Terms and Conditions

Important Information

This important information relates to all use of the website.

The information and materials contained in this website are for informational purposes only, do not purport to be full or complete and do not constitute investment advice.
No reliance may be placed for any purpose on the information and opinions contained in this website or their accuracy or completeness. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained in this website by Exotix Partners LLP or any of its members or employees and no liability is accepted by such persons for the accuracy or completeness of any such information or opinions.

This website does not constitute or form part of any offer to issue or sell, or any solicitation of any offer to subscribe to or purchase, any investment.

The distribution of the information contained in this website in certain countries may be restricted by law and persons who access it are required to inform themselves and to comply with any such restrictions. This information does not constitute an offer or solicitation in any jurisdictions in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation.

User Terms and Conditions

By accessing and using data in this website (including, where applicable, logging into any secured area) you agree to be bound by the terms and conditions set out below which govern your use of the website (including the provision to you of all information issued in each secured area (the Secured Area Information) by Exotix Partners LLP). This website is operated by Exotix Partners LLP (“Exotix”) a limited liability partnership incorporated in England and Wales under no. OC371725, with its registered office located at 1st Floor, Watson House, 54 Baker Street, London W1U 7BU.

If you should have any questions in relation to these Terms and Conditions please contact General Counsel, Paul Lack, tel: +44 20 7725 1000.

The terms set out here together with (a) the Important Information above; and (b) the Privacy Policy below (together the Terms and Conditions) shall apply to, and govern, all use by you of the website (including all Secured Area Information). If you do not accept these Terms and Conditions in full, you must leave the website immediately.

In these Terms and Conditions references to “you” shall be references to each user of this website. In addition and where applicable, references to “you” shall be deemed to be a reference to the company or other legal entity on whose behalf the website user acts (an Accessing Entity). Each such user hereby warrants to Exotix that such user is authorised to access the website, and to accept these Terms and Conditions, on behalf of the relevant Accessing Entity.

Use of all Website Content

You are permitted to store, analyse, reformat, and print the content made available to you via this website only for your own internal business use. You are not permitted to publish, transmit, or otherwise reproduce this website (or any of its contents), in whole or in part, in any format to any third party without the express written consent of Exotix. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. You are not entitled to link, frame or deep-link any content on this website without the prior written permission of Exotix.

Exotix reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any content of this website. These Terms and Conditions are not intended to, and will not, transfer or grant any rights in or to any content of this website other than those which are specifically described in these Terms and Conditions.

As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the content of this website (IPR). If any IPR vests in you, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these
Terms and Conditions, or to establish, perfect, preserve or enforce our rights under these Terms and Conditions.

You agree to use the website only for lawful purposes. You shall not access without authority, interfere with, damage or disrupt: (i) any part of the website; (ii) any equipment or network on which the website is stored; (iii) any software used in the provision of the website; or (iv) any equipment or network or software owned or used by any third party.

We reserve the right to suspend your use of the website (including disabling any user ID or password) at any time for operational, regulatory, legal or other reasons. Furthermore Exotix shall have the right in its sole discretion to terminate access to any part of the website at any time without notice.

General Provisions relating to Use of the Website

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law in relation to your use of the website. We accept no liability for any direct, indirect or consequential loss or damage (however arising and whether caused by tort (including negligence), breach of contract or otherwise) incurred by you in connection with the website or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any material made available on it, including, without limitation any liability for (i) any loss of profit, business, anticipated savings, revenue, contracts or opportunity; or (ii) for any special, indirect, incidental or consequential loss. This does not affect our liability for death or personal injury arising from our negligence or for fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.

Information transmitted via this website will pass over public telecommunications networks. We make no representation or warranty that the operation of this website will be uninterrupted or error free and disclaim all liability in respect thereof. This website may contain links to other websites (or make reference to content available from third parties). We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this website (or for any information which is otherwise made available to you by a third party).

If any provision of these Terms and Condition is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect. Only you and us shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms and Conditions shall not constitute a waiver by us of that right. These Terms and Conditions are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the English courts.

We may update or amend these Terms and Conditions, the Important Information and/or the Privacy Policy from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the website. By continuing to use the website, you agree to be bound by the terms of these updates and amendments.

Privacy Policy

Exotix respects your right to privacy. This Privacy Policy sets out details of the personal information that we (and other members of the wider Exotix group from time to time) may collect from website users and how we (and other members of the wider Exotix group from time to time) may use that personal information. Please read this Privacy Policy carefully, by using the website you agree to its terms (including as amended from time to time). If, for any reason, you do not agree to the terms of this Privacy Policy, please stop using the website immediately.

Who are we?

In this Privacy Policy, references to “we” or “us” are to Exotix Partners LLP. We will at all times only collect and process your personal information in accordance with the Data Protection Act 1998 and any other applicable data protection legislation passed in the United Kingdom.

What information do we collect and how do we collect it?

When you (including, where relevant, each of your employees, agents and representatives) use the website or contact us by post, telephone, fax, e-mail or SMS, we (and other members of the wider Exotix group from time to time) may collect, store and use certain personal information that you disclose to us.
The information that we (and other members of the wider Exotix group from time to time) may collect from you includes your name, address, telephone, fax, e-mail and other contact details. We (and other members of the wider Exotix group from time to time) may also collect details of your computer’s internet protocol address, which is automatically collected by our web server. Finally, we (and other members of the wider Exotix group from time to time) may receive information about you from third parties (such as credit reference agencies)
who are legally entitled to disclose that information.

How do we use your information?

By using the website, you agree that personal information you supply to us (and/or other members of the wider Exotix group from time to time) may be used by us (and/or by other members of the wider Exotix group from time to time and our sub-contractors, representatives and agents) for any of the following purposes: (a) to undertake all relevant verification and assessment activities prior to issuance of a relevant user ID and password; (b) to provide you with a personalised browsing experience when using the website (including the provision of access to various secured area content, depending on the nature of that content and the outcome of our verification and assessment processes); (c) to contact you with details (including by post, phone, fax, e-mail or SMS) of other products and services which we think may interest you, unless you inform us in writing that you do not want to receive these details; (d) for the purposes of carrying Exotix’s business operations (including, where relevant, disclosing certain of your personal information to third parties in connection with your use of this website); (e) to manage your website user account; and (f) to comply with legal and regulatory requirements (which may include, where requested by a court, regulator or other supervisory body disclosure of information for anti-crime and anti-terrorism purposes).

In addition, we (and/or other persons acting on our behalf) may also store or process personal information that we collect about you in countries outside the European Economic Area, which may have lower standards of data protection. We (and other members of the wider Exotix group from time to time) may also disclose your personal information to third parties in connection with the sale, transfer or disposal of our business, provided that they continue to use your information substantially in accordance with the terms of this Privacy Policy.

We take information security seriously and have put in place technical and organisational security measures to prevent the loss or unauthorised access of your personal information. However, whilst we have used all reasonable efforts to ensure the security of your data, please be aware that we cannot guarantee the security of personal information transmitted over the Internet.

You also undertake to Exotix that you have brought each of these uses and purposes to the attention of each member of staff, agent and other representative who accesses the website on your behalf or pursuant to your authorisation and you hereby warrant to Exotix that each such person (together with any other third party individual whose personal data is disclosed to us by
you in connection with your use of this website) has been made aware of the terms of this Privacy Policy and has agreed that we (and other members of the wider Exotix group from time to time) may use his or her personal information as described in this Privacy Policy.

What are your rights?

You have the right to contact us in order to find out what personal information we hold about you or to access, cancel or correct any information that we hold about you. You may also contact us in writing to inform us if you do not wish to receive any marketing materials from us.

What are cookies?

The website uses cookies. Cookies are small files stored on your computer’s hard drive which are used to collect your personal information. You may choose to refuse cookies but, if you do so, some of the functionality of the website may not longer be available to you. For more information about cookies, including further details as to what they are and how to refuse them,
please visit www.allaboutcookies.org.

Secured Areas: Authorisation and Verification

The Secured Area Information and each secured area are directed solely to persons to whom Exotix has issued a valid and current user ID and password. Exotix strictly prohibits you permitting any other person from accessing any secured area or using any Secured Area Information.

Exotix provides user IDs and passwords only to persons to whom it has permitted access the relevant secured area. To obtain a user ID and password, Exotix will conduct such checks as it considers relevant and the award of a user ID and password will be in the sole and absolute discretion of Exotix.

Secured Areas: Security of IDs and Passwords

When we provide you with user ID and password you (and, where applicable, each of your staff, agents and representatives) must keep them secret and secure at all times. You shall maintain a complete, accurate and up-to-date list of all persons entitled to access each relevant secured area on your behalf (and shall promptly notify Exotix of any revocation of or
alteration to any such authority so that Exotix may alter the relevant user account parameters as necessary). You shall ensure that no unauthorised person uses any such ID and password to gain access to the secured area or use any Secured Area Information. In particular: (a) you must not give IDs or passwords to unauthorised individuals within your organisation or to any person outside your organisation; and (b) you must not write down or copy access codes without disguising them and/or encrypting them and ensuring that they are destroyed or deleted promptly after use.

Secured Area Information

The Secured Area Information is provided for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and Exotix does not solicit any action based upon it. It is not an offer to buy or sell – or the solicitation of an offer to buy or sell – any financial product or instrument.

The fact that Exotix makes the Secured Area Information available to you constitutes neither a recommendation that you enter into a particular transaction with Exotix nor a representation that any product described is suitable or appropriate for you. The Secured Area Information is not and must not be construed as a recommendation or advice from Exotix.

The products referred to involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. You should not treat any reference to risks to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should not treat any of the material on this website as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you or your advisers. You may want to consult your legal, tax and accounting advisors.

You shall treat all Secured Area Information as confidential and you shall not store, display, analyse, modify, reformat, print, publish, transmit, or otherwise reproduce any Secured Area Information (i) for or on behalf of any person who is not authorised by you and Exotix to access and/or use that Secured Area Information; or (ii) for any purpose not expressly permitted by these Terms and Conditions.

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