Terms, conditions & cookies

Terms of Use and Legal Notice

These terms were last updated on 10 February 2014.

Please read the information on this page. It contains important details about the website (the “Website”) and the data and information provided on it and about your rights in relation to the use of such information and data. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions.

The information on the Website is about Graphite Enterprise Trust PLC (“Graphite Enterprise”), a public limited company whose registered office is at Berkeley Square House, Berkeley Square, London W1J 6BQ and whose registered company number is 01571089. The Website is communicated by Graphite Capital Management LLP (“Graphite Capital”), of the same address, which is a limited liability partnership registered in England and Wales with registered number OC315612 and which is authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”), authorisation number 434062. Further contact details are set out at the end of these terms.

Purpose

The information contained on the Website is provided for general information purposes only. The information contained on the Website is not intended to make any offer, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to the Website should rely for financial, securities, investment or other advice or to take any decision. It is not intended to be a comprehensive account of Graphite Enterprise's activities and investment record nor has it been prepared for any other purpose. Any financial, securities or investment related service or product referred to in the Website may not be available to all customers or in all cases, may be available only where specifically requested and agreed upon and may be associated with certain specific fees and conditions attached.

The information is intended to be communicated only to such persons as Graphite Enterprise and Graphite Capital are legally able to send it and who are legally able to receive it in their jurisdiction of residence. If you are not such a person you should not rely upon the information and should cease accessing the Website immediately. In the case of persons outside the United Kingdom, this Website is only directed at such persons to the extent that it may be lawfully accessed without imposing any requirement on Graphite Enterprise or Graphite Capital or any other person to be licensed, registered or approved or to comply with any other regulatory requirements in any other jurisdiction. Persons in respect of whom such prohibitions or requirements apply must not access this Website.

It is the responsibility of any persons who wish to express an interest in any investment opportunity to inform themselves of, and to observe, all applicable laws and regulations. Visitors to the Website are encouraged to seek individual independent advice from their financial, legal, tax and other advisers before making any investment or financial decisions or purchasing any financial, securities or investment related service or product. Nothing contained on the Website constitutes or should be construed to constitute investment, legal, tax, regulatory, financial, accounting or other advice or as a recommendation by Graphite Enterprise, Graphite Capital or any other person. Graphite Enterprise will not regard any user of this Website as its client for any purposes relating to the Financial Services and Markets Act 2000 and will not owe any duties to such person in accordance with the provisions of the FCA rules that regulate the relationship between a regulated firm and its clients. Therefore, the protections afforded to customers under the UK regulatory system will not be available to users of this Website.

The server on which this Website is maintained is located in England and the information delivered via the Website is deemed to have been delivered in England. Further information regarding Graphite Enterprise may be available by contacting Graphite Enterprise directly as set out at the end of these terms.

Scope of use

You agree to use the Website only for lawful purposes and in a manner consistent with their intended use and these terms of use. Graphite Enterprise may, at any time, at its sole discretion and without notice, prohibit access to the website to any user. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Website will damage the Website.

Graphite Enterprise and/or its licensors/Graphite Capital own all intellectual property rights in the Website. You are invited to view, use, print and download small portions of the contents of the Website as reasonably required for your informational, non-commercial or domestic use only, provided you also retain and do not delete any copyright, trademark and other proprietary notices contained in such content. You may not modify, publicly display, transmit (by electronic means or otherwise) distribute (in whole or in part) or show in public the Website or any portion thereof without Graphite Enterprise's prior written permission. You agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy the Website without Graphite Enterprise's prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass any security measures on the Website, or to interfere or attempt to interfere with the proper working of the Website.  In addition, you must not use the Website in a way which causes or may cause the Website or the service offered to be interrupted, damaged or impaired or that causes offence or detriment to any other person who uses the Website or any services offered.  Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright. 

Risk considerations

YOU SHOULD REMEMBER THAT THE VALUE OF INVESTMENTS AND THE INCOME FROM THEM MAY GO DOWN AS WELL AS UP AND IS NOT GUARANTEED.  INVESTORS MAY NOT GET BACK THE AMOUNT OF MONEY INVESTED. PAST PERFORMANCE CANNOT BE RELIED ON AS A GUIDE TO FUTURE PERFORMANCE OR RETURNS.

Expressions and opinions on the Website, if any, represent the views of Graphite Capital and may be subject to change without notice. Any views are provided for information purposes only based on documents in the public domain and should not be construed as constituting financial, accounting, investment, legal, tax, consulting or other professional advice nor be relied upon in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment decision.

Affiliates, directors, officers and/or employees of Graphite Enterprise may have holdings in Graphite Enterprise investment products or may otherwise be interested in transactions effected in investments mentioned on this website. Potential investors should refer to the applicable offering documents for any investment product and in particular, the potential conflicts of interest discussed therein.

Complaints should be addressed to the Compliance Officer at Graphite Enterprise at the address shown above. In addition, complaints may be addressed directly to the Financial Ombudsman, South Quay Plaza, 183 Marsh Wall, London E14 9SR.

Please note that the information set out here does not exclude or restrict any duty or liability to customers of Graphite Capital or Graphite Enterprise under the UK financial services regulatory system.

Accuracy of information

Although reasonable care has been taken by Graphite Enterprise and Graphite Capital to ensure that the information contained within the Website is accurate at the time of publication, no representation or warranty (including liability towards third-parties), expressed or implied, is made as to its accuracy, reliability, suitability, completeness, fitness for any purpose or freedom from viruses by Graphite Enterprise (or Graphite Capital), or its subsidiaries or contractual partners. Graphite Enterprise, Graphite Capital or their subsidiaries or contractual partners will not be liable for any direct, indirect, incidental, special or consequential loss or damages (therefore including any loss whether or not it was in the contemplation of the parties) caused by reliance on this information or for the risks inherent in the financial markets. Neither Graphite Enterprise nor Graphite Capital accepts any responsibility for updating any information contained within the Website, correcting any inaccuracies or for providing any further or supplemental information to any person.

In particular, but without prejudice to the generality of the foregoing, no representative or warranty is given as to the achievement or reasonableness of any future projections, forecasts, targeted or illustrative returns. Any past performance information contained with the Website is not an indication of future performance. It may not have been audited or verified by an independent party and should not be seen as an indication of returns which might be received by investors in any investment product. Similarly where projections, forecasts, targeted or illustrative returns or related statements or expressions of opinion are given they should not be regarded by any recipient as a guarantee, prediction or definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Any performance information provided on a ‘gross’ basis does not reflect any management fees, carried interest, taxes and allocable expenses borne by investors which in the aggregate may be substantial.

To the maximum extent permitted by applicable law and regulatory requirements (which means that neither Graphite Capital or Graphite Enterprise do not seek to exclude or limit any statutory rights to which you are entitled, more information about which can be obtained from your local Trading Standards office), Graphite Enterprise, Graphite Capital and their subsidiaries or contractual partners specifically disclaim any liability for errors, inaccuracies or omissions on the Website and for any loss or damage resulting from its use. You agree to assume responsibility for determining whether any legal or regulatory considerations limit access to or use of information, services or products described on the Website and for the use of any information on the Website. Graphite Enterprise, together with Graphite Capital, take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which Graphite Enterprise (or Graphite Capital) accept no responsibility. 

Nothing in these terms shall or is intended to exclude or limit Graphite Enterprise's, Graphite Capital's or their subsidiaries' or contractual partners' liability for personal injury or death resulting from its negligence or for fraudulent misrepresentation.

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 EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Amendments to the site

Graphite Capital and/or Graphite Enterprise make changes periodically to the information on the Website and may modify these terms and conditions at any time, without prior notice, by posting the modified version on the Website and revising the “last updated” notice at the top of this page. Modifications to these terms will automatically be effective after they are initially posted on the Website. Please check these terms periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. 

Linked websites

The Website may contain or be linked to websites, advice or statements of third parties and such links are for information purposes only and do not indicate any association with or endorsement by Graphite Enterprise or Graphite Capital of such linked site. Graphite Enterprise or Graphite Capital do not have control over such third party websites and therefore make no representation as to the accuracy or timeliness of such information, have not and will not review or update such information and caution viewers that any use made of such information is at their own risk.

Cookies and data

Cookies are small pieces of information stored by your browser on your computer's hard drive. The Website uses cookies to allow us to understand who has seen which pages, to determine how frequently particular pages are visited and to determine the most popular areas of the Website.

Most web browsers automatically accept cookies, though you do not have to. Neither Graphite Capital nor Graphite Enterprise control the use of cookies by third parties. If you wish to disable cookies then you can do so by readjusting your browser settings although please note that by disabling cookies you may not be able to use all features of the Website.

For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

Information that you provide to us via the Website, or when you contact us by email or phone, will only be used by Graphite Enterprise, Graphite Capital or other members of the Graphite Capital group where relevant for the purpose of responding to your enquiries and otherwise in accordance with relevant laws and regulations.

Your use of the services on this Website may be monitored by Graphite Enterprise, Graphite Capital or other members of the Graphite Capital group, and the resultant information may be used for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.

Please note that calls made to the F & C Investor Services Team will be recorded for training & monitoring purposes.

Service Access

We provide no warranty that the Website will be available at any time. We will attempt to correct all faults as soon as we reasonably can. You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communication to use by means of the Website, you do so at your own risk. Neither Graphite Enterprise nor Graphite Capital can guarantee that such communications will be intercepted or changed or that they will reach the intended recipient safely.

Severability

If any provision of these terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision shall not be affected or impaired in any way thereby.

Governing Law and Jurisdiction

These terms and the rights and obligations of any recipient or viewer of the Information (and any person that they represent) arising out of or in connection with it, the Site or the Information, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of England and Wales and any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England of Wales.

Contact Details

The address for Graphite Enterprise is set out above. If you have any queries regarding this website or would like any further information about Graphite Enterprise, please send an email to gpe@graphitecapital.com or phone 020 7825 5300.

VAT number

Graphite Enterprise’s VAT number is 397 0630 32.

Disclaimer

The information contained herein and on the pages that follow does not constitute an offer to sell, or the solicitation of an offer to acquire or subscribe for, any securities in any jurisdiction where such an offer or solicitation is unlawful or would impose any unfulfilled registration, qualification, publication or approval requirements on ICG Enterprise Trust PLC (the "Company") or its affiliates or agents. Equity securities in the Company have not been and will not be registered under the applicable securities laws of the United States, Australia, Canada, Japan or South Africa. The equity securities in the Company referred to herein and on the pages that follow may not be offered or sold within the United States, Australia, Canada, Japan or South Africa, or to any U.S. person ("U.S. Person") as defined in Regulation S under the U.S. Securities Act of 1933, as amended (the "U.S. Securities Act"), or to any national, resident or citizen of Australia, Canada, Japan or South Africa.

The promotion of the Company and the distribution of this website and the materials contained by it in the United Kingdom are restricted by law. Accordingly, this website and any materials contained by it should only be accessed by, and are directed only at:

(i) persons outside the United Kingdom to whom it is lawful to communicate to; or

(ii) persons having professional experience in matters relating to investments who fall within the definition of "investment professionals" in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended); or

(iii) high net worth companies, unincorporated associations and partnerships and trustees of high value trusts as described in Article 49(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended),

provided that in each case the website and any materials in are only directed at persons who are "qualified investors" as defined in article 2(1)(e) of Directive 2003/71/EC (as amended) (the "Prospectus Directive") ("Relevant Persons"). Accordingly, this website does not constitute, and does not contain the information required to be contained in, a prospectus as required under the Prospectus Directive.

This website is communicated by ICG Alternative Investment Limited (“ICG AIL”), which is authorised and regulated by the UK Financial Conduct Authority. In communicating this website ICG AIL is acting for the Company and is not responsible for advising persons viewing this website or any other person, or for providing them with the protections which would be given to those who are clients of ICG AIL under the rules of the FCA.

The information on the pages that follow may contain forward looking statements. Any statement other than a statement of historical fact is a forward looking statement. Actual results may differ materially from those expressed or implied by any forward looking statement. The Company does not undertake any obligation to update or revise any forward looking statements, whether as a result of new information, future events, or otherwise. You should not place undue reliance on any forward looking statement, which speaks only as of the date of its issuance.

Your access to this website is governed by the above terms. The Company may change these terms. The changes will be posted on the website. Your access to this website is governed by the version of these terms then in force.

By clicking "I understand and agree" below, you represent, warrant and agree that you (1) have read and understood these terms and the other information set out above, (2) agree to be bound by the terms, (3) do not have a registered address in, and are not resident or located in, the United States, Australia, Canada, Japan or South Africa (or, if you do, you will not seek to make any investment in the securities of the Company), (4) are not a U.S. Person or a national, resident or citizen of Australia, Canada, Japan or South Africa (or, if you are, you will not seek to make any investment in the securities of the Company), (5) are permitted under applicable laws and regulations to receive the information contained in the pages that follow, and (6) agree that you will not transmit or otherwise send any information contained in this website to any person in the United States or to any U.S. Person for the purpose of that person considering an investment in the securities of the Company, or to any publication with a general circulation in the United States.

If you cannot so certify and agree, you must click the button labelled "I decline" or otherwise exit this website.