These terms and conditions apply to the use of this website (the “Website”). Please read these terms and conditions carefully. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. AIL (as defined below) may suspend your use of the Website immediately if you do not comply with these terms of use. These terms of use refer to AIL’s Privacy Notice, which also applies to your use of the Website.
Who we are
The Website is communicated by and is the property of Arcus Investment Limited (“AIL”) (registered in England and Wales under company number 03582673 and registered office at Highdown House, Yeoman Way, Worthing, West Sussex, BN99 3HH, United Kingdom). AIL is authorised and regulated by the Financial Conduct Authority. All the material located on the Website is the sole copyright of AIL. All rights are reserved.
If you would like to contact AIL with any queries or comments, please send an email to info@arcusinvest.com, for the attention of Edward Cartwright.
Use of the Website
Users may not link any other website to the Website without obtaining the prior written consent of AIL.
Users must also not use the Website in a way which causes or may cause:
- the Website or the service offered to be interrupted, damaged or impaired (e.g. by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful);
- offence or detriment to any other person who uses the Website or any services offered;
- AIL, you or any other user of the Website to be in breach of any applicable law or regulation; or
- detriment to AIL or any person who supplies services to AIL in connection with the Website.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of AIL’s rights in this regard.
Please note that AIL only provides the Website for private use. You agree not to use the Website for any commercial or business purposes, and AIL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Website is primarily aimed at professional investors resident in the United Kingdom. Should you choose to access the Website from any location other than the United Kingdom, you are responsible for compliance with all applicable laws. This site is not intended for citizens or residents of the United States of America or for any “U.S. Person” as this term is defined in SEC Regulation S under the U.S. Securities Act of 1933.
No Offer
The Website is for information purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, or provide investment advisory services or to engage in any other transaction, and the Website must not be relied upon in connection with any investment decision.
No Advice
AIL does not provide investment advice. AIL is not responsible to any person who is not a client of AIL for regulatory purposes or for providing regulatory protections that would be afforded to clients in relation to any transaction or investment. The information on the Website, including all opinions or other content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services, or an invitation or inducement to engage in investment activity, but is for information purposes only. The Website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
Disclaimer
No representation, warranty or guarantee of any kind, express or implied is given by AIL. In particular, but without limitation, no warranty, condition, undertaking or term either express or implied is given that the information or opinions contained in the Website are accurate, reliable or complete or as to the freedom of this site from defects, viruses, malicious programmes or macros or as to the appropriateness of the content of the Website for any use which the recipient may choose to make of it. The information published on the Website is provided as a convenience to visitors, should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate AIL personnel.
The Website may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, will”, “should”, “expect”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology. Forward-looking statements are inherently unreliable, and you should not rely on them. Any such forward-looking statement is based on AIL’s current expectations, assumptions, estimates and projections about future events. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed in a forward-looking statement. AIL has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.
Any index information presented on the website is included for information purposes only.
If and to the extent that the Website contains information regarding the past performance of any investments, you should be aware that this information has not been audited or verified by an independent party. Past performance is not indicative or a guarantee of future results. The value of any investment may fall as well as rise and there is no assurance that investors will get back any amount invested.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ALL THE INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, AIL, its affiliates, and their respective members, shareholders, directors, officers, employees and agents (“AIL Persons”) and all contributors to the Website, hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any direct, special, consequential or indirect or punitive damages, losses costs or expenses and any loss of profit incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Website or use of any material on the Website, even if AIL has been advised of the possibility of such damage. No liability is accepted by any AIL Person in respect of any changes made to the content of the Website by unauthorised third parties.
The Internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which AIL accepts no responsibility. AIL does not warrant that the Website will be available at any time. AIL will attempt to correct all faults relating to the Website as soon as reasonably possible. AIL does not warrant that the Website does not infringe any intellectual property rights of third parties.
Copyright
AIL is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The copyright and all other rights in all of the material on the Website (including without limitation the screen displays, the content, the text, photography, graphics and look and feel of the Website) are owned by AIL and its licensors. You may download or print out a hard copy of such individual pages and/or sections of the Website as you reasonably require provided that this is for private, non-commercial or domestic use only and that you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without AIL’s prior written permission. Any unauthorised reproduction or use of the Website or the information presented therein, may be the subject of prosecution, particularly for infringement of copyright, and you must, at AIL’s option, return or destroy any copies of the materials you have made. Any rights not expressly granted in these terms are reserved.
E-Commerce Directive
You acknowledge and agree that, unless and to the extent expressly included in any other agreement between AIL and you, the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law.
Links to External Sites
The Website may contain links to or from other websites, over which AIL has no control. These linked sites are for your convenience only and you access them at your own risk. AIL is not responsible for the content of the linked sites. AIL does not in any way endorse the linked sites. Links to the Website may not be included in any other website without prior written consent of AIL. AIL will not be responsible for the content of any advertising that may appear on its site, nor for such advertising’s compliance with any laws or regulations. If advertising material which you deem inappropriate is displayed on the Website then please contact a member of AIL personnel and AIL will look into the relevant complaint. No guarantees that similar material will be displayed on the Website are or will be given.
Security
You should be aware that the Internet, being an open network, is not secure. If you choose to send any electronic communications or data transmission to AIL, including by means of the Website, you do so at your own risk. AIL cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. Whilst AIL strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to AIL.
AIL recognises the need to ensure that personal information gathered via the Website remains secure. AIL has taken steps to effect the implementation of security measures for the Website in order to protect against the loss, misuse and alteration of the personal information under AIL’s control and AIL’s Privacy Notice. You acknowledge that, although AIL exercises adequate care and security, there remains a risk that information transmitted over the Internet and stored by computer may be intercepted or accessed by an unauthorised third party.
Non-Exclusivity
Please do not send AIL any confidential or proprietary material as AIL does not agree to obligations of non-disclosure or non-use of such material. AIL may receive a large number of business plans and other proposals, which may be similar to one another or overlap. AIL reserves the right to review only those which appear to AIL to fit its investment criteria from time to time and to reject proposals without giving reason or returning material sent to AIL. AIL is not restricted in any way from pursuing opportunities with others. AIL and funds under its management, invest in many companies, some of which may compete with one another.
Legal Disclosure
In some cases, AIL may be required to disclose your personal information to comply with legal requirements and requests from government agencies.
Changes to the Terms
Changes are periodically made to the information on the Website and to these terms and conditions and these changes will be incorporated in new editions of this site. AIL reserves the right to alter or amend any information set out in the Website and these terms and conditions without notice. If you use the Website after AIL has posted the changes you will be bound by the new terms. You should therefore ensure that you read the terms and conditions each time you use the Website. These terms were most recently updated on May 2nd 2023.
Severability
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
Assignment
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
Governing Law and Jurisdiction
These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual), are governed by and shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English and Welsh courts. If you access the Website from outside the United Kingdom you are responsible for ensuring compliance with any local laws relating to access.