Terms

Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the website http://www.dexioncapital.com (the “Site”). Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.

Information about us

The Site is issued and operated by Dexion Capital plc (“Dexion Capital”). Dexion Capital is registered in England and Wales under company number 4040660 and has its registered office at 1 Tudor Street, London EC4Y 0AH. Dexion Capital’s VAT number is 769 5351 85.

Dexion Capital is regulated and authorised by the Financial Services Authority (“FSA”) and is registered with the FSA under registration number 195456.

Dexion Capital is an investment services company providing a range of services including but not limited to marketing to and raising capital from third party corporate finance contacts in respect of (i) closed-ended funds and (ii) single manager funds, and advising clients on Dexion Capital’s platform of fund of hedge fund managers.

Dexion Capital is registered as a public limited company in England and Wales.

Dexion Capital is subject to the FSA rules and guidance, details of which can be found on the FSA’s website at http://www.fsa.gov.uk. The FSA regulates the financial services industry in the United Kingdom and is located at 25 The North Colonade, Canary Wharf, London E14 5HS.

Accessing the site

Access to the Site is permitted on a temporary basis, and Dexion Capital reserves the right to withdraw or amend the service it provides on the Site without notice. Dexion Capital will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, Dexion Capital may restrict access to some parts of the Site, or the entire Site, to users who have registered with and/or have been granted passwords by Dexion Capital. Access is in any event only available to persons fulfilling certain requirements, which requirements may vary depending on the jurisdiction in which the user is. Access is prohibited to all users in certain jurisdictions.

If you are provided with, a user identification code, password or any other piece of information as part of Dexion Capital’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Dexion Capital has the right to disable any user identification code or password at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use. Where you have provided any information or representation to Dexion Capital for the purposes of obtaining a user identification code, password and/or other piece of information and such information or representation provided by you would subsequently be incorrect or inaccurate in any material respect if repeated, you must inform Dexion Capital immediately.

When using the Site, you must not use it in any way which (i) breaches any applicable local, national or international law or regulation; or (ii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

This information is not intended to, and will not, transfer or grant any rights in or to the material published on the Site (the “Material”) other than those which are specially described herein, and all rights not expressly granted herein are reserved by Dexion Capital. Certain of the Material may be subject to copyright or other intellectual property rights in favour of Dexion Capital and/or third parties.

You may print off copies, and may download extracts, of any page(s) from the Site for your personal information and use only.

You must not modify the paper or digital copies of any Material 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.

Dexion Capital’s status (and that of any identified contributors) as the authors of Material on the Site must always be acknowledged.

You must not use any part of the Material on the Site for any other purpose without obtaining the prior written consent from Dexion Capital to do so.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at Dexion Capital’s option, return or destroy any copies of the Materials you have made.

Reliance on information posted

All the Material on this Site has been prepared for information purposes only without regard to any particular user’s investment objectives, investment experience, financial situation, or means, and neither Dexion Capital nor any other member of the Dexion Capital group of companies is not soliciting any action based upon such information. The Material is not to be construed as a recommendation; or as advice; or an advertisement; or an offer to buy or sell; or the solicitation of an, or an inducement to, offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction. Although the Material is based upon information that Dexion Capital in its reasonable opinion considers reliable and endeavours to keep current, Dexion Capital has not verified this information and does not represent that the Material is accurate, current, or complete and the Material should not be relied upon as such. Dexion Capital will have no responsibility to maintain the Material or to supply any corrections, updates or releases concerning the Material. By accessing the Site, you expressly acknowledge and agree that the Material provided to you is on a “as is” basis, used at your sole risk and shall not be relied on. Dexion Capital and each other member of the Dexion Capital group of companies therefore disclaims all liability and responsibility arising from any reliance placed on such Materials by any visitor to the Site, or by anyone who may be informed of any of its contents save in the circumstances where such exclusion or liability would be expressly prohibited by the rules of the FSA or any other applicable laws or regulations in England and Wales.

The site changes regularly

Dexion Capital aims to update the Site regularly, and may amend, add, substitute or otherwise change the content at any time. If the need arises, Dexion Capital may suspend access to the Site, or close it indefinitely. Any of the Material on the Site may be out of date at any given time, and Dexion Capital is under no obligation to update such Material.

Dexion capital’s liability

The Material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Dexion Capital, other members of Dexion Capital’s group of companies and third parties connected to Dexion Capital hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect Dexion Capital’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to the site

Dexion Capital processes information about you in accordance with its privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

You may not upload any material to the Site other than your contact details when submitting an application requesting that Dexion Capital’s newsletters should be sent to you.

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Dexion Capital will report any such breach to the relevant law enforcement authorities and Dexion Capital will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Dexion Capital will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Dexion Capital strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Dexion Capital is transmitted at your own risk. Nevertheless, once Dexion Capital receives your transmission, it will take reasonable steps to preserve the security of such information. However, Dexion Capital does not accept any liability for any interception of information which it transmits to you.

Linking to the site

You may not link the Site to another website without Dexion Capital’s express permission.

If you wish to make any use of Material on the Site other than that set out above, please address your request to .

Links from the site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Dexion Capital has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. By using this Site, you submit to the jurisdiction of those courts and waive any right to claim that those courts are an inconvenient forum. These terms of use are governed by English law.

Variations

Dexion Capital may revise these terms 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 Dexion Capital has 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 the Site.

Severability of Provisions

Any provision of these terms of use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms of use nor affect the validity or enforceability of that provision in any other jurisdiction.

Your concerns

If you have any concerns about Material which appears on the Site, please contact .

Thank you for visiting the Site.