Website terms of use

This website (including any applications contained thereon) (“the Website”) is issued by Intermediate Capital Group plc (“ICG plc”).

Please read these terms of use (the “Terms”) carefully before using the Website. The Terms govern your use of the Website and, by accessing the Website, you are deemed to accept the Terms. If you do not agree to the Terms, you must not use the Website and should exit it immediately.

The website is for informational purposes only and does not constitute an offer for products or services in any jurisdiction in which such a solicitation would be unlawful or to any person to whom it would be unlawful. Moreover, it neither constitutes an offer to enter into an investment agreement, nor an invitation for such an offer.

Disclaimer

The content of the Website is provided for general information purposes only and is not intended to constitute or substitute for investment, legal, tax or other professional advice. You should not take any actions based on information found on the Website without seeking professional advice.

ICG plc makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services and other content contained on the Website. ICG plc cannot guarantee that the Website and its content will always be correct or fault, error and virus free.

ICG plc does not accept liability for incorrect content or errors and omissions in the Website or its content but endeavours to correct them as quickly as practicable. ICG plc will not be liable for any data lost or any equipment or software replaced by you as a result of you using the Website.

Certain information on the Website may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. These forward-looking statements speak only as of the date on which they are made. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances. Accordingly, there are or will be important factors that could cause actual outcomes or results to vary materially from those indicated in these statements. These forward-looking statements can be identified by the use of forward-looking expressions, including, but not limited to the terms ‘believes’, ‘estimates’, ‘anticipates’, ‘expects’, ‘seek’, ‘intends’, ‘may’, ‘predict’, ‘will’, ‘indicator’ or ‘should’ or, in each case, their negative or other variations or similar expressions, or by discussions of strategy, plans, objectives, goals, future events or intentions.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, ICG plc shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with the Website or any use of content provided on the Website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill).

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User rights and intellectual property rights

No part of the Website may be reproduced in any form, or referred to in any other publication without the express written consent of ICG plc.

All rights in the Website and the content of the Website including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to ICG plc and/or its licensors.

You agree not to do anything, or permit anything to be done, which may reflect badly upon, or be detrimental to the intellectual property rights, or which may be inconsistent with or damage the good name, reputation or image, of ICG plc and/or any of its licensors.

In consideration for your accepting, and abiding by, the Terms, ICG plc grants you the right to access and use the Website for your own use, in connection with obtaining certain information and services from ICG plc and otherwise conducting business with ICG plc, at all times for information purposes, only.

You may not otherwise use or access any part of the Website or its content directly or indirectly, nor authorise, enable or assist any third party to do so. You may also not remove, change or obscure any trade mark or notice of proprietary rights on any part of the Website or its content.

You will indemnify, and keep indemnified, ICG plc from and against any loss, damage, cost, charge, claim, expense and other liability (including, without limitation, legal fees), incurred by or awarded against ICG plc as a result of, or in connection with, your use of the Website and/or its content otherwise than in accordance with the Terms.

Links

Any links to other Internet sites (the “Sites”) are included solely for your convenience. ICG plc makes no representation concerning the content of the Sites. ICG plc does not endorse the Sites, does not have the Sites under its control and is not responsible for the accuracy or completeness of the Sites. ICG plc assumes no liability for any loss or damage that may arise from your use of the Sites.

You may not link the homepage or any other parts of the Website without prior written consent from ICG plc.

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Privacy Policy

ICG plc will use only the personal data which you submit to us via the Website in accordance with our privacy policy.

Alterations

ICG plc reserves the right to terminate, suspend or alter the content of the Website and to amend the Terms at any time. Continued use of the Website after alteration of the Terms shall be deemed to constitute acceptance of such alterations.

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Investment information

The investment services and funds of ICG plc and its associated group companies (together the “ICG plc Group”) are not available to private investors.

The presentation of ICG plc Group funds and services on the website as well as the dissemination of the information on the Website may depend on local regulations. There is no intention to offer or sell funds or services in countries or jurisdictions where such offer or sale would be unlawful under the relevant domestic law. Investors must inform themselves about the laws which are in force in their country or jurisdiction. Funds mentioned on the Website are only available to institutional investors in jurisdictions where promotion and sales of their shares is permitted.

The Website is exempt from the scheme promotion restriction (in Section 238 of the Financial Services and Markets Act 2000) on the communication of invitations or inducements to participate in unrecognised and/or unauthorised collective investment schemes on the grounds that it is being made to and/or directed at persons who fall within Article 14 (investment professionals) or Article 22 (high net worth companies etc.) of the FSMA 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 or to any other person to whom such promotion would be lawful (together “Permitted Persons”). If you are not a Permitted Person, you should not read or act upon the investment information contained on the Website.

The Website does not constitute an offer to participate in any investment, nor an invitation for such an offer. Interests in any investment fund managed by ICG plc will be offered and sold only pursuant to the prospectus relating to such fund and to institutional investors. Any investment in any ICG plc investment fund or managed account carries a degree of risk and is not suitable for private investors. No assurance can be given that the stated investment objectives will be achieved and the value of investments may fall as well as rise.

Interests in the ICG plc Group funds have not been and will not be registered under the US Securities Act of 1933 or qualified under any applicable state securities statute. The ICG plc Group funds are not and will not be registered as investment companies under the US Investment Company Act of 1940.

Jurisdiction and applicable law

If any provision of the Terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction the validity, legality and enforceability under the law of that jurisdiction of any other provision; and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.

The Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Terms shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us relating to the Terms.

Information about ICG

The Website is issued by ICG plc.

ICG plc is the ultimate parent of the ICG Group of companies which includes Intermediate Capital Managers Limited and ICG Alternative Investment Limited. Intermediate Capital Managers Limited is authorised and regulated by the Financial Conduct Authority (FCA) in the United Kingdom (FCA Registration No. 189955). ICG Alternative Investment Limited is authorised and regulated by the Financial Conduct Authority (FCA) in the United Kingdom (FCA Registration No. 606186).

Any questions regarding the website should be sent via our Contact page. Please mark for the attention of Corporate Communications.

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