Important Legal Information
Terms and Conditions.
Thank you for visiting Kensington’s website. Please read the following information carefully before using this website. By using this website, you agree that you have read and accepted these terms and conditions (the “Agreement” or “Terms of Use”) and the restrictions governing the use of the website. This Agreement is a binding agreement that governs your access and use of the website, which includes any information, data, tools, products, services and other material available on or through the website. If you do not agree to abide by these Terms of Use, your sole and exclusive remedy is to discontinue using the website. Your compliance with these Terms of Use is a condition to your right to access the website.
Property of Kensington
This website is the property of Kensington Capital Partners Limited, together with its subsidiaries and affiliates and related funds, “Kensington”, “us”, “our” and “we”. Kensington reserves the right to change, suspend, or discontinue all or any part of the website or its content at any time without prior notice or liability.
Kensington reserves the right to make any changes to these terms and conditions at any time and it is your responsibility to check for any changes to these terms and conditions. You will be bound by revised versions of these terms and conditions that Kensington posts on the website. Modifications will be effective immediately upon posting unless we indicate otherwise.
Limited Use
Kensington grants you a limited right to use the website. Your right to use the website is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the website. At any time and for any reason we may revoke your right to use all or any portion of the website. You may not violate or attempt to violate the security of the website.
Prohibited Visitors
Access to this website and any information on the website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the website or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply you must not access this website.
Not an Offering of Securities
The information on this website does not constitute the giving of investment advice and is not an offer to sell or the solicitation of an offer to buy any security in any jurisdiction. This information does not represent an offering of securities to any investor. Investments in Kensington funds may only be completed in compliance with all applicable securities laws, and only by those investors who are legally qualified to make such investments.
Not Registered in the United States
The information on this website relates to securities which have not been and will not be registered under the U.S. Securities Act of 1933, as amended, and under the rules, regulations and laws of the United States, may not be offered, sold or delivered within the U.S. (or any State thereof) or to, or for the account of benefit of, U.S. persons except as otherwise expressly stated herein.
No Recommendation
This information contained on this website does not take into account the investment objectives, financial situation and particular needs of any potential investor nor does it address or attempt to quantify any of the risks associated with any investment. Any investment decision should be made based solely upon appropriate due diligence by the prospective investor. Prospective investors should consider whether an investment is appropriate to their particular investment needs, objectives and financial circumstances. Investors have different investment profiles, financial objectives and resources, and may be subject to different tax requirements. Kensington does not recommend private equity investment, or an investment in a Kensington fund, for every investor. All investors should consult with their personal financial advisor before making an investment.
Third Party References; External websites
The website may contain references to third parties or links to other websites or addresses. These links are provided strictly for your convenience. In addition, with or without our consent, third-party sites may be linked to our website and third-parties may repost information shared by Kensington. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any websites linked to or from our website or the information appearing thereon or any of the products or services described thereon. You acknowledge and agree that use of third-party websites is strictly at your own risk. You may not link a part of our website to another website without our express permission. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any information that is reposted from our website. Any external websites are independent from us, and we have no control over or responsibility for the information provided, the accuracy of such information, or activities undertaken on such sites. We do not control any third parties, nor do they control us, and we assume no liability or responsibility with respect to any such third party.
Additionally, the website may show news released by, and other content prepared by, organizations other than Kensington (such news and other content, “Third-Party Content”). We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any Third-Party Content shown on the website.
Password and Security Notification
Certain additional information and services available on the website may be accessible to you only if you have been provided with a username and password (“Password User”). Use of such additional information and services shall be subject to additional terms and conditions. You may not attempt to access any password protected areas of the website without authorization. If you have been issued a password for the website, you agree that we have granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files. All information that we provide to Password Users is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential. You, as a Password User, are solely responsible for (1) maintaining the confidentiality of the password and user ID and (2) all activities that occur under your user ID. If, in the process of obtaining a user ID and password, you provide us with any information that is untrue, inaccurate, not current, or incomplete, or if we have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your user ID and password and refuse any and all current or future use of the Website (or any portion thereof). The Password User shall immediately notify us of any loss or theft of the password, or if the confidentiality of the password has otherwise been compromised in any way. We will not be responsible or liable for any loss, expense or damage arising in any way from use of the password and user ID and/or the accessing of information or materials therewith.
Submissions
If you send any communications or materials to the website by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, Kensington’s property. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication that you send to the Site or to us for any purpose whatsoever, including but not limited to developing business plans or investment strategies. We are not obligated to use any such ideas or materials and you have no rights to compel such use.
Forward-Looking Information
Certain statements referenced on this website may constitute “forward-looking” statements and are prospective. Forward-looking statements are neither promises nor guarantees and involve known and unknown risks, uncertainties and other factors which may cause actual results, performance or achievements to be materially different from any conclusion, projection or future results, performance or achievements expressed or implied by such forward-looking statements. Readers are cautioned not to place undue reliance on forward-looking statements as a number of factors could cause actual future results, conditions, actions or events to differ materially from the targets, expectations, estimates or intentions expressed in the forward-looking statements. Kensington does not undertake, and specifically disclaims, any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
No Representation; “AS-IS”.
Certain information contained on the website (including financial information) has been obtained from published and non-published sources. Such information has not been independently verified by Kensington, and the website, and the information and materials herein, are provided “as is” and without warranties or representations of any kind either express or implied. Kensington and its affiliates disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kensington does not warrant the accuracy, completeness or reliability of any information on the website and assumes no obligation to update or correct errors in any such information. You should not rely on any information contained in this website, and should only rely on formal legal representations and warranties contained in their legal investment documentation. Dated content available on the website speaks only as of the date indicated. THE SITE IS PROVIDED “AS IS” AND YOUR ACCESS AND USE OF IT IS AT YOUR OWN RISK.
Limitation of Liability
To the maximum extent permitted by law, we disclaim all liability arising out of your use of the website, even if we have been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liability or injury caused by any incorrectness or incompleteness of information contained herein, any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction, whether caused by negligence or otherwise.
Kensington is not responsible for any errors or omissions or for the results obtained from the use of any information on this website or for any technical problems you may experience with the website.
To the fullest extent permitted by law, Kensington (and its affiliates, agents or licensors) does not and shall not have any liability, whether in contract, tort, negligence, misrepresentation or otherwise, for any direct or indirect loss or damage caused, directly or indirectly, by your use of the website or the information contained on the website or provided to you pursuant to your use of the website.
You shall be liable to Kensington for any loss, liability or cost that Kensington (or any of its affiliates) suffers as a result of your use of the website or any breach of this Agreement, and in particular any warranties, representations or undertakings made, by you. You agree to indemnify, defend and hold harmless Kensington and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise from or relate to: (a) your use of the website; (b) your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.
Intellectual Property
The website contains and is protected by intellectual property rights, including copyrights, trademarks, logos, and service marks (whether registered or not, and wherever in the world those rights may exist) owned by Kensington or third parties that have licensed their materials or permitted reproduction on the website to Kensington. Access to or viewing materials posted to the website does not confer any license under any of our or any third party’s intellectual property rights or otherwise authorize you to use any trademark, logo, service mark, copyright, or other intellectual property.
Kensington® is a trademark of Kensington Capital Partners Ltd., registered in Canada.
Reproduction and Copying
You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the website except as explicitly permitted in this Agreement.
As a visitor to the website, you may view the website and you are welcome to print minimal hard copies of material on it for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the website. All other copying or distribution of any part of the website whether in electronic, hard copy or other format is prohibited. Any copies must not alter the original content and must reproduce our copyright notices.
Website Security
You are prohibited from violating or attempting to violate the security of the website. Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges. We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users of the website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread of a virus, security breach or system malfunction.
