KIMURA CAPITAL LLP

Terms of
Service

Last updated: August 30, 2017

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using this website (the “Site”) operated by Kimura Capital LLP (“Kimura”, “us”, “we”, or “our”).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

INFORMATION ON THIS SITE

The information contained on the Site has been prepared by us and is for informational purposes only. It should not be regarded as an invitation to apply for an interest in any Kimura product or fund or otherwise do business with Kimura and should not be relied upon for any reason whatsoever.

The Site is believed by Kimura to be accurate and correct and accordingly Kimura accepts no responsibility to any person for the accuracy of the information contained on the Site or for the consequences of any person placing reliance on the content of the Site for any purpose.

USE

The Site is directed only at persons who are legally able to view it in the jurisdictions in which they are situated such as sophisticated professional investors.

The Kimura funds are not suitable investments for the general public and there are extensive restrictions on the type of investor that can be admitted to the Kimura funds. Investments in the Kimura funds may carry a relatively high degree of risk due to the business and financial uncertainties facing individual portfolio companies. The value of investments may fall as well as rise and consequently the Kimura funds may not be able to return to investors all or any of the investments they make, or achieve projected returns.

Nothing in this website constitutes investment advice, an invitation or recommendation to invest or otherwise deal in shares or other securities in any company, or as an endorsement, sponsorship or recommendation as to the suitability of any product or security. In addition, investor relation materials to the Site content are not offers to sell or solicitation of an offer to buy any security. If you are considering an investment, you should make your own, independent assessment and obtain appropriate professional advice.

Past performance is not a reliable indicator of future returns and there can be no assurance that the Kimura funds will achieve comparable returns or that any targeted returns will be met. The value of investments and the income from them may go down as well as up and are not guaranteed. You may not get back the amount you invested.

MONITORING

Your use of the services on this Site may be monitored by Kimura, and the resultant information may be used by Kimura or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.

THIRD PARTY SITES

Our Site may contain links to third-party web sites or services that are not owned or controlled by Kimura.

Kimura has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

NO LIABILITY FOR CONTENT

Kimura shall have no liability, contingent or otherwise, to you or third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data available on this website.

Kimura assumes no responsibility for errors or omissions in the contents on the Site.

In no event shall Kimura be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Site or the contents of the Site. Kimura reserves the right to make additions, deletions, or modification to the contents on the Site at any time without prior notice.

Kimura does not warrant that the website is free of viruses or other harmful components.

OTHER COUNTRIES

This Site may be accessed from countries around the world and may contain references to products, services and programs that are not available in those countries, have not been announced in those countries, or access to which is not permitted in such countries. These references do not imply that the company intends to announce such products, services or programs in such countries. Kimura makes no representation that the content on this Site is appropriate or available for use in other locations, and accessing this Site from territories where its content is illegal is prohibited.  Those who choose to access this Site from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.

TERMINATION

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that Kimura may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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. We 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 Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any linked website.

MODIFICATION

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

REGULATION & AFFILIATIONS

Kimura Capital LLP is an AIFM regulated by the Financial Conduct Authority.

Kimura Capital LLP is a member of the Alternative Investment Management Association & a signatory to the UN backed Principles for Responsible Investment (UN PRI) .