Your use of this Helios Investment Partners LLP (together with its affiliates, "Helios") web site operated from URL "www.heliosinvestment.com" and the information contained therein (including any password-protected sections, the "Web Site") is subject to the following terms and conditions as may be amended by Helios from time to time (these "Terms").
By using the Web Site you signify your consent to abide by these Terms and regulatory restrictions governing its use. On each occasion you access the Web Site you will be deemed to have accepted these Terms. If you do not accept these Terms, you may not use the Web Site.
1. About Helios
Helios Investment Partners LLP, a limited liability partnership registered in England under registered number OC320980, with its registered office at 2nd Floor, 12 Charles II Street, St James’s, London, SW1Y 4QU, United Kingdom, is authorized and regulated by in the United Kingdom by the Financial Conduct Authority (the "FCA").
2. Use of the Web Site
This Web Site may be accessed and used only for lawful purposes and for your personal, non-personal or internal business use. If you use or access this Web Site other than in accordance with these Terms, this could be a criminal offence under the Computer Misuse Act 1990.
You may not use the Web Site:
- without agreeing to these Terms;
- for any unlawful purpose;
- to interfere with, attempt to interfere with or disrupt the Web Site or any network or web site connected to the Web Site;
- to access data not intended for you by logging onto a server or account that you are not authorized to access;
- to allow any other person or entity to use your username and password on the Limited Partners' login;
- to interfere with the enjoyment or use of the Web Site by any other person; and/or
- to gain unauthorized access to any other computer systems.
Helios cannot guarantee that this Web Site and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this Web Site please contact Helios and it will endeavour to correct it.
Helios cannot guarantee that documents or files downloaded from this Web Site will be free from viruses and does not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Web Site. You must not post or provide to us via this Web Site, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Web Site.
By accessing this Web Site, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Web Site for your use in accordance with these Terms.
Helios’ status (and that of any identifying contributors) as the authors of material this Web Site must always be acknowledged.
Except as expressly permitted by applicable law, you may not (except to the extent required in order to use this Web Site in accordance with these Terms) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this Web Site or systematically extract material from this Web Site or any document available through it or in any other way exploit commercially all or any part of this Web Site or any document available through it without the prior written permission of Helios.
If you print off, copy or download any part of this Web Site in breach of these Terms, your right to use this Web Site will immediately cease and you must, at out option, return or destroy any copies of the content of this Web Site you have made.
3. Stewardship Code
Under COBS 2.2.3 of the FCA Handbook, all FCA authorised entities are required to make a public disclosure in relation to the nature of their commitment to the Financial Reporting Council’s (the “FRC”) Stewardship Code (the “Code”) which was published by the FRC in July 2010.
The Code aims to enhance the quality of engagement between institutional investors and companies to help improve long term returns to shareholders and the efficient exercise of governance responsibilities. The FRC recognises that that not all parts of the Code will be relevant to all institutional investors and that smaller institutions may judge some of the principles and guidance to be disproportionate. Where firms do not feel it appropriate to commit to the Code an explanation of non-compliance is required.
Helios Investment Partners LLP is a fund manager which manages, invests in and advises on private equity investments. Consequently, compliance with the Stewardship Code is not relevant to Helios Investment Partners LLP because we do not manage or advise on listed assets for investors. The members of Helios Investment Partners LLP will continue to review the Code's applicability. Helios Investment Partners LLP does not currently comply with the Code as we do not currently invest in listed companies in the UK.
4. Regulatory Matters
Nothing on the Web Site shall constitute an offer by Helios of, or the solicitation of an offer, invitation or inducement by Helios to buy or sell from or to any person, any goods, services, investments, or securities or provide investment advice to engage in any other transaction.
This Web Site and its contents is not directed at, or intended for distribution to, any person who is a citizen or resident of (or located or established in) any jurisdiction where the use of this Web Site would be contrary to applicable law or regulation or would subject Helios to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Web Site are required by Helios to inform themselves about, and to observe, any legal or regulatory restrictions which may affect their eligibility to access this Web Site. Professional advice should be sought in cases of doubt.
The Web Site is directed only at "professional clients" and "eligible counterparties", as defined in chapter three of the FCA's Conduct of Business Sourcebook (together, the "Relevant Persons"). The contents of the Web Site must not be acted on or relied on by persons who are not Relevant Persons. Any services or information relating to any services referred to in the Web Site will not be made available to "retail clients" as defined in chapter three of the FCA's Conduct of Business Sourcebook. As such, the protections afforded to retail clients under the FCA's Handbook of rules and guidance ("FCA Rules") will not apply and compensation under the Financial Services Compensation Scheme or any other relevant investor-compensation scheme may not be available.
Nothing in these Terms shall exclude or restrict any duty or liability which Helios has under the UK Financial Services and Markets Act 2000 or under the FCA Rules and which duty or liability may not be excluded or modified by agreement or the giving of notice.
5. General Conditions
Use of the Web Site in accordance with these Terms is subject to, and does not modify or amend in any way, the terms of any applicable written agreements between you or any of your affiliates or connected persons, and Helios or any of its affiliates.
Helios may terminate, change or suspend any part of the Web Site, including any content, features, hours of availability or these Terms, at any time. Any changes which Helios makes to these Terms will be effective immediately upon notice being posted on the Web Site. Continued use of the Web Site after Helios has made any such changes will signify your consent to the changes. You are bound by any such changes and should, therefore, periodically visit this page to review these Terms.
6. No Liability for Web Site Provision
Use of the Web Site requires internet connectivity and telecommunications links. Helios will not be liable to you for any telephone or other costs that you may incur in using the Web Site.
Helios cannot guarantee that material from the Web Site will be free from infection, viruses, worms, Trojan horses, logic bombs or other material which is malicious or technologically harmful. You are responsible for virus checking and taking any other protective steps. Helios does not accept any responsibility for any damage or loss caused by any failure to take protective measures.
You must not misuse the Web Site by knowingly introducing infection, viruses, worms, Trojan horses, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web 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. Helios 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 the Web Site will cease immediately.
7. Intellectual Property
The content of the Web Site is protected by copyright, trademarks, database and other intellectual property rights and Helios will take action against any and all third parties that Helios believe are infringing such rights. Provided you retain all and any copyright and proprietary notices, you may:
- retrieve and display the content of the Web Site on a computer screen;
- store content of the Web Site in electronic form (except that you may not store it on any server or other storage device connected to a network); and/or
- print copies of the content for your own personal non-commercial or internal business use.
You may not transmit, reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Web Site without the prior written consent of Helios.
Use of the Web Site does not constitute a licence for you to use any trade marks, designs, get-up and/or logos of Helios.
8. No Advice
The materials on the Web Site are provided for general information purposes only. Information on the Web Site is not offered as advice or recommendation on any particular matter and should not be treated as a substitute for specific advice or your own due diligence. In particular, no professional, financial, securities or investment advice is offered or given by Helios to persons accessing information on the Web Site. Consequently, information or opinions contained in the Web Site must not be used for making an investment or other business decision. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.
9. Financial Statements/Performance Information
To the extent that the Web Site contains any forward-looking statements, they will be based on Helios’s opinions, expectations and projections as at the time of writing. Helios undertakes no obligation to update or revise any forward-looking statements. Actual results may differ materially from those anticipated in any forward-looking statement.
Helios makes no representation, and it should not be assumed, that past investment performance is an indication of future results.
Unless otherwise indicated, any information contained on the Web Site is as of the date indicated therein and will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after such date. The posting of any material on the Web Site does not imply that the information contained therein is correct as of any time subsequent to the date of such material. The provision of access to the Web Site at any time shall not, under any circumstances, create an implication that the information contained herein is correct as of any time subsequent to the dates described above. Helios is under no obligation to update the information contained on the Web Site or to notify you of any subsequent update to the Web Site.
Certain information contained on the Web Site (including financial information and information relating to investments in companies) has been obtained from published and non-published sources prepared by other parties, which in certain cases have not been updated through the date hereof. While such information is believed to be reliable for the purpose used herein, Helios does not assume any responsibility for the accuracy or completeness of such information, and such information has not been independently verified by Helios.
Any projections or other estimates contained in the materials that are available on the Web Site, including estimates of returns or performance, are forward-looking statements and are based upon certain assumptions. While made in good faith, there can be no assurance that such assumptions will prove correct or will be applicable to any Helios fund's actual investments. Actual events are difficult to project and often depend upon factors that are beyond the control of Helios. To the extent that any document contained on the Web Site describes any historical investment returns or historical investment performance or provides any valuation of any investment, no representations are made or assurances given that such returns or performances are or will be indicative of future investment returns or future investment performance or that realized value will equal or exceed any such valuations.
10. Limitation of Liability
The Web Site is provided "as is". Whilst Helios has taken due care in the preparation of the content of the Web Site, Helios cannot guarantee that the content is accurate or complete and no representations or warranties of any kind, either express or implied, are given in this regard. The information and opinions contained in the Web Site are provided by Helios and are for information purposes only.
You agree that Helios will not be liable to you or any third party for any:
- loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data; and/or
- any other loss or damage which does not result directly from the actions of Helios its subcontractors or agents; and which arise out of or are related to your use of the Web Site.
Helios shall not be liable to you for failure to perform any of Helios's obligations arising out of the failure of any computer equipment or telecommunications link nor shall Helios be liable to any person for any loss or damage which may arise from the use, misuse or inability to use any of the information contained in any materials on the Web Site.
To the maximum extent permitted by law, this limitation of liability applies to damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
If you have accessed the Web Site using a link from another site, Helios does not accept any liability or responsibility for the accuracy of the information contained within sites of other providers who have links to any pages on the Web Site.
By accessing the Web Site, you agree to indemnify Helios and Helios's respective partners, shareholders, members, managers, officers, directors, employees and agents (collectively, the "Helios Indemnitees") against, and hold the Helios Indemnitees harmless from, any and all claims and expenses , including lawyers' fees, arising from your use of the Web Site. You hereby release the Helios Indemnitees from any and all claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the Helios Indemnitees arising out of or in any way related to such disputes.
12. Restricted Areas
Access to specific areas of the Web Site is restricted for reasons of confidentiality and, therefore, requires the use of a username and associated password. The areas of the Web Site that are password protected are only directed at professional investors (such as large companies or institutions and other sophisticated investors with sufficient experience to understand the risks inherent in these types of investments). If you are not such an investor and have not been provided with a password by Helios, you should not rely on the information on these parts of the Web Site and you will not be permitted to invest in any of the products offered by Helios unless Helios is satisfied that certain thresholds have been met in accordance with applicable law and regulations.
If you have a username and password, you are responsible for the activities which occur in connection with their use and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your username and password, immediately inform a representative of Helios.
The materials presented on the Web Site's restricted areas contain confidential, proprietary, trade secret and other commercially sensitive information, and by accessing such materials, you agree (a) to keep such information strictly confidential and not reproduce or redistribute the information in any format without the express written approval of Helios, (b) upon request of Helios, to promptly return to Helios any materials that you have downloaded and (c) that in the event you become legally required to disclose any of the materials, you shall promptly notify Helios in writing of such requirement prior to any such disclosure and use reasonable best efforts to obtain a protective order or other appropriate remedy (or, at Helios's request, assist Helios in seeking a protective order or other appropriate remedy) to prevent the disclosure of such materials. In the event that a protective order or other remedy is not obtained pursuant to clause (c) above, you agree to use reasonable best efforts to obtain assurance that confidential treatment will be accorded to the materials disclosed.
13. Third Party Sites
The Web Site may include links to third party web sites from time to time ("Third Party Sites"). Any such links are provided for your convenience and Helios does not monitor or endorse the content of Third Party Sites. You acknowledge and agree that Helios will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available (or unavailable) or security or privacy policies from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from the Web Site.
Furthermore, you agree not to link any of your web sites or any third party web sites to the Web Site without the express prior written consent of Helios.
14. International Use
UNLESS OTHERWISE SPECIFIED, THE MATERIALS ON THE WEB SITE ARE DIRECTED SOLELY AT THOSE PERSONS WHO ACCESS THE WEB SITE FROM THE UNITED KINGDOM MAINLAND. HELIOS MAKES NO REPRESENTATION THAT ANY PRODUCTS AND/OR SERVICES REFERRED TO IN THE MATERIALS ON THE WEB SITE ARE APPROPRIATE FOR USE, OR AVAILABLE IN LOCATIONS, OUTSIDE THE UNITED KINGDOM. THOSE WHO CHOOSE TO ACCESS THE WEB SITE FROM LOCATIONS OUTSIDE THE UNITED KINGDOM ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. HELIOS PROHIBITS ANY ACCESS AND / OR USE OF THE WEB SITE FROM TERRITORIES OUTSIDE THE UNITED KINGDOM WHERE THE CONTENTS OF THE WEB SITE ARE ILLEGAL OR UNLAWFUL OR WHERE TO ALLOW SUCH ACCESS WOULD REQUIRE ANY REGISTRATION, FILING, APPLICATION FOR ANY LICENCE OR APPROVAL OR OTHER STEPS TO BE TAKEN BY HELIOS IN ORDER TO COMPLY WITH LOCAL LAWS OR OTHER REGULATORY REQUIREMENTS IN SUCH TERRITORY.
14. Advertising and Sponsorship
Part of the Web Site may contain advertising and sponsorship provided by third parties. You agree that Helios will not be responsible for ensuring that such material complies with relevant laws and codes and that Helios will not be responsible for any error or inaccuracy in such material.
If any part of these Terms is found to be void or unenforceable, it will be severed from the rest to the extent that it does not affect the validity and enforceability of the remainder.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
The headings used in these Terms are for convenience only and shall not affect the interpretation of those provisions.
Any failure or delay by Helios in enforcing an obligation or exercising a right under these Terms does not amount to a waiver of that obligation, or right or any other obligation or right.
These Terms are effective until terminated by Helios.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of England. You agree to submit to the exclusive jurisdiction of the English Courts.
17. Further Information
If you have any queries regarding these Terms please contact us on [+44 (0)20 7484 7700]. The "heliosinvestment.com" Web Site is owned and operated by Helios Investment Partners LLP, a limited liability partnership whose registered office is at 2nd Floor, 12 Charles II Street, St James’s, London, SW1Y 4QU, United Kingdom.
Helios Investment Partners LLP is entered in the Financial Services Register with the following firm reference number: 462967.
Helios Investment Partners LLP is also duly registered with the Information Commissioner with number Z1960354.