Terms & Conditions
1.1
These terms and conditions (together with the documents referred to in it) (collectively, these “Terms”) set out the basis on which you may make use of the website http://www.shadowfall.com our “Site”), whether as a visitor to the Site or a registered user. Please read these Terms carefully before you start to use our Site.
1.2
By clicking ‘Agree & View Site’ you agree to accept and abide by these Terms.
Also by using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, you must not use our Site or any of the materials on the site.
1.3
We recommend that you should print a copy of these Terms for future reference.
1.4
Please also refer to our Social Media Disclaimer which should be read and understood with the Terms and Conditions.
Information about us
2.1
Our Site is operated by ShadowFall Publications Limited (“we”, “us”, “our” and “Shadowfall”). We are a limited company registered in England and Wales under company number 11985427. Our registered office address is: 55 Bartholomew Close, London, EC1A 7BF. We are an Appointed Representative (FRN 842414) of ShadowFall Capital & Research LLP (FRN 782080) who are authorised and regulated by the Financial Conduct Authority (“FCA”)
2.2
You can contact us using the “Contact” page of our Site
Privacy
3.1
We are committed to protecting your privacy and by agreeing to these Terms you acknowledge that you have read and understood the terms of our Privacy Policy [PRIVACY POLICY] and that you agree with it. Our Privacy Policy tells you the terms on which we process the personal data (if any) we collect from you, or that you provide to us. When you use our Site, you show that you consent to such processing and you warrant that the data you give us is accurate.
We may make changes to these Terms & Conditions
4.1
You should check these Terms whenever you use the site as we amend these Terms from time to time.
4.2
We often make changes to or update the Site. This is sometimes because our products / services have changed, because our priorities as a business have changed, because our users & needs have changed or any other reason.
We may suspend or withdraw our site
5.1
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will not be liable if, for any reason, our Site is unavailable at any time or for any period. We will try to give you reasonable notice of any suspension or withdrawal.
5.2
You must make sure that anyone who accesses our Site through your internet connection is aware of these Terms and any other applicable terms and conditions, and that they comply with them.
Accessing our site
6.1
This website and it’s contents is directed only at, and contains information about products and services only available to, those who are Professional Clients or Eligible Counterparties (as defined by the FCA). The definitions can be found on the FCAs website at www.fca.org.uk.
The information within this website is unsuitable for any party who does not qualify as a Professional Client or Eligible Counterparty and, by accessing and continuing to use this Site, or selecting “Agree and view site” when prompted, you confirm that you fall within one of these definitions; if you are in any doubt, you should consult a Financial Adviser.
6.2
The Information contained on this Website contains material that may be interpreted by the relevant authorities in the country where you are viewing this Website as a financial promotion or an offer to purchase securities. Accordingly, if you reside in any such country or fall within the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which you are viewing this Website, please cease accessing or using this Website immediately.
The information contained on this website is not directed at you (and shall not be copied, reproduced or redistributed by you) if ShadowFall is prohibited by any law of any jurisdiction from making the information on this site available to you and is not intended for any use that would be contrary to local law or regulation. Where this is applicable you must leave this website immediately. If you are uncertain about your position under the laws of the country in which you are viewing this Website, then you should seek clarification by obtaining legal advice from a lawyer practicing in the country of your residence or in the country in which you are viewing this Website before accessing this Website.
6.3
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
6.4
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
6.5
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:
6.5.1
Immediate, temporary or permanent withdrawal of your right to use our Site.
6.5.2
Issue of a warning to you.
6.5.3
Legal proceedings against you resulting from the breach; and/or
6.5.4
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Risk Factors of Investments & Accuracy of Information
7.1
This Website is published solely for informational purposes and has no regard to the specific investment objectives, financial situation or particular needs of any person. Information contained herein is believed to be reliable at the time, but no warranty is given as to its accuracy or completeness and views and opinions, whilst given in good faith, are subject to change without notice. The prices/values shown on this Website in relation to different underlying securities are based on the prices as at the last sale price of the relevant securities on the stock exchange on which they are traded as at the time and date shown. Those figures may vary throughout the course of, and between, stock exchange trading days, market trading times and business days in general.
Exchange rates may cause the value of overseas investments and the income therefore to rise and fall.
This website may contain material about the past performance of investments in a fund. The value of an investment in a fund may go up as well down so that an investor’s investment in a fund, when redeemed, may be more or less than the original investment amount.
By its nature, investment in the ShadowFall Fund is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of a Fund.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. You are not guaranteed to make money from your investments and you may lose money.
Unless otherwise stated, any information presented which could be construed as investment research has not been prepared in accordance with legal requirements designed to promote the independence of investment research. Further it is not subject to any prohibition on dealing ahead of the dissemination of investment research
Intellectual Property Rights & how you may use material on our site
8.1
We are the owner or licensee of all present and future intellectual property rights in our Site and all the materials contained on our Site. The works on or in our Site are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2
Any use of the materials on this website is at your own risk.
If you have obtained materials published by ShadowFall on the website in any manner other than by download from the website, you may not read such materials without going to the website and agreeing to the Terms. You will not communicate the contents of any materials on this site to any other person unless that person has agreed to be bound by these Terms. If you access this website, download or receive the contents of reports or other materials on this website on your own behalf, you agree to and shall be bound by these Terms. If you access this website, download or receive the contents of reports or other materials on this website as an agent for any other person, you are binding your principal to these same Terms.
8.3
If you use extracts of the materials you must acknowledge in your use of the materials that we (or any identified contributors) are the authors.
8.4
If you breach these Terms, your right to use our Site will end immediately and you must return or destroy any copies of the materials you have made.
Our liability
9.1
The information on our Site has been obtained from sources that ShadowFall believe to be reliable and accurate at the date of publication. ShadowFall gives no guarantees, conditions or warranties as to accuracy of the information on this website. The opinions expressed on this website are given at the time of writing and shall be subject to change without notice. ShadowFall is not responsible for the accuracy of information contained in third party websites which may link to or from our website. The value of investments may fluctuate and you may not receive back the amount originally invested. Past performance is not a guarantee of future performance.
9.2
To the extent that we are unable to, by law, we do not exclude or limit our liability to you. For example we do not exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If you are a business user of our site:
9.3
As a business user of the Site certain exclusions and limitations of our liability will apply.
9.4
All implied conditions, warranties, representations or other terms that may apply to our Site or any content on it are excluded.
9.5
We will have no liability to you in relation to any losses, costs, liabilities or damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
9.5.1
Use of our Site; or
9.5.2
Inability to use our Site; or
9.5.3
Use of on any content displayed on our Site; or
9.5.4
Reliance on any content displayed on our Site.
9.6
In addition, under no circumstances will we be liable for any:
9.6.1
Loss of profits, sales, business, or revenue; or
9.6.2
Loss of anticipated savings;
9.6.3
Business interruption; or
9.6.4
Loss of business opportunity, goodwill or reputation; or
9.6.5
Indirect or consequential loss or damage.
If you are a consumer user:
9.7
You agree that you will not use the Site for any commercial or business purposes. You also acknowledge that we won’t be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Viruses, Hacking & Other offences
10.1
It is always your responsibility to configure your IT systems, computer programmes and platform to enable you to safely access our Site. You should use your own virus protection software.
10.2
We cannot and therefore we do not guarantee that our Site is secure or free from bugs or viruses.
10.3
You must not:
10.3.1
Misuse our Site by knowingly or intentionally introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
10.3.2
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.
10.4
If you breach these clauses you will be guilty of committing a criminal offence under the Computer Misuse Act 1990. We will report any breaches of this paragraph 10 to law enforcement authorities and we will at all times co-operate with and support those authorities by disclosing your identity to them. If you do breach this paragraph 10 your right to use our Site will stop immediately.
10.5
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 Site linked to it.
Linking to our site
11.1
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever. If you do link to your home page we have a few rules. It is also really important that you do not:
11.1.1
Establish a link in a way which suggests any form of association, approval or endorsement from us where it does not exist.
11.1.2
Establish a link to your Site from any other website that is not owned by you;
11.1.3
Frame our Site on any other website;
11.1.4
Create a link to any part of our Site other than the home page.
11.2
We can and will, if we want to for any reason, withdraw linking permission without notice.
11.3
If for any reason you want to use any material or content from our site other than that set out above, please address your request to: [email protected].
Linking from our site
12.1
Where our site contains links to other websites that are provided by third parties we offer these links just for information purposes. 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.
Trade marks
13.1
ShadowFall is a UK trade mark of ShadowFall Capital and Research LLP.
Jurisdiction & applicable laws
14.1
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Entire agreement
15.1
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Site.
If you have any concerns about material which appears on our site or concerns with regards to our services, please contact: [email protected].
