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Kedge Capital - Our funds

Legal notice

The provisions of this legal notice ('Legal Notice') apply to the entire contents of this website under the domain name www.kedgecapital.com (the 'Website'). Please read the following terms carefully before using this Website. By using this Website you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.

  1. Introduction
    1. This Legal Notice is issued by Kedge Capital Fund Management Limited ('Kedge Capital') - regulated under the Financial Services (Jersey) Law 1998 as a Fund Services Business by the Jersey Financial Services Commission.
    2. By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, you must leave this Website immediately and not use any information contained in it for any purpose.
    3. Kedge Capital may revise any provision or the whole of this Legal Notice at any time by updating this posting and without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any revisions. You should check this Website from time to time to review the then current Legal Notice as its provisions are binding on you. Certain provisions of this Legal Notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
  2. License
    1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Kedge Capital, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
    2. You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:
      1. no documents or related graphics on this Website are modified in any way;
      2. no graphics on this Website are used separately from accompanying text; and
      3. all copyright and trade mark notices and this permission notice appear in all copies.
    3. Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Kedge Capital's prior written permission.
    4. You may link to the home page of this Website as long as the link does not cast Kedge Capital or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with Kedge Capital or any of its affiliates.
    5. Any rights not expressly granted in this Legal Notice are reserved.
  3. Service access
    1. Neither Kedge Capital nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
    2. Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in Kedge Capital or any of its affiliates' absolute discretion.
  4. Visitor material and conduct
    1. You are prohibited from posting or transmitting to or from this Website any material:
      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      2. for which you have not obtained all necessary licences and/or approvals; or
      3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    2. You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
    3. Kedge Capital shall fully co-operate with any law enforcement authorities or court order requesting or directing Kedge Capital to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or 4.3.
  5. Links to other websites
    1. Any links to third party websites (including, without limitation, websites of any of Kedge Capital's affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. Kedge Capital has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Kedge Capital therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
  6. Submissions
    1. Kedge Capital and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, 'submissions').
    2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain Kedge Capital's sole property, unless otherwise agreed in writing and duly signed by Kedge Capital or any of its affiliates.
    3. Kedge Capital and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display, sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither Kedge Capital nor any of its affiliates will owe you or any person compensation for any submissions. Whether Kedge Capital or its affiliates will use any submissions is entirely at their sole discretion.
  7. Privacy Statement
    1. This Privacy Statement explains how Kedge Capital and its subsidiaries and affiliates process the personal data of individuals with whom we interact, including but not limited to visitors to our websites.
    2. Our Privacy Statement will help you understand the information we collect, how we use it, and what choices you have. This privacy statement applies only to the www.kedgecapital.com website (the Website) provided by Kedge Capital ("we", "us", "our").
    3. Purpose of this Website
      1. The Website is an information Website designed to present the portfolio management business of Kedge Capital and its affiliates.
    4. What personal information do we collect when you visit our Website?
      1. We do not collect personal data about you through your use of our website and our Website does not use cookies.
      2. Personal data may be collected about you from direct interactions with you when you choose to contact us using the postal mail address provided.
    5. How will we use information about you?
      1. Your personal data may be processed by us or our sub-processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes;
        1. to respond to any queries you may have contacted us about.
        2. to send you updates on the performance of a fund or other newsletters which we will do on the basis of our legitimate interest if you are a current or potential investor.
        3. to comply with legal or regulatory requirements
        4. where you contact us by email, we will scan these (including attachments) for viruses or malicious software, to process and manage email traffic, and to store personal data on our system to pursue our legitimate interests including for document retention purposes; and
        5. such other actions as are necessary to manage our activities or those of a Fund, and enforcing or defending our rights and / or interests or those of a Fund, in order to comply with their legal, tax or regulatory obligations and / or to pursue legitimate interests.
      2. Our legal basis for collecting and using the personal information described above will depend on the following context: where it is necessary for our legitimate interests or those of a third party, and where your interests and fundamental rights are not overridden by those interests, or where we need to comply with a legal or regulatory obligation.
    6. Storage of your personal information
      1. We may from time to time disclose your information to our affiliates in Switzerland and the UK. Any information sent outside of Jersey or the EEA is protected by stringent contractual clauses. The European Commission has decided that both Jersey and Switzerland have been approved as having an adequate level of protection for personal data.
      2. We use WhatsApp for some of our internal messaging. If your contact details (name, email and phone number) are on our Personnel’s mobile devices, these details will automatically be shared with WhatsApp. Please see WhatsApp’s Privacy Notice for more details.
    7. Your Rights
      1. You have the right to request access to the personal information that you have submitted to us, view, modify or delete it, and to object to processing, restrict processing or request portability, as well as to withdraw consent to us sending you any further communications by simply sending us an email at Client_Services@kedgecapital.com.
      2. You have the right to complain to a data protection authority about our collection and use of your personal information.  For more information, please contact the Jersey Office of the Information Commissioner, or by searching their website at https://oicjersey.org. You may also contact our EU representative Information Commissioner at https://ico.org.uk/ Changes to this privacy statement
    8. Our EU representative is Waypoint Corporate Services Ltd, registered in the UK at 1 Curzon Street, London, W1J 5HD, with company registration number 07844727. Waypoint Corporate Services’ ICO data protection registration number is ZA046231
    9. Changes to this Privacy Statement
      1. This statement is subject to the occasional revision, and if we make any substantial changes to the way we collect information via the Website, we will prominently post a notice of the change on the Website's home page.
    10. Questions
      1. If you have any questions about this privacy statement, please contact us at DPPC@waypointcapital.net
  8. Past Performance
    1. Past performance is no indication of future performance and nothing on this Website should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested.
  9. Disclaimer
    1. The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer to sell or solicitation of any offer to buy an interest in any investment made by or any investment fund managed by Kedge Capital or any of its affiliates. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Neither Kedge Capital nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.
    2. Whilst Kedge Capital uses commercially reasonable efforts to post information on this Website that is correct, Kedge Capital does not warrant the accuracy or completeness of the material on this Website. Kedge Capital may make changes to the material on this Website at any time without notice. The material on this Website may contain typographical or other errors or may be out of date. Kedge Capital makes no commitment to update such material.
    3. THE MATERIAL ON THIS WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEDGE CAPITAL PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT KEDGE CAPITAL AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
  10. Liability
    1. KEDGE CAPITAL, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) AND EACH OF KEDGE CAPITAL'S AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE
    2. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ANY PERSON'S LIABILITY FOR:
      1. DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY APPLICABLE LAWS);
      2. FRAUD OR FRAUDULENT STATEMENTS; OR
      3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    3. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF ANY SERVICING, REPAIR OR CORRECTION.
  11. Indemnity
    1. You agree to indemnify and keep indemnified and covenant to hold harmless Kedge Capital and its affiliates against any cost, loss, liability, including present and future damages, claim or expense (including legal and other professional fees) incurred by Kedge Capital or any of its affiliates in connection with or arising out of: (i) your use of this Website; (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights.
  12. Governing law and jurisdiction
    1. This Legal Notice and your use of the Website shall be governed and construed in accordance with the laws of Jersey. Disputes arising in connection with any provision of this Legal Notice or your use of the Website shall be subject to the exclusive jurisdiction of the Royal Court of Jersey.
Waypoint Capital