Terms and Conditions
Last updated: 12 April 2019
BEFORE YOU START TO USE THIS WEBSITE PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY AND CONTACT US (SEE "CONTACT US" BELOW) IF YOU HAVE ANY QUESTIONS. “PART A” INCLUDES GENERAL COMMERCIAL TERMS GOVERNING YOUR USE OF THIS WEBSITE. “PART B” CONTAINS TERMS RELEVANT TO FINANCIAL SERVICES REGULATORY MATTERS. BOTH PARTS INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON OUR LIABILITY TO YOU. YOU ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 5, 6 AND 9 OF “PART A” WHICH CONTAIN RESTRICTIONS ON OUR LIABILITY TO YOU. BY USING THIS WEBSITE YOU WILL BE INDICATING THAT YOU ACCEPT AND WILL COMPLY WITH THESE TERMS AND THAT YOU HAVE READ OUR PRIVACY AND COOKIES POLICY WHICH IS INCORPORATED INTO THESE TERMS.
PART A
1. Company information
This website (“Website”) is operated by M&G Investment Management Limited (“M&G”) and Cameron Barney LLP ("Cameron Barney", together with M&G “we”/”us”/”our”). M&G and Cameron Barney act as manager and investment adviser respectively in relation to Digital Infrastructure Investment Partners, as further detailed on this Website.
M&G is registered in England and Wales under number 2059989, with registered offices at 10 Fenchurch Avenue, London, EC3M 5AG. M&G is authorised and regulated by the Financial Conduct Authority (“FCA”) and is registered on the FCA’s register, No. 119328, (http://www.fca.org.uk/register/). M&G has passported all appropriate licences within the EEA. The FCA is located at 25 The North Colonnade, London, UK, E14 5HS.
Cameron Barney is registered in England and Wales under number OC 336756, and its place of business is 67 Grosvenor Street London W1K 3JN. Cameron Barney is authorised and regulated by the FCA and is registered on the FCA’s register, No. 551796.
2. Scope of these Terms and Conditions ("Terms")
These Terms, as amended by us from time to time, set out the basis on which you may use this Website and provide information about Digital Infrastructure Investment Partners and related services detailed on this Website.
The content of this Website is intended for institutional investors, investee companies and members of the press only unless specifically indicated otherwise.
These Terms are effective from July 2017. We may change them from time to time by updating this pages so please revisit and reread it periodically. We may change the content or availability of any of the information available through this Website (including by changing these Terms) or add additional services.
3. Accessing this Website and our services
You are responsible for making all arrangements necessary for you to have access this Website and for all telephone, internet service provider and other costs incurred in accessing and using this Website. You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms (including our Privacy and Cookies policy) and that they comply with and accept them, as relevant.
Unless otherwise indicated, you are only permitted to use this Website for your own personal, non-commercial purposes and you may not in any way resell any of these services or make these services available to any third party. Institutional investors and their advisors and representatives are only permitted to use this Website in relation to its/their investment activity and not for any other commercial purpose.
You must not establish a link to any pages of this Website from another website or document without our prior written consent (see “Contact Us” below).
You agree that you will provide us with full and accurate details whenever you submit personal information through this Website and that you will promptly notify us in writing if those details change at any time (see “Contact Us” below). We may stop the provision of any services to you through this Website if we discover or have reason to suspect that the information or details you have given to us is/are false, misleading , inaccurate or incomplete.
Whilst M&G and Cameron Barney use every reasonable effort to maintain the availability of this Website, we cannot guarantee its availability or the continuation of the services offered through it or that access will be interrupted or error free. From time to time, we may restrict access to some parts of this Website, or this entire Website, to users, irrespective of whether they are registered users, as relevant.
4. Disclaimer: Reliance on information posted and security
Whilst M&G and Cameron Barney use every reasonable effort to ensure the accuracy of the information contained on this Website which was prepared by or on behalf of M&G and Cameron Barney (as distinct from third party content – see “Disclaimer: Links, third party information and websites” below) as at the publication, all such information is provided “as is” and this means that, except where prohibited by law, no warranties are given, whether express or implied, as to the reliability, accuracy, suitability or completeness of the information.
Neither M&G (or any company in the M&G group) nor Cameron Barney accepts any liability for any use, or misuse, of the information presented on this Website or any loss or damage which may arise from access to or reliance on information published on this Website, except where that liability may not be excluded or limited by law. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which are not expressly set out in these Terms (including our Privacy and Cookies Policy). This does not affect any mandatory legal rights that cannot be excluded under applicable law. Nothing in these Terms shall limit or exclude our liability (if any) for:
a) fraud or fraudulent misrepresentations;
b) personal injury or death resulting from our negligence;
c) our breach of our statutory obligation to provide the Website and related services with reasonable skill and care; or
d) any other matter for which it would be illegal for us to exclude, or attempt to exclude, liability.
We take all reasonable precautions to seek to keep secure all confidential information you send to us, including precautions against unauthorised access or loss. Our “Security Statement ” on this Website contains more detail about our Website security measures. However, in common with all website operators, we cannot guarantee the security of any data transmitted by email or through this Website. Please do not communicate with us by these methods unless you accept the security implications of dealing online. We strongly recommend that you do not send us any confidential information, commercially sensitive information or sensitive personal data (e.g. data about health or medical conditions, actual or suspected crimes) by email or through this Website. Communications sent by you via email, or through this Website, are sent at your own risk.
5. Disclaimer: Links, third party information and websites
This Website may contain, or be linked to, advice or statements from third parties. Neither M&G (or any company in the M&G group) nor Cameron Barney makes any representation as to the accuracy, completeness, timeliness or suitability of such information and we have not, and will not, review or update such information. Any use made of such information is at your own risk.
Some of the information contained on this Website may have been prepared or provided by third parties and may not have been verified by us. Except where prohibited by law (see above), no warranties are given, whether express or implied, as to the reliability, accuracy, suitability or completeness of any such information. Neither M&G (or any company in the M&G group) nor Cameron Barney accepts any liability for any use, or misuse, of the information presented on this Website or for any loss or damage which may arise from access to our reliance on information published on this Website, except where that liability may not be excluded or limited by law (see above).The links we provide from this Website to other websites are provided for information only. Other sites may link to this Website. We do not assume any responsibility or liability with respect to any website accessed via our Website or linking to this Website for any of the content on those websites. Those websites will have their own terms and privacy policies, you should read them carefully before using those sites.
The presence of any advert on this Website is not an endorsement of goods, services business or website advertised.
6. Copyright and trademarks
Except where indicated otherwise, the copyright subsisting in the content on this Website and in the materials made available through this Website, including all information, text, images and layout, is the exclusive property of M&G or another company in the M&G group or Cameron Barney (as applicable). You are only permitted to print, copy, download or temporarily store extracts of the same as strictly necessary and for your personal use, provided that you do not change or remove any copyright notices. You are not permitted to copy or distribute or otherwise make available or communicate to the public any part of the same. All copyright and other intellectual property rights shall continue to be held by M&G or the other companies in the M&G group or Cameron Barney, as relevant, and no rights of any kind in it shall pass to you.
Copyright in certain content and materials is owned by third parties and is reproduced on or made available through this Website with the permission of the third party copyright owners. The trademarks and logs shown on this Website are either owned by M&G, other companies in the M&G group, Cameron Barney or a third party. No rights are granted to use any trade marks on this Website without the prior written consent of M&G.
7. Information you submit through this Website
You agree that you will not:
a) Place on or submit through this Website any information or material which is abusive, illegal, threatening, defamatory, obscene, pornographic, discriminatory or otherwise offensive or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or is otherwise contrary to the law or would infringe on the rights of M&G, any other companies in the M&G group, Cameron Barney or those of any third party;
b) Place on or submit through this Website viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
c) Interfere with the operation or content of this Website.
Any attempt to damage this Website may be illegal and we reserve the right to seek damages from you in relation to that and in accordance with the applicable law.
Neither M&G (or any company in the M&G group) nor Cameron Barney accepts any liability for any loss or damage caused by any viruses or other technologically harmful material that may infect your PC or other device, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it, except where that liability may not be excluded or limited by law (see above).
8. Receipt and sending of communications
Communications which we send you by email will be deemed received by you immediately upon sending. We will not be obliged to seek any acknowledgement of receipt from you in respect of such emails. Neither M&G (or any company in the M&G group) nor Cameron Barney accepts liability for any delay or failure of delivery (for whatever reason) of any such email except where that liability may not be excluded or limited by law (see above). If we have addressed such communications to your email address, then we will not have breached any duty of confidentiality owed to you, even if they are seen by any other person as a result. Communications sent by you to us by email will be deemed received by us upon actual receipt by a system under our control.
9. Jurisdiction and applicable law
Use of this Website and the content and materials available on or through this Website, together with these Terms are governed by and interpreted in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
10. Assignment of rights and sub-contracting
We may, at any time, assign any or all of our rights or obligations under these Terms to any person. This includes but is not limited to any person which takes on responsibility for operating this Website or provides the investment products and related services in respect of Digital Infrastructure Investment Partners. This includes assignments where necessary as part of any restructuring relating to M&G and its business or assets, or as part of a sale of M&G or, as relevant, another company in the M&G group, or its/their assets.
Any rights granted to you and obligations incurred by you under these Terms are personal to you and may not be transferred to any third party. We may, at any time, sub-contract the performance of all or any of our obligations under these Terms.
11. Waiver
If we do not exercise any right or remedy which we have under these Terms this does not mean we have waived our right to it or any other right or remedy of ours.
12. Severance
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.
13. Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Website.
14. Entire agreement
These Terms (including our Privacy and Cookies Policy) contain the entire agreement between you and us regarding their subject matter and they supersede all prior communications, representations, warranties, stipulations, undertakings and agreement between the parties. Nothing in these Terms shall, however, operate to limit or exclude the liability of either party for any fraudulent misrepresentation.
15. Security
We have established the following security control processes:
a. System monitoring. M&G and Cameron Barney have established effective host, firewall and intrusion detection security measures through the use of industry standard third party security tools. We have 24 hour monitoring arrangements in place to support these measures and our procedures and controls are subject to regular risk assessment and review to ensure they remain effective.
b. Cookies. A cookie is a small piece of information generated by a web server and sent to your computer when you access this Website. We use cookies to strengthen security by maintaining the session between the customer and our systems. We also use cookies for more accurate, anonymous traffic analysis, such as tracking the times of visits and pages viewed, so that we can better understand site usage and improve the service we offer our customers. Our cookies do not hold any personal information about you. We use persistent cookies to track user activity. These are stored on your computer's hard drive but can be deleted at any time via the 'Tools' option on your internet browser. If you have cookies disabled on your browser, we will only store information about the active session within this area of the site. These cookies do not compromise your privacy or security as they are randomly generated and do not hold any personal data about you. You should view your browser security settings to check that these are configured to accept per-session cookies. If this is not configured, problems may be experienced accessing certain areas of this Website.
16. Contact us
PART B
We, M&G and Cameron Barney, provide information relating to Digital Infrastructure Investment Partners. We do not give advice or make personal recommendations to investors. M&G does not offer tax or investment advice or make recommendations regarding investments. Fees paid to persons who introduce business to M&G (“introducer services”) are paid for by fund managers and other persons to whom we introduce business. We do not charge investors for such services.
Our registered office is at 10 Fenchurch Avenue, London, EC3M 5AG. You can also contact us at info@mandg.co.uk M&G is registered for VAT, number GB 235323781.
We are authorised and regulated by the Financial Conduct Authority, which can be contacted at 25 The North Colonade, Canary Wharf, London E14 5HS. Investors, who qualify for compensation under the Financial Services Compensation Scheme Rules, are protected for any amounts that we are unable to pay up to a maximum of £50,000 for each investor and subject to the rules of the Scheme. Whether the Financial Services Compensation Scheme will pay compensation or not depends on its rules and in practice compensation is more likely to be paid to a retail client than to a professional client.
This Website is provided exclusively for the information and use of Institutional investors and other persons to whom financial services may be promoted in accordance with articles 19 and 47 to 51 of the Financial Services and Market Act 2000 (Financial Promotion) Order 2005, as well as investee companies and members of the press.
The information on this Website is directed at Institutional investors, investee companies and members of the press in the United Kingdom and is not to be regarded as an offer to buy or sell, or the solicitation of an offer to buy or sell, securities or investments in any jurisdiction other than the United Kingdom. The availability of Digital Infrastructure Investment Partners in any jurisdiction other than the United Kingdom is subject to restrictions set out in the materials for that fund. Except as set out in the relevant materials, Digital Infrastructure Investment Partners and shares in that fund have not been registered or approved for distribution under the laws of any jurisdiction other than the United Kingdom.
Specifically this Website is not intended for use by any person in the United States. Shares in Digital Infrastructure Investment Partners have not been and will not be registered under the United States Securities Act of 1933, as amended, or registered or qualified under the securities laws of any state of the United States and may not be offered, sold, transferred or delivered, directly or indirectly, to any investors within the United States or to, or for the account of, US Persons except in certain limited circumstances pursuant to a transaction exempt from such registration or qualification requirements. None of the shares have been approved or disapproved by the US Securities and Exchange Commission, any state securities commission in the United States or any other US regulatory authority, nor have any of the foregoing authorities passed upon or endorsed the merits of the offering of the shares or the accuracy or adequacy of the prospectus. Digital Infrastructure Investment Partners will not be registered under the United States Investment Company Act of 1940, as amended