Terms and Conditions
Please read the following information carefully. The information contained on these website pages (this “Site”) is communicated and issued by Ethemba Capital in accordance with the following terms and conditions. By accessing any part of this Site, you will be deemed to have accepted the terms and conditions in this Legal Notice in full. If you do not accept these terms and conditions please do not continue to access this Site.
Ethemba Capital
Ethemba Capital Limited is an exempted company incorporated in the Cayman Islands (registered number OG-168945). Its registered seat is at PO Box 1234GT, Queensgate House, South Church Street, Grand Cayman, Cayman Islands.
Ethemba Capital Limited is advised by Ethemba Capital LLP, a limited liability partnership incorporated in England (registered number OC320068) and an investment advisory firm authorised and regulated by the UK Financial Services Authority (“FSA”) with FSA firm reference number 457285. Its registered offices are at 43 Portland Place, W1B 1QH London. The website of the FSA can be accessed at www.fsa.gov.uk.
References on this Site to “Ethemba Capital”, “we” and “our” are to Ethemba Capital Limited. The term “Partner” is used on this Site to refer to members of Ethemba Capital LLP.
Limited Audience
The content of this website is only directed at persons in the United Kingdom who are “Investment Professionals” (being persons having professional experience in matters relating to investments) within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 or who are persons to whom any of paragraphs (2)(a) to (d) of Article 49 (high net worth companies, unincorporated associations etc.) of that Order apply. Ethemba Capital will engage in investment activity or controlled activity only with such persons. Persons in the United Kingdom that do not have professional experience should not rely or act upon the content of this website unless they are persons in the United Kingdom to whom any of paragraphs (2)(a) to (d) of Article 49 apply.
For the avoidance of doubt, any securities referred to in this Site (or in any information provided or discussed in connection with it) have not been, and will not be registered under the U.S. Securities Act of 1933 as amended (the “Securities Act”), or the securities laws of any state of the United States or other jurisdiction and the securities may not be offered or sold within the United States or to, or for the account or benefit of U.S. persons (as defined in Regulation S under the Securities Act), except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and in compliance with applicable state or local securities laws.
Note that where this Site includes forward-looking statements, including statements regarding target returns these are based on our beliefs, assumptions and expectations of our future performance, taking into account all information currently available to us. These beliefs, assumptions and expectations can change as a result of many possible events or factors, in which case our business, financial condition, liquidity, results of operations and actual returns may vary materially and target returns may be revised from those expressed in our forward-looking statements.
Note also that where this Site includes valuation data relating to Ethemba Capital and related data that has been derived from funds that it manages, none of this data has been audited and you should bear in mind that historical results of private equity and capital markets funds that Ethemba Capital has managed or sponsored in the past are not indicative of the future results that you should expect from us and temporary cash investments, non-private equity and capital markets investments and additional investments, may also have a material impact on our overall results.
The content of this Site does not constitute or form part of any offer or invitation to sell or issue, or any solicitation of any offer to purchase or subscribe for any securities, nor shall it (or any part of it) or the fact of its publication, form the basis of, or be relied on in connection with, any contract therefor. The distribution of the content of this Site in certain jurisdictions may be restricted by law. Persons in possession of this information are required to inform themselves about and to observe any such restrictions.
Disclaimers and Exclusion of Liability
Ethemba Capital acts for the clients it advises and not for anyone else. Ethemba Capital LLP acts only for Ethemba Capital. They will not act for, advise or be responsible for providing protections afforded to their customers to anyone other than clients it advises. Entrepreneurs and others working with Ethemba Capital LLP and Ethemba Capital should be aware of this and should not expect that they will be treated as customers of Ethemba Capital LLP and/or Ethemba Capital.
Please do not send us any confidential or proprietary material as we do not agree to obligations of nondisclosure or non-use of material which is sent to us. We receive a large number of business plans and other proposals, which may be similar to one another or overlap. We reserve the right to review only those which appear to us to fit our investment criteria from time to time and to reject proposals without giving a reason or returning material sent to us. We are not restricted in any way from pursuing opportunities with others. Ethemba Capital and clients it advises invest in many companies, some of which may compete with one another.
Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall as well as rise.
You should not rely on any information or opinions contained in this Site in making an investment or other decision but should obtain appropriate and specific professional advice. Nothing contained on this Site constitutes or should be construed to constitute investment, legal, tax or other advice. The information contained on this Site shall in no way be construed to constitute a recommendation with respect to the purchase or sale of any investment.
Whilst we aim to update this Site regularly, its content is provided in good faith “as is” for information purposes only with no representation or warranty, express or implied by us or by any of our directors or employees, as to its accuracy or completeness or that it is up to date, and it should not be relied on as such.
To the fullest extent allowed by law, neither Ethemba Capital Limited, its directors and employees nor Ethemba Capital LLP shall be liable, whether in tort (including negligence) or otherwise howsoever, for any losses, damages, costs or expenses of whatever nature (including without limitation any consequential, indirect or unforeseeable loss or loss of bargain, opportunity or profit) incurred or suffered by you or any third party arising out of or in connection with the access to or use of, or linking to other Sites from, this Site or reliance on any information contained on this Site. Nothing in this Legal Notice shall limit our liability for death or personal injury resulting from our negligence.
Intellectual Property Rights
The name “Ethemba” and the Ethemba logo and all intellectual property rights in this Site are owned or licensed by us and protected by law. We reserve all such rights save that you may print and download extracts from any part of this Site for your personal reference or to bring to the attention of others within your organisation.
You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text and the status of Ethemba Capital, and our contributors as the authors of material on this Site must always be acknowledged. You may not modify or use any content from this Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Content and Access
We may withdraw or change Site content at any time without notice and, if the need arises, we may suspend access to this Site, close it indefinitely or restrict access to users who have registered with us.
You agree to treat any user identification code, password or other piece of information used as part of our security procedures as confidential and not disclose it to any third party. We may disable your access if in our opinion you have failed to comply with any of the terms of this Legal Notice.
Your Information, Privacy and Cookies
Any personal data provided by you through this Site is accurate to the best of your knowledge and you consent to us processing such information for the purpose you requested. We will process such information only for this purpose.
This Site does not automatically capture or store your personal data, other than to record your IP address and session information (such as duration of your visit and browser used) for administration and compilation of Site use statistics.
Links
Links to other websites and resources provided by third parties are provided for your information only; we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may link to this Site home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or suggest any form of association, approval or endorsement by us where none exists. You may not create a link to any other part of this Site, establish a link from any website that is not owned by you or frame this Site in another website. We reserve the right to withdraw linking permission without notice.
Viruses
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, worm, trojan horse or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material from it.
Governing Law
This Site including this Legal Notice and all matters arising from or connected with them shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
Variations
Some terms in this Legal Notice may be superseded by specific provisions published elsewhere on this Site. We reserve the right to vary these terms from time to time by amending this page and you should check it from time to time to note any changes made.