Terms Of Use

Effective Date – 05/05/2022

These terms and conditions of use (these “Terms of Use”) tell you the rules for using our website available at www.primary.pe (the “Site”) and any information, content or materials published on, or available via, our Site (together, the “Content”). These Terms of Use govern and condition access to, and use of, this Site and its Content by each visitor to this Site (“you” or “your”).

These Terms of Use are designed to describe the following:

WHO WE ARE AND HOW TO CONTACT US.

This Site is operated and owned by Primary Capital Partners LLP (“we”, “our”, “us”).

Our registered address is at Augustine House, 6a Austin Friars, London EC2N 2HA, England.

To contact us about these Terms of Use or anything else relating to your use of this Site, please email contact@primary.pe.

BY USING OUR SITE, YOU ACCEPT THESE TERMS OF USE.

By accessing and continuing to use our Site, you confirm that you accept these Terms of Use, and acknowledge and agree that these Terms of Use govern and condition your access to, and use of, our Site and any Content.

If you do not agree to be bound by these Terms of Use, you may not access or use our Site and should leave immediately.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.

WE MAY MAKE CHANGES TO THESE TERMS OF USE.

We may amend these Terms of Use from time to time without notice. If that happens, the new version of these Terms of Use will be made available on this page.

Every time you wish to use our Site, please check these Terms of Use to ensure that you understand the terms and conditions that apply to our Site and its Content at that time.

WE MAY MAKE CHANGES TO OUR SITE.

We may update and change our Site and/or any Content from time to time without notice. This could be, for example, to reflect changes to the features and functionalities of our Site, the state of current technology or market practice, applicable law or regulation and/or our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE.

Our Site is currently made available free of charge.

We do not guarantee that our Site and/or any Content will always be available free of charge, or generally available. We may suspend or withdraw, or restrict the availability of, all or any part of our Site for business and operational reasons.

NOT FOR CONSUMERS.

We offer professional services. As such, our Site, the Content and our services are not directed at, or intended for use or consumption by, persons acting in a personal capacity as consumers. Accordingly, we recommend that, if you are acting in a personal capacity as a consumer, you leave our Site immediately and do not access any Content.

REGULATORY DISCLAIMERS.

We are the manager of the Primary Capital Partners LLP Funds (the “Funds”). The Funds are unregulated collective investment schemes for the purposes of the Financial Services and Markets Act 2000, and as such their promotion is severely restricted by law. The information available on our Site is directed only at professional clients and eligible counterparties (as defined by applicable law). Consequently, the information available on our Site is only intended for, and made available to, authorised persons and those to whom the Funds can properly be promoted under applicable law (including the Financial Services (Promotion of Collective Investment Schemes) (Exemptions) Order 2001, and COBS 4.12 in the FCA Handbook).

In addition, our Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of our Site is prohibited.

Nothing on our Site is intended to be a form of advice, and prospective investors should consult their own professional advisers as to the legal, tax, financial or other matters relevant to the suitability of an investment in the Funds. The value of your investment may fall as well as rise, and it is possible that you may get back less than you invested. When making an investment decision, you should not rely on any information set out on our Site.

YOUR PRIVACY.

Please see our Privacy Policy to understand how we collect, process and share your personal data in relation to your use of our Site.

HOW YOU MAY USE CONTENT FROM OUR SITE.

We are the owner or the licensee of all rights (including intellectual property rights) in our Site and any Content. The Site and the Content are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, graphics, photographs, video or audio sequences available on our Site separately from any accompanying text.

Our status and/or that of any other identified authors as the authors of the Content must always be acknowledged.

You must not use any part of the Content on our Site for commercial purposes (other than internal business purposes).

If you print off, copy or download any Content or other part of our Site in breach of these Terms of Use, your right to use our Site and its Content will cease immediately and you must, at our option, return or destroy any copies of the Content you have made or that have been made on your behalf.

DO NOT RELY ON CONTENT.

The Content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.

Although we make reasonable efforts to update the Content on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO.

Where our Site contains links to other websites and/or third-party content, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or any content you may obtain from them.

We have no control over the contents of such third-party websites, and disclaim all liability in that respect.

This applies, in particular, to your access to, and use of, the website www.pearonline.com which provides our investor portal, which is subject to that website’s own terms and conditions of use.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, and for fraud or fraudulent misrepresentation.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct, indirect, consequential, special or otherwise arising under or in connection with these Terms of Use, including use of, or inability to use, our Site or any Content. Without limitation to the previous sentence, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation suffered by you or anyone else as a result of your use of our Site and Content.

We provide our Site and the Content to you ‘as is’. To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any Content.

WE ARE NOT RESPONSIBLE FOR VIRUSES.

We do not guarantee that our Site and the Content will be secure or free from bugs or viruses.

You are responsible for configuring your device, computer programmes and networks to access our Site and our Content in a secure way. You should use your own virus protection software.

RESTRICTIONS.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and the Content will cease immediately.

You may not access without authority, interfere with, damage or disrupt:

any part of our Site or any Content;
any equipment or network on which our Site or any Content is stored; or
any software or other systems or equipment used in the provision of our Site or any Content.

In addition to the general restrictions described above, you must not:

reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose all or any portion of our Site or any Content;
use manual methods or any software, devices, scripts, robots or any other means or processes (including so-called ‘spiders’, ‘bots’ and ‘crawlers’) to scrape our Site and/or its Content, or otherwise create or compile (in single or multiple downloads) a collection, compilation, database or directory from our Site or its Content, and you must not bypass or seek to bypass any robot exclusion headers we may implement; or
reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for our Site and/or its Content (unless permitted by either applicable law or the terms of an open source licence to which the relevant technology is subject).

RULES ABOUT LINKING TO OUR SITE.

You may link to the home page of our Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not include a link to our Site on any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

BREACH OF THESE TERMS OF USE.

When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate including, without limitation, immediate, temporary or permanent withdrawal of your right to use our Site or its Content and/or taking legal action against you.

OUR TRADE MARKS ARE PROTECTED.

All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on our Site are our property or the property of certain other third-parties. You are not permitted to use these Marks without our prior written consent.

LAW AND JURISDICTION.

Governing Law. These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

Jurisdiction. We each irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use and all matters arising from it (including any dispute relating to the existence, validity or termination of these Terms of Use, or any contractual or non-contractual obligation).