The Citco Group Limited is the indirect parent of a network of independent companies. The Citco Group Limited provides no client services. Such services are provided solely by the independent companies within the Citco group of companies (hereinafter, the “Citco group of companies”) in their respective geographic areas. The Citco Group Limited and the Citco group of companies are legally distinct and separate entities. They are not, and nothing contained herein shall be construed to place these entities in the relationship of agents, partners or joint venturers. Neither Citco Group Limited nor any individual company within the Citco group of companies has any authority (actual, apparent, implied or otherwise) to obligate or bind The Citco Group Limited in any manner whatsoever.
Citco Group Limited and the individual companies within the Citco group of companies make available this web site located at: www.mercator.net and all Content (defined below) and information available therein (collectively, the “Website”) subject to these terms and conditions (the “Terms of Use”).
By accessing the Website, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these Terms of Use, you should immediately exit the Website.
If you continue using the Website, you accept and agree to these Terms of Use. Portion(s) of the Website, Content and services may only be available to authorized users; access to which, may be governed by separate terms and conditions, along with such other documents, agreements and policies that may be referenced in the relevant service or portion of the Website.
These Terms of Use form a binding agreement between you, The Citco Group Limited and each of the companies within the Citco group of companies. Your use of the Website is governed by the version of the Terms of Use in effect on the date the Website is accessed by you.
1. Content and Links
1.1. Content
The Website contains content owned and/or licensed by The Citco Group Limited and the individual companies within the Citco group of companies (collectively, “Content”). Content is provided solely as a service and convenience for general guidance, and is intended to offer the user only general information of interest. The information provided is not intended to replace or serve as substitute for any legal, advisory, tax or other professional advice, consultation or service. You should consult with your own professional advisors in their respective professional areas to obtain specific advice. Content accessible via this Website is provided “AS-IS” without warranties of any kind, express or implied, including warranties of accuracy, timeliness and completeness.
1.2. Third Party Sites
The Website may contain links to sites of third-parties over whom The Citco Group Limited and the individual companies within the Citco group of companies have no control (“Third Party Sites”). Neither The Citco Group Limited nor any of the companies within the Citco group of companies is responsible for the content or security, privacy or other policies employed by any such Third Party Sites. The Citco Group Limited and the companies within the Citco group of companies provide these links as a convenience and does not endorse the companies or contents of any Third Party Sites. The Citco Group Limited and the companies within the Citco group of companies bear no liability for the content appearing on any Third Party Sites; for the use or reliance upon the information contained, displayed or otherwise made available thereon; and/or for the products and/or services offered therein.
2. Intellectual Property Rights
2.1. Copyright
The Website and all Content are protected by domestic and foreign intellectual property laws. Unauthorized use of Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content and you will not use, copy or display the Content except as permitted under these Terms of Use. No other use of the Website or the Content is permitted without the prior written consent of The Citco Group Limited or the appropriate third-party owner. Neither The Citco Group Limited nor any of the companies within the Citco group of companies shall bear any risk, responsibility or liability in the event that you do not obtain such explicit written permission. Should you download any materials on this Website for personal or non-commercial use, you must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other web site is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2. Trademarks
The trademarks, service marks, and logos of The Citco Group Limited (the “Citco Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of The Citco Group Limited. Other company, product, and service names displayed on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Citco Trademarks, the “Trademarks”). Nothing in the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the applicable Trademark owner. The Trademarks may not be used to disparage The Citco Group, any of the companies within the Citco group of companies, or the applicable third-party, any of the foregoing’s products or services, or in any manner that may damage any goodwill in the Trademarks or of their respective owners. All goodwill generated from the use of any Citco Trademark shall inure to The Citco Group Limited’s benefit.
2.3. Prohibited Linking Activities
The following web link activities are explicitly prohibited by The Citco Group and may present trademark and copyright infringement issues:
- Links that involve unauthorized use of our logo;
- Framing, inline links or metatags; and
- Hyperlinks or any form of link that disguise a URL, deep link, or bypass the homepage of this Website
The Citco Group Limited reserves the right to request removal of any link to this Website. Use of scrapers, spiders or other automated methods of gathering information from this Website for any commercial purpose is strictly prohibited without the express permission of The Citco Group Limited.
2.4. Viruses, Hacking and Other Offenses
You must not misuse the Website or Content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our non-publicly accessible areas of the Website, the server(s) on which the Website, Content or services are stored or any server, computer or database connected to the Website. You must not attack the Website 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. The Citco Group Limited will report any such breach to the relevant law enforcement authorities and The Citco Group Limited will co-operate with those authorities by disclosing your identity to them.
3. Disclaimers
3.1. Disclaimer of Warranties
THE CITCO GROUP LIMITED, ITS SUBSIDIARIES AND AFFILIATES (INCLUDING, WITHOUT LIMITATION, THE COMPANIES WITHIN THE CITCO GROUP OF COMPANIES), THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “CITCO PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CITCO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE, CONTENT OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE CITCO PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CITCO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
3.2. Access and Availability
If the Website is not available for any period or any time, neither The Citco Group Limited nor any company within the Citco group of companies shall be liable. The Citco Group Limited and the companies within the Citco group of companies give no warranties as to the accessibility, performance or availability of the Website. Temporary suspension of access to the Website, or service interruption may occur without notice at The Citco Group Limited’s (or any company with the Citco group of companies’) discretion, including, without limitation, in the case of repair, maintenance, system failure or for reasons beyond their control. The Citco Group Limited and the companies within the Citco group of companies reserve the right to suspend the operation of the Website and/or any part thereof. You agree that neither The Citco Group Limited, the companies within the Citco group of companies, nor any third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Website.
3.3. Virus Protection
The Citco Group Limited and the companies within the Citco group of companies make commercially reasonable efforts to check and test material at all stages of production. However, you must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. The Citco Group Limited and the companies within the Citco group of companies cannot and do not accept any responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using material derived from this Website.
3.4. No Recommendations or Advice Provided
Neither the Website nor any Content contained therein constitutes an offer to sell or the solicitation of an offer to invest in any of the funds or other investments mentioned herein, and neither this Website nor any other offering material or information has been submitted for approval to any regulatory authorities. Investment in the funds may be restricted or prohibited by law in certain jurisdictions and this site may not be used for the purpose of, or in connection with, any offer to or solicitation by anyone in any jurisdiction.
4. Indemnification
You agree to defend, indemnify, and hold harmless the Citco Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach these Terms of Use and/or your access to, use or misuse of the Website and/or Content. The Citco Group Limited and/or the applicable company or companies within the Citco group of companies shall provide notice to you of any such claim, suit, or proceeding. The Citco Group Limited and/or the applicable company or companies within the Citco group of companies reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the defense of such matter.
5. Limitation Of Liability
5.1. Limitations of Liability
IN NO EVENT SHALL ANY CITCO PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM ANY DECISION MADE OR ACTION TAKEN IN RELIANCE OF THE CONTENT OR THIS WEBSITE, FOR LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ANY SERVICE PROVIDED ON THE WEBSITE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT NONE OF THE CITCO PARTIES WILL BE HELD LIABLE FOR ANY INVESTMENT LOSSES OR GAINS ARISING OUT OF AND/OR RESULTING FROM THE WEBSITE, ANY SERVICE (INCLUDING THE CONTENT AND THIRD PARTY CONTENT).
5.2. Local Law Limitations
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE CITCO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. General
6.1. Revisions to Terms of Use
The Citco Group Limited and the companies within the Citco group of companies may at any time revise these Terms of Use without notice. Please check these terms and conditions regularly, as continued use of the Website after a change has been made is your acceptance of the change.
6.2. Privacy
The Citco Group Limited and the companies within the Citco group of companies recognize and respect the importance of protecting the privacy of all information provided by users. The Citco Group Limited and the companies within the Citco group of companies collect, store, and use, information about its users as described in our Data Protection Notice and as the same may be updated from time to time (the “Data Protection Notice”).
6.3. Waiver
The failure of The Citco Group Limited and the companies within the Citco group of companies to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by The Citco Group Limited and/or the applicable company or companies within the Citco group of companies.
6.4. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
6.5. Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
