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Terms of Use

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 (“we” or the “Company”) in accordance with the following terms and conditions of use (the “Terms”). By accessing the Website, you confirm you understand and accept the Terms and the regulatory requirements governing the use of the Website. These Terms are subject to change without notice, from time to time in our sole discretion. You acknowledge that by accessing our Website after we have posted changes to these Terms, you are agreeing to these terms and conditions as modified.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

1. USE OF THE WEBSITE

The Company owns and operates the Website. All information and materials contained on the Website are subject to copyright and/or trademark protection laws and the Company reserves all of its rights in this respect. 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, 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. You may not use the Website in any way that is fraudulent or unlawful.

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

2. 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 informational and educational 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. Decisions based on information contained in or provided through the Website are your sole responsibility and at your own risk.

3. 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 but without limitation, we do not warrant that: (i) you will be able to use the Website or that it will continue to be made available in its current or any other form; or that (ii) 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: (i) use anti-virus software on any software or other material that you may download from the Website; (ii) ensure compatibility of such software or material with your equipment; and (iii) check any content or information published on the Website is accurate or complete. You will assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or other problems you may have as a result of using or visiting the Website.

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. We provide these links to you as a convenience only and the inclusion of any link does not imply a referral by the Company to, or an endorsement by the Company of, a linked 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.

Further, to the fullest extent permitted by law, we will not  be liable to you for any loss, injury or damage of whatsoever nature suffered by you (including, without limitation, any direct, indirect, special, incidental or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit), arising from: (i) any computer virus or other bug transmitted through the Website; (ii) your use or inability to use the Website at any time and any error in the provision of the Website; (iii) your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Website; (iv) any inaccurate information published on the Website; (v) your failure to comply with any laws or regulations that are applicable to you; or (vi) 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.

4. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to legal fees that may, at any time, arise out of or relate to your authorised, unauthorised, lawful or unlawful use of the Website or content therein, your breach of the Terms, as may be modified from time to time in the Company’s sole discretion, your inability to access the Website, the use of any linked websites, your reliance on any errors or omissions in the Website, or the propagation and/or contraction of any computer virus in connection with your use of the Website and/or the related content.

5. LINKED SITES

We may make available certain links from the Website to other, third party websites or electronic service providers that are not affiliated with the Company or you may have accessed this Website from the websites of other unaffiliated third parties or electronic service providers. 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 you agree that under no circumstances will you hold the Company responsible or liable for damages or losses caused by any inaccuracy or omissions in the information or content of such websites, whether actual or consequential.

6. INVESTMENT PERFORMANCE

Prior to making any investment decision, please consider fully the specific risks involved by referring to the most up to date relevant prospectus, annual or semi-annual financial report, key information document and any other relevant disclosure of the Company.

Before investing in the Company, you should carefully consider, among other things, the Company’s investment objective, investment strategy, investment policy, risks, charges and expenses. The value of investments may fall as well as rise and investors may not get back the amount invested. Among other factors, changes in rates of foreign exchange may cause the value of the investments to go up or down.

7. NO PRIVACY

All information posted on the Website may be accessible to third parties. 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.

8. 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 the Company to any registration or other requirement within such jurisdiction or country.

Specifically, the Website is neither directed at, nor intended for release, publication or distribution, directly or indirectly, in whole or in part, to, “U.S. persons” as defined in Regulation S under the US Securities Act orany person in the United States, Australia, Canada, South Africa, Japan or any other jurisdictions where, or to any person to whom, to do so would constitute a violation of applicable law or regulation. 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.

9. 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.

10. 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.

For more information you can view our Cookie Policy.

11. SEVERABILITY

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

12. VARIATION

We may revise these Terms 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 may also be superseded by provisions or notices published elsewhere on our Website.

13. GOVERNING LAW AND JURISDICTION

These Terms, 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, including regarding the existence, validity or termination of these Terms or consequences of their nullity.