Terms & conditions

Terms & Conditions

The information on this website is issued by Darwin Private Equity LLP (“Darwin”), whose registered office is at 15 Bedford Street, London WC2E 9HE. Darwin is authorised and regulated by the Financial Conduct Authority (FCA) in the conduct of its designated investment business. Access to and use of this website is subject always to the following terms and conditions and by using this website you accept these terms and conditions. Darwin reserves the right to grant access to this website at its absolute discretion.

Disclaimers

The information contained on Darwin’s website is provided for general information only. It is not intended to be a comprehensive account of Darwin’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 contained on Darwin’s 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 this website should rely for financial, securities, investment or other advice or to take any decision. Nothing on this site shall be deemed to constitute financial or other professional advice in any way. Visitors to this website are encouraged to seek individual independent advice from their financial, legal and other advisers before making any investment or financial decisions or purchasing any financial, securities or investment related service or product. 

Darwin Clients

The services and activities referred to within this website are not available to Retail clients as defined within COBS 3.4 of the FCA handbook, and are only open to individuals/entities that fall within an eligible category contained within COBS 3.5 and COBS 3.6. If you are uncertain with regards to your eligibility in this regard, you are advised to seek independent financial/professional advice.

Darwin Funds

The funds referred to within this website are classified as Unregulated Collective Investment Schemes (UCIS) for FCA purposes because they are not authorised or registered with the UK Financial Conduct Authority. As a result of this status, investors may not or are unlikely to have access to the protections afforded under the Financial Ombudsman Service (FOS) or Financial Services Compensation Scheme (FSCS) within the UK. UCIS Funds are considered as higher risk investments and are therefore not suitable for all types of investor. In particular, investment and marketing of such funds is specifically restricted to persons falling within a Category defined under COBS 4.12. If you are unsure with regards to your eligibility in this regard or the risks associated with UCIS funds, you are advised to seek independent financial/professional advice.

Residence

This site is controlled and operated by Darwin from the United Kingdom. Darwin makes no representation that any material contained on this site is appropriate for any other jurisdiction. The information in this website does not constitute either an offer to sell or a solicitation or an offer to buy in a country in which this type of offer or solicitation is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation to do so, or at all. Should you choose to access this site from any location other than the United Kingdom, you are responsible for compliance with all applicable local laws.

Limitation of liability

By entering this site, you acknowledge and agree that the use of this site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this site or for reliance on any material on any site linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. We do not warrant that this site does not infringe any intellectual property rights of third parties.

None of the statements on the website excludes or restricts any duty or liability that Darwin has under the FCA rules or the Financial Services and Markets Act 2000 or 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 we are bound to comply with nor do they restrict or exclude liability for personal injury or death resulting from Darwin’s negligence or for fraudulent misrepresentation.

You should remember that the value of investments, and the income from them, may go down as well as up, and is not guaranteed, and investors may not get back the amount of money invested. Past performance cannot be relied on as a guide to future performance or returns. Levels of taxation will depend on the individual circumstances of investors.

Expressions and opinions on this website represent the views of Darwin, which may be subject to change without notice.

Affiliates, directors, officers and/or employees of Darwin may have holdings in Darwin investment products or may otherwise be interested in transactions effected in investments mentioned on this website.

Unless otherwise specifically agreed, Darwin will not treat users of this website as its clients for the purposes of the UK regulatory system. Consequently, the protections provided to clients under the UK regulatory system will not be available to users of this website.

Complaints should be addressed to the Compliance Officer at Darwin at the address shown above.

Scope of use

Darwin and/or its licensors own all intellectual property rights in the web site including the screen displays, the content, the text, graphics and look and feel of the site. Darwin invites you to view, use, print and download small portions of the contents of this website for your informational, non-commercial 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, copy, publicly display or distribute the website or any portion thereof without Darwin’s prior 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.

Accuracy of information

Although Darwin has taken all reasonable care that the information contained within this 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 or completeness or fitness for any purpose by Darwin, or its subsidiaries or contractual partners. You should take appropriate steps to verify all information on this site before acting on it.

Amendments to the site

This website is subject to regular update and revision. Whilst we attempt to ensure the accuracy and timeliness of all material posted on the website, we take no responsibility for errors or omissions which are the result of technical causes, or otherwise. We maintain the right to delete or modify in part or in full any information on this website without prior notice. We may update these terms and conditions from time to time and we will notify you of any changes using the e-mail address you gave to us on registration or by an announcement on the website. The changes will apply to the use of the site after such notice.

Linked websites

Darwin’s 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 Darwin of such site. Darwin does not have control over such third party websites and therefore makes no representation as to the accuracy or timeliness of such information, has not and will not review or update such information and cautions viewers that any use made of such information is at their own risk.

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.

Assignment

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

Governing law and jurisdiction

These terms and any dispute arising out of them are governed by and interpreted in accordance with the laws of England and Wales. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact details

The address for Darwin is set out above. If you have any queries regarding this website or would like any further information about Darwin, then you may send an email to contact@darwinpe.com or phone 020 7420 0750.