Conditions d’Utilisation

Terms & Conditions

This site is owned and operated by Montagu Private Equity LLP (“Montagu”), a limited liability partnership registered in England under number OC319972 whose registered office is at 2 More London Riverside, London, SE1 2AP.

Please read these terms and conditions carefully before using the site. These terms and conditions, together with the privacy policy (and any other agreements that govern your relationship with Montagu, including, without limitation, any partnership agreement(s) and subscription agreement(s) governing your investments in any funds managed by Montagu) (together, the “Additional Agreements”) apply to your use of this site. PARTICULAR ATTENTION IS DRAWN TO THOSE PROVISIONS WHICH LIMIT OUR LIABILITY, INCLUDING THOSE AT CLAUSE THREE.

If you do not wish to be bound by these terms and conditions and the terms of the additional agreements then you should not access any part of this site, including the investor area (https://secure2.reportingsystem.com/montagu). By using the site, you indicate that you agree to these terms and conditions (and any applicable provisions of any Additional Agreements).

Without prejudice to any other rights and remedies that it may have, Montagu may suspend or cancel your registration to this site immediately if it believes, in its absolute discretion, that you have not complied with any of these terms and conditions or any applicable provisions of any Additional Agreements.

Content and information

The commentary, information and other materials contained on the this site (the “Content”) is prepared solely for the purposes of providing information about Montagu and does not make any offer, inducement or invitation or give rise to any obligation or commitment unless expressly stated otherwise.

No warranty or representation (either express or implied) is given as to the accuracy or completeness the Content and you should not place any reliance on it. Any Content on the site may be out of date at any given time, and Montagu shall not be under any obligation to update such Content.

You should take all appropriate steps to verify all Content before acting upon it. You will bear the sole responsibility of evaluating the merits and risks associated with using any Content before making any decisions based on such Content. You agree not to hold Montagu liable for any possible claim for damages arising from any decision you make based on the Content made available to you through this site.

You are responsible for the content of and information contained in any communications you make via the site, including the lawfulness, truthfulness, decency and accuracy of any such communication.

Nothing on this site shall be deemed to constitute financial, legal, accounting, business, tax or other professional advice or services in any way. If any advice or guidance is required on Montagu's products or services, please contact Montagu or an independent professional adviser.

Nothing contained on this site should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, or provide investment advisory services or to engage in any other transaction.

Montagu may process certain information relating to your use of the site and any information supplied by you to Montagu via the site in accordance with our privacy policy.

Liability

By entering and using this site, you acknowledge and agree that the use of this site is at your own risk. To the extent permissible by applicable law, and subject to clause 5, Montagu shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit resulting from or arising out of:

 

  • any breach by you of these terms and conditions or any Additional Agreement
  • any act of omission of Montagu (including negligent acts or omissions);
  • the use of, or inability to use, this site, its Content or any material on any site linked to this site;
  • any Viruses or any other errors or defects or failures in computer transmissions or network communications; or
  • any changes made to the Content of this site by unauthorised third parties,

even if Montagu has been advised of the possibility of such damage.

All express or implied warranties or representations are excluded to the fullest extent permissible by law.

You agree to indemnify, defend and hold harmless Montagu from and against all claims, demands, liabilities, damages, losses or expenses, including legal fees and costs, arising out of or related to your improper access to or use of this site, or any breach by you of these terms and conditions.

Any software or Content which is downloadable from the site is downloaded at your own risk.

Nothing in these terms and conditions affects your statutory rights or excludes Montagu’s liability for:

 

  • death or personal injury arising from Montagu’s negligence;
  • fraud or fraudulent misrepresentation;
  • any duty or liability that Montagu has to any person under the regulatory system in the United Kingdom; or
  • any other loss or damage which cannot be excluded or limited under applicable law.

Security

Montagu cannot guarantee the privacy or confidentiality of any of your information which passes over the internet. In accessing and using the site you accept that electronic communications may not be free from interference by third parties.  For the avoidance of doubt, Montagu will not be liable for any loss arising out of any such interference.

If you knowingly use viruses, trojans, worms, logic bombs, denial of service attacks or other material which is malicious or technologically harmful in nature on our site (together, “Viruses”), your right to use the site will cease immediately (without prejudice to all other rights and remedies we may have).

Montagu shall not be liable for any loss or damage caused by a Virus to your computer equipment, software, data or other proprietary material due to your use of the Site.

Financial Conduct Authority and Redress

Montagu is authorised and regulated by the Financial Conduct Authority (reference number 460940). You may access details of our registration on the FCA's website fca.org.uk.

Nothing in these terms and conditions shall exclude limit or restrict Montagu's responsibility to you under the Financial Services and Markets Act 2000 and any subsequent amending or replacement legislation which regulates the carrying out of investment or financial business in the United Kingdom or any conduct of business rules which Montagu is bound to comply with.

Montagu Private Equity Associates LLP

Montagu Private Equity Associates LLP ("MPEA") is a limited liability partnership registered in England and Wales under number OC339798 whose registered office is at 2 More London Riverside, London, SE1 2AP. References on this site to a Director in relation to MPEA are a member of MPEA and should be construed accordingly.

Autorité des Marchés Financiers

Montagu Private Equity SAS, a simplified stock company (société par actions simplifiée) incorporated in France under number B 447 775 669 RCS Paris, the share capital of which is 125,460 euros and having its registered office at 41 avenue George V - 75008 Paris, is the French portfolio management company affiliated to Montagu. The company is accredited by the Autorité des marchés financiers in France as portfolio management company under number GP 07000008. You may access details of our registration on the AMF website www.amf-france.org.

Jurisdiction

This site is controlled and operated by Montagu from the United Kingdom. The Content is intended to be communicated only to such persons as Montagu is legally able to send it and who are legally able to receive it in their jurisdiction of residence.  Montagu makes no representation that any Content is appropriate for any jurisdiction other than the United Kingdom.  Access to the site is not open to persons resident in, or citizens of any territory outside the United Kingdom where, to allow such access, would require any registration, filing, application for any licence or approval or other steps to be taken by Montagu in order to comply with local laws or other regulatory requirements in such overseas territory. If you choose to access this site outside of the United Kingdom, you do so at your own risk. When using this site you must comply with all applicable local, national and international laws and regulations.

Use of the Site is governed by English law, and you agree to submit any claim or dispute arising out of your use of the site to the non-exclusive jurisdiction of the English courts.

Site availability

To the extent permitted by applicable law, Montagu does not warrant that this site will be available at any time or that your access to the site will be uninterrupted, timely or free from Viruses.  If you are unable to access the site, please report this by e-mailing info@montagu.com.

Intellectual property

Elements of the Site, its Content and its underlying software are protected by copyright, trade marks and other intellectual property rights owned or controlled by Montagu or its licensors. You shall comply with all copyright notices or restrictions referred to on the Site and shall not use, copy or appropriate any Content or software which in any way infringes such intellectual property rights.

Unless prohibited by a notice published on any page, you may download and/or print a copy of such parts of the pages of the site as you may reasonably require for your own personal non-commercial use only, provided that any copy has attached to it the relevant proprietary notices and terms and conditions.

All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. Montagu does not warrant that this site does not infringe any intellectual property rights of third parties and you use any such third party content at your own risk.

Third party content and links

The site may contain links to other websites controlled by third parties (“Third Party Sites”) and/or content provided by third parties (“Third Party Content”). Montagu is not responsible for and makes no representations as to the content or accuracy of Third Party Sites or Third Party Content and the inclusion of any Third Party Content or links to Third Party Sites does not imply a recommendation or endorsement of any such content or site.

You may link to this site’s homepage provided that:

  • you do so in a way that, in Montagu’s sole discretion:

                 - is fair and legal

                 - does not damage or take advantage of Montagu’s reputation; and

                 -does not imply any form of association, approval, recommendation or endorsement on                   the part of Montagu;

 

  • the text of the link must read either "Montagu Private Equity LLP" or "montagu.com”. You may not use any Montagu logo or graphic, as part of the link without Montagu’s prior written consent; and
  • you must not establish a link to this site that is not owned by you.

For the avoidance of doubt, you may not link to any page other than the site’s homepage and you may not link to the site using ‘deep hyperlinks’, ‘framing’ or any analogous method.

Acceptable use

You must not use this site for any unlawful, improper or illegal purpose or activity. Further, you must not use this site in a way which causes or may cause:

  • damage to the reputation of Montagu;
  • this site or the services offered through this site to be interrupted, damaged or impaired;
  • offence or detriment to any other person who uses the site;
  • Montagu, you or any other user of this site to be in breach of any applicable law or regulation; or
  • detriment to any person who supplies services to Montagu in connection with this site.

The use of automated systems or software to extract data from this website for commercial purposes (‘screen scraping’) is strictly prohibited.

Amendments

Montagu reserves the right to alter, adapt or otherwise change these terms and conditions from time to time.  Montagu may notify you of any changes using the e-mail address you gave to Montagu on registration or by an announcement on the site but shall not be required to do so.  You will be bound by the terms and conditions in force upon each visit to of the site and Montagu therefore recommend that you check for any updates to these terms and conditions upon each visit to or use of the site.

Severability

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

Confidentiality

You undertake that you will not at any time hereafter use, divulge or communicate to any person, except to your professional representatives or advisers or as may be required by law or any legal or regulatory authority, any information which is contained on this site and which is designated as confidential or proprietary by Montagu at the time of disclosure, or which considering all the circumstances surrounding the disclosure, ought reasonably to be understood by you to be confidential, including without limitation, the reports, drawdown and distribution notices, fund documentation and correspondence published on this site and you shall use your reasonable endeavours to prevent the publication or disclosure of the same.

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

Thank you for visiting our site.

© Montagu Private Equity LLP 2016. All rights reserved.

Last Updated July 2016