additionally, the promotion and sale of collective investment schemes may be restricted in your jurisdiction. Persons in respect of whom such prohibitions apply must not access the relevant pages on the Website. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.


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 (whether by means of email or otherwise), 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. We will use all reasonable endeavours to ensure that the Website is reasonably secure. However, we cannot guarantee that any information displayed on the Website has not been interfered with without our consent.


The use of cookies on the Website

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

How you can block or remove your cookies?
You have the ability to change the settings on your internet browser to accept all cookies, to notify you when a cookie is set, or not to receive cookies at any time, although this may mean that some services on our sites cannot then be provided to you.

If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.

For help in deleting Website cookies please refer to the relevant link below.

Google Chrome:
https://support.google.com/chrome/bin/answer.py?hl=en-GB&answer=95647&p=cpn_cookies

Microsoft Internet Explorer:
http://support.microsoft.com/kb/196955

Firefox:
http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies

Safari:
http://support.apple.com/kb/PH5042

Opera:
http://www.opera.com/browser/tutorials/security/privacy/

Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site and you will prevent us from obtaining valuable analytics information that helps us improve the content and functionality of our site.


Severability

If any provision of these terms and conditions of use is found by a court of competent jurisdiction to be invalid, you agree that the other provisions of these terms and conditions of use will remain in full force and effect in so far as possible.


Variation

We may revise these terms and conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Governing law and jurisdiction

These terms and conditions of use, and all matters connected with them, are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these terms and conditions of use, including regarding the existence, validity or termination of these terms and conditions of use or consequences of their nullity.

Important disclaimer and terms of use

These written materials are not for release, publication or distribution, directly or indirectly, in or into the United States, Australia, Canada, South Africa or Japan or to "U.S. persons" as defined in Regulation S under the US Securities Act ("US Persons"). The information contained herein does not constitute or form part of any offer or solicitation to purchase or subscribe for securities in the United States, Australia, Canada, South Africa or Japan or any other jurisdiction where to do so might constitute a violation of the relevant laws or regulations of such jurisdiction. The Company has not been and will not be registered under the US Investment Company Act of 1940, as amended (the "Investment Company Act") and, as such, holders of the Company’s securities will not be entitled to the benefits of the Investment Company Act. The securities discussed herein have not been and will not be registered under the US Securities Act of 1933, as amended (the "US Securities Act"), or with any securities regulatory authority of any state or other jurisdiction of the United States and may not be offered or sold in the United States or to, or for the account or benefit of, US Persons absent registration or an exemption from registration under the US Securities Act in a manner that would not require the Company to register under the Investment Company Act. No public offering of securities will be made in the United States. No securities may be offered or sold, directly or indirectly, into the United States or to US Persons absent registration or an exemption from registration under the US Securities Act and in a manner that would not require the Company to register under the Investment Company Act.

In addition, in the United Kingdom, these materials on this website are only being distributed to and are only directed at (i) persons who are outside the United Kingdom or (ii) to investment professionals falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "Order") or (iii) high net worth entities, and other persons to whom they may lawfully be communicated, falling within Article 49(2)(a) to (e) of the Order (all such persons in (i), (ii) and (iii) above together being referred to as "relevant persons"). Securities to which the materials relate are only available to, and any invitation, offer or agreement to subscribe, purchase or otherwise acquire such securities will be engaged in only with, relevant persons. Any person who is not a relevant person should not act or rely on the materials or any of their contents.

Any communication on this website is only addressed to and is only directed at persons in any member state of the European Economic Area ("EEA Member State") where any required notification or registration for "marketing" as that term is defined in Article 4(1)(x) of Directive 2011/61/EU on alternative investment fund managers ("AIFMD") has been made and who are both:

  1. "qualified investors" in that Member State within the meaning of Article 2(e) of EU Prospectus Regulation (EU/2017/1129), as amended, including any relevant implementing measure in EEA Member State which has implemented the EU Prospectus Regulation; and
  2. "professional investors" in that EEA Member State within the meaning of Article 4(1)(ag) AIFMD.

A list of EEA Member States in which a notification or registration has been made for marketing to professional investors under AIFMD is available on request.

This website should not be accessed by persons in any EEA Member State who are "retail investors" within the meaning of Article 4(1)(aj) of the AIFMD ("retail investors").

Access to electronic versions of these materials is being made available on the webpage in good faith and for information purposes only. Making press announcements and other documents relating to any offering of securities available in electronic format does not constitute an offer to sell or the solicitation of an offer to buy or subscribe for securities, nor does it constitute a recommendation by any party to sell or buy securities.

By clicking on the "Accept" button, I confirm, represent, warrant and agree that:

I am not a US Person or located in the United States, Australia, Canada, South Africa or Japan or any other jurisdiction where to proceed to view the materials on this webpage would constitute a breach of securities law in that jurisdiction, and I confirm that I am permitted to view electronic versions of these materials; I will not forward, transmit or show the materials contained in this webpage to any US Person or person located in, or a resident of, the United States, Australia, Canada, South Africa or Japan or any other jurisdiction where it would be unlawful to do so; and I have read and understood the disclaimer set out above and will read carefully any additional disclaimers or important notices attaching to or forming part of the materials or information on this website. I understand that this may affect my rights, and I agree to be bound by their terms.

I am not a retail investor located in an EEA Member state.