Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") set out the terms of use under which you may make use of our website (“the Site", “this Site” or “our Site”). For the avoidance of doubt, "use" of the Site includes, without limitation, accessing or browsing on our Site.

If you do not accept the Terms and Conditions, then please do not use the Site.

We may amend the Terms and Conditions, without notice, at any time.

The Site is operated by Darby International Capital, LLC (“Darby International”).

INTENDED AUDIENCE AND USE OF INFORMATION

Darby International does not provide investment advisory services to any clients other than the private investment funds it manages. Nothing herein should be construed as an offer to sell, or a solicitation of an offer to buy, interests in any Darby International-managed funds; nor shall such interests be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful.  Furthermore, Darby International does not seek, and will not accept, unsolicited requests to provide investment advisory services. This Site is intended solely for the use of institutional investors and consultants only. It is not intended for use by individual investors.     

You are not authorized to copy, distribute or otherwise make use of any logo, trademark or other intellectual property of Darby International which appears on the Site, except as expressly permitted in the Terms and Conditions.

The contents of this Site are provided for general information only and do not constitute advice of any kind (including investment, tax or legal) on which you should rely, or a recommendation to buy or sell any investment.  In choosing to make an investment in a Darby International-managed fund, you should not base your decision on the information contained on this Site; instead, you should carefully review the legal documentation governing such investment.

Please note that fund investments offered by Darby International will be subject to their own terms and conditions, which you must read thoroughly.  These Terms and Conditions are entirely separate from any such other terms and conditions, and in the event of any conflict between these Terms and Conditions and such other terms and conditions, such other terms and conditions will prevail.

If you choose to access information on this Site, it is your responsibility to comply with applicable local, national or international laws. You should seek advice regarding any investment from your professional advisers.

INVESTMENT RISK

Before making an investment, you should read the appropriate fund offering memorandum (if applicable) or other terms and conditions as may be appropriate and raise any questions you have on this documentation with your professional advisers.

All investments involve a degree of risk. In particular, please note that:

·       past performance is not a guide to future performance;

·       the value of investments and the income from them may go down as well as up and you may not get back the amount invested; and

·       changes in exchange rates between currencies may cause the value of the investment and the level of income to rise and fall.

DISCLAIMER

Although Darby International has taken reasonable steps to ensure that the information contained on this Site is accurate, current and complies with relevant laws and regulations, due to the possibility of human or administrative error, Darby International makes no representations or warranties with respect to this Site or its contents (including, without limitation, warranties of merchantability and fitness for a particular purpose). As such, the Site is provided "as is" and “as available”.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. Your use of the Site and any of its content or features is at your own risk.

FORWARD-LOOKING STATEMENTS

Certain information on the Site may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements.

CHANGES TO CONTENT OF SITE

Darby International reserves the right in its absolute discretion at any time and without notice to update, remove, amend or vary any of the content which appears on any page of this Site. In addition, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

LINKS

If you wish to establish links to this Site, you should contact us in order to give formal notification of your intention prior to doing so and to obtain our written consent. We may require you to enter into a separate license agreement before linking to the Site. We reserve the right to deny permission for any such links to the Site or to withdraw any existing permission at our sole discretion on reasonable notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

The Site may contain links to third party websites and/or the content of third parties ("Third Party Content"). The Third Party Content has been made available solely for your convenience or information. The Third Party Content should not be interpreted as an endorsement by us, and we have no control over such Third Party Content. Accordingly, Darby International makes no representation, warranty or guarantee with respect to the Third Party Content whatsoever (including, as to its accuracy, completeness, suitability or reliability). If you use the Third Party Content, you do so entirely at your own risk. To the extent permitted by law, Darby International disclaims any liability arising from any use or reliance on the Third Party Content.

SITE SECURITY

We do not guarantee that our Site will be secure or free from bugs, viruses or other malicious code.  You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site or any related server, providing false information through the investor log-in, or conducting fraudulent activities on the Site, whether or not through the use of agents, is prohibited.  We may report any such incidents (or suspected incidents) to the relevant law enforcement authorities, and we will co-operate with those authorities as necessary.

COOKIES

We may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through "cookie" technology. Cookies are bits of text that can be placed on your computer's hard drive when you visit certain web sites.  The "help" portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies if you wish to do so. 

INTELLECTUAL PROPERTY

Copyright in the pages of the Site and in the information, texts, graphics and material contained therein and their arrangement is owned by Darby International and/or its licensors (as the case may be). All trademarks, service marks, company names or logos are the property of their respective holders, and no permission is given by Darby International in respect of the use of any such trademarks, service marks, company names or logos. Such use may constitute an infringement of the holders’ rights.

Reproduction of the pages of the Site in whole or in part, without the prior written consent of Darby International, is strictly prohibited unless for private, non-commercial viewing purposes.