Terms & Conditions of Use

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.palomacapital.com (the “Website”).  The Website is owned and operated by Paloma Capital LLP whose registered office is at Henry Wood House, 2 Riding House Street, London, W1W 7FA, United Kingdom (“Paloma Capital”, also referred to as “we”, ”our” or “us”).  Paloma Capital is authorised and regulated by the Financial Conduct Authority (“FCA”).

Please read the terms below carefully before using this Website.  By using or visiting this Website you accept and agree to the terms of this legal notice.  If you do not accept these terms and conditions, do not use this Website.

If any part of this legal notice is deemed invalid, void or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any of the remainder of the terms and conditions.

Terms and Conditions of Use

This notice is issued by Paloma Capital.

1 Introduction
Paloma Capital may revise this legal notice at any time by updating this posting.  You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2 Intellectual Property Rights
2.1 The contents of this Website (including all website design, text, photographs, graphics, their selection and arrangement and all software compilations, underlying source code, software and all other material) are protected by international copyright laws and other intellectual property rights. The owners of these rights are Paloma Capital, its affiliates or other third party licensors.
2.2 “Paloma Capital” and the Paloma Capital logo and any other product and company names and logos mentioned on this Website are the trademarks, service marks or trading names (whether registered or not) of Paloma Capital and its affiliates.  Nothing in these terms or on the Website may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark reproduced on the Website without the prior written consent of Paloma Capital.
2.3 You are permitted to print and download extracts from this Website only for your personal, non-commercial use. Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, photographs, graphics, video, messages, code and/or software without our express prior written consent.
2.4 Any commercial use or exploitation of this Website or its content is strictly prohibited.
2.5 If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3 Access
3.1 While Paloma Capital endeavours to ensure that this Website is available 24 hours a day, Paloma Capital shall not be liable if for any reason this Website is unavailable at any time or for any period.  We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website, the content or services or products available through it at any time without notice.  We also reserve the right to terminate your access to the Website at any time without notice.
3.2 Paloma Capital reserves the right to restrict certain areas of information accessible via the Website to our approved, registered users.  If any area of the Website requires you to register with us, then we may accept or refuse your application for registration (in our absolute discretion).  You agree to provide at all times truthful and accurate information in applying to register to use the Website and using any registration granted.  Your registration will not be transferable and you are solely responsible for any activity which occurs on or through your user name, password or account, whether or not authorised by you and for keeping secure and confidential such details.  You must not disclose your account’s user name or password (or other login details) to any third party. You must change your password immediately if you believe that your registration may have been used without your authorisation.
4 Privacy Policy
4.1 Your personal information and right to privacy is important to Paloma Capital. Any personal information that is collected from you through our Website is subject to the terms of our privacy and cookie policy.  Please review our privacy and cookie policy, which also governs your visit to the Website, in order to understand our information-handling practices.
4.2 Any other information or material submitted, posted or uploaded to our Website will be considered to be non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
5 Acceptable Use
5.1 You must not use the Website for any unlawful or fraudulent purposes.  You must not misuse our Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party.  You must not attack our Website via a denial-of-service attack.
5.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
5.3 Without prejudice to our other rights or remedies, Paloma Capital reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this clause 5, and to disclose such information to law enforcement agencies as Paloma Capital reasonably believes is necessary.
6 No Offer
The content of this Website has been prepared for information purposes only and nothing on this Website is intended to constitute an invitation, inducement, offer or recommendation to engage in investment activity in any jurisdiction. To the extent that any information on this Website does constitute a “financial promotion” for the purposes of section 21 of the Financial Services and Markets Act 2000 (“FSMA”), such information is only directed at persons who can been classified as professional clients or eligible counterparties under the FCA Rules or other persons to whom financial promotions can be made under the FSMA (Financial Promotions) Order 2005 (the “FPO”) such as investment professionals and high net worth entities as defined in articles 19 and 49 of the FPO.
7 No Advice
7.1 For the avoidance of doubt, no information on this Website constitutes investment, tax, legal, regulatory, financial, accounting or any other advice.
8 Disclaimer
8.1 While we endeavour to ensure that the information and material on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website.  The Website may contain typographical errors or other inaccuracies, or information or material that is out of date.  Paloma Capital is under no obligation to update such material.
8.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind.  Accordingly, to the maximum extent permitted by law, Paloma Capital provides you with this Website on the basis that Paloma Capital excludes all representations, express or implied warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
8.3 Paloma Capital is based in the United Kingdom.  We do not represent that content available on or through our site is appropriate, or that access to such content is lawful outside the United Kingdom. Those accessing the site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.  In particular, the site is not directed at any person resident in any jurisdiction where, under local law or regulation, the publication or availability of this Website is prohibited. Persons to whom such restrictions apply must not access this Website. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.
9 Liability
9.1 Paloma Capital and its respective partners, affiliates, officers, members, employees and advisers shall not be liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, the content of the Website and in particular, any inadequacies, inaccuracies, or other deficiencies in any content.
9.2 Without prejudice to the foregoing, neither Paloma Capital nor its respective partners, affiliates, officers, members, employees and advisers will be liable to you in any circumstances for any of the following types of loss:
business interruption, loss of business, loss of profits, loss of revenue, damage to goodwill or reputation, loss of savings (actual or anticipated), loss of bargain, loss of and/or corruption of data, or any losses arising out of any claim for an account of profits (in each case, whether direct or indirect);
any loss of any kind resulting from any failure or delay in the delivery of electronic communications, or the interception or manipulation of electronic communications by third parties; or
punitive, exemplary, special, indirect, consequential or incidental loss and/or damages,
arising out of your use, or inability to use, the Website and/or any information or material displayed on the Website.
9.3 Paloma Capital does not guarantee that the Website is free from viruses and shall not be liable for any loss or damage caused by or arising from a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect or corrupt your computer hardware, software, data, devices, or other proprietary material due to your use of the Website or to your downloading of any material posted on the Website or any website linked to the Website.
9.4 While the Website may contain links to third party websites and resources, these links are provided for your information only.  Paloma Capital has no control over the content of these sites or resources, and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them.  The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable). You must not create a link to this website without the written permission of Paloma Capital.
9.5 Nothing in this legal notice shall exclude or limit the liability of Paloma Capital for death or personal injury caused by Paloma Capital’s negligence, for fraud or fraudulent misrepresentation, or any other matter in respect of which Paloma Capital is not permitted by law to exclude or limit its liability including any breach of FSMA or any breach of any duties owed to clients by Paloma Capital under the rules of the FCA.
10 Governing law and jurisdiction
This legal notice, any contract arising between you and Paloma Capital subject to the terms of this legal notice, and any dispute or claim arising out of or in connection with this legal notice or its subject matter, whether of a contractual or non-contractual nature (including any dispute regarding the existence, validity or formation of a contract under the terms of this legal notice), shall be governed by and construed in accordance with English law.  The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this legal notice but we retain the right to bring any suit, action or proceeding against you for breach of this legal notice in your country of residence or any other country.

May 2016