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GAMMA FINANCE Ltd

GENERAL CONDITIONS OF USE OF www.gammafinance.com
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Welcome to www.gammafinance.com (the "Website").

Information about us

The Website is operated by Gamma Finance Ltd ("Gamma Finance"). Gamma Finance is registered in England and Wales under partnership number 06907261 and has its registered office 72 New Bond Street, W1S 1RR. Our VAT number is 945712117.

Gamma Finance Ltd is authorised and regulated by the Financial Services Authority ("FSA").

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

General

Access to and use of the Website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws and regulations that may apply to the Website, the internet or the World Wide Web, which, by clicking the "Accept" button, the user (the "User") accepts, without limitation or qualification and acknowledges that any other agreements between the User and Gamma Finance are superseded with respect to the subject matter hereof. Once you have clicked the "Accept" button, and your registration to use the Website has been granted, the User will be granted access to information that is broadly categorised as follows:

(1)Information on funds (size, strategy name and type of fund) ("Funds"); and

(2)Information on the Fund's fund managers (including fact sheet and performance update) ("Fund Managers");

together the "Information".

These Terms and Conditions shall be applicable each time you use the Website and in respect of any Information you access through the Website. The Website Privacy Policy is incorporated into the Terms and Conditions. Additional terms and conditions may apply to certain Users of the Website where stated, if, for example, a User wishes to use the Information, effect an Introduction or enter into any Transaction as contemplated below.

By accepting this agreement, you acknowledge that Gamma Finance owns the Website and all Information, content and materials contained in it, and you agree that (a) you will not challenge such ownership and (b) no act of downloading of any portion of the Website will constitute a transfer of title.

Use of the Website is available only to individuals over the age of 18 and professional and eligible counterparties under MiFID.

Information

  1. Users are granted a limited, non-exclusive, non-transferable licence to view the Information. Users may only reproduce, copy or print the Information as is necessary for the User's own investment analysis purposes, provided that the User maintains all copyright, trademark and other proprietary notices on any such copies made under this licence. Any other use of the Website, including, distributing, modifying, transmitting, reusing, reposting, or using the Information or the content of the Website for public or commercial purposes, including any text, images, audio, and video without Gamma Finance's prior written consent is prohibited.

  2. While Gamma Finance uses reasonable efforts ensure that the Information in the Website is accurate and up to date, Gamma Finance makes no warranties or representations, express or implied, as to the accuracy, completeness, timeliness or suitability of the Information or any other content on the Website. Gamma Finance assumes no liability or responsibility for any errors or omissions in the Information or the content of the Website. Gamma Finance may in its sole discretion add, delete, amend, modify, change or make unavailable some or all of the Information, any content or any part of the Website at any time without prior notice.

  3. In the event that the User wishes to contact a Fund or a Fund Manager, it must do so through Gamma Finance by entering into an Intermediary Agreement (as defined below) with Gamma Finance. In the event that the User wishes to otherwise exploit the Information, it may only do so with Gamma Finance's prior written consent. Any dealings in connection with any Fund, including any contracts or arrangements connected thereto ("Transactions"), must be arranged by and through Gamma Finance.

Introductions and Transactions

  1. In the event that the User wishes to contact a Fund or a Fund Manager, it must do so through Gamma Finance by entering into an Intermediary Agreement (as defined below) with Gamma Finance. In the event that the User wishes to otherwise exploit the Information, it may only do so with Gamma Finance's prior written consent. Any dealings in connection with any Fund, including any contracts or arrangements connected thereto ("Transactions"), must be arranged by and through Gamma Finance.

  2. The Website is an introductory marketplace for registered users to access information on Funds. The Website is an information tool for our registered users and Gamma Finance does not enter into any Transactions, and in no way can it ensure that either the User or a Fund will complete a Transaction.

  3. Any Introduction to be effected by Gamma Finance will be subject to a separate intermediary agreement which shall set out the terms upon which Gamma Finance agrees to disclose details of a Fund or Fund representative or otherwise make an Introduction, and the Fee payable by the User in respect of any Transaction entered into by the User ("Intermediary Agreement"). Users agree that they will not circumvent or manipulate the fees payable to Gamma Finance in any way, including without limitation by privately consummating Transactions with any Fund or any other individual whose information is made available to the User on the Website.

  4. The User agrees and acknowledges that Gamma Finance does not provide recommendations, investment or any other advice to Users or any other party through the Website, and no information or material on the Website is to be relied upon for the purpose of making or communicating specific investment or other decisions. Gamma Finance is not responsible for investment decisions made by any User. Gamma Finance does not, and will not recommend, represent or vouch for any Fund that may appear in any of the listings on the Website. Users are responsible for carrying out their own independent due diligence on any Fund.

  5. Users agree to complete and furnish all necessary and appropriate documentation in order to effect Introductions and Users acknowledge and accept full responsibility of the identity of the other party to the Transaction. The User will sign contracts in connection with any Transaction. The signature of any such contract by the User will constitute the User's acknowledgement of acceptance of full responsibility of the identity of the Fund and Fund Manager, the content and subject matter of any Transaction and contract, and accordingly it agrees that Gamma Finance and its authorised agents shall not be responsible or liable for (a) the identity of the Fund or relevant contracting party; (b) the terms of any Transaction between the User and the Fund; (c) any act or omission of the Fund; (d) any failure of the Fund to perform its obligations; or (e) for any Transaction that is not consummated for whatever reason.

  6. If the identity of the Fund or Fund representative is disclosed to a User, such User shall not solicit, directly or indirectly, such Fund for the purpose of consummating a Transaction without the involvement of Gamma Finance and shall not contact or commence negotiations with any Fund or Fund representative introduced to the User by Gamma Finance without first notifying Gamma Finance.

  7. The Information has been disclosed to enable Users to consider what investment opportunities may exist. It is disclosed on the express understanding that it is used for this purpose only and not with respect to the actual investment itself. No-one should act in reliance upon its contents. Any persons who, notwithstanding the foregoing, elects to place reliance upon the Information does so at their own risk and Gamma Finance assumes no duty of care or other responsibility towards them. Any User should seek their own professional advice, make their own investigations and must satisfy themselves as to the condition and prospects of the Finds and the accuracy and completeness of the Information.

  8. Users agree that they are not precluded by law, contract or otherwise from investing in any Fund or from entering any Transaction. Users agree to comply with all applicable laws, rules and regulations, including, without limitation, any anti-money laundering regulations.

Intellectual Property

  1. Users should assume that everything seen or read on the Website is protected by copyright unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of Gamma Finance. Gamma Finance neither warrants nor represents that use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Gamma Finance.

  2. Gamma Finance is the proprietor of all logos, trademarks and service marks associated with Gamma Finance or which appear on the Website, including without limitation "Gamma Finance" and "Gamma Finance.com" save for any third party logos or trademarks which appear on the Website from time to time for which Gamma Finance has been granted a licence to use ("Trademarks"). Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Gamma Finance or such third party that may own the Trademarks displayed on the Website. Use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. Gamma Finance will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Confidentiality

  1. The Confidential Material (as defined below) is of a proprietary and confidential nature and disclosure to any unauthorised third party of such Confidential Material may be damaging to Gamma Finance and/or the Funds or the Fund Managers. The User hereby agrees that the Confidential Material will be used solely for the purpose of assisting the User in its interest in any Fund. The User agrees that, except as required by law, the Confidential Material will be kept confidential by the User and will not be disclosed in any manner whatsoever, except as set out in clause 15 and 16 below.

  2. The User may disclose all or portions of the Confidential Material to its directors, officers, employees, agents, affiliates, representatives and advisors (collectively the "Representatives") who need to know such information for the purposes of evaluating an investment in any Fund. The User shall inform its Representatives of the confidential nature of the Confidential Material and shall direct its Representatives to treat such information as confidential, and to otherwise comply with the terms of this Agreement. The User agrees that it will maintain a complete and accurate record of all persons to whom the Confidential Material has been disclosed. In any event, the User shall be responsible for any breach of this Agreement by any of its Representatives, and the User will, at its sole expense, use its best efforts to restrain its Representatives from prohibited or unauthorised disclosure or use of the Confidential Material.

  3. The User shall have no obligation to preserve the confidentiality of any Confidential Material (a) which is already in its lawful possession; (b which is or becomes generally available to the public other than as a result of an unauthorised disclosure by the User, (c) which becomes available to the User from a source other than the Website, or other than any other communication from Gamma Finance; (d) between the User and the applicable Fund manager and counterparty with respect solely to Confidential Information regarding a Transaction involving such manager and such counterparty, respectively, or (e) which is required to be disclosed by applicable law or legal process or pursuant to any legal, governmental, regulatory or self-regulatory requests for information or documents. In any event contemplated in this clause 16, the User shall notify Gamma Finance in writing prior to such disclosure in order to give Gamma Finance an opportunity to object or limit such disclosure and the requested party shall disclose only such information which, in the written opinion of the requested party's counsel, is legally required to be disclosed.

  4. The User understands and agrees that damages would not be an adequate remedy for any breach of this Agreement, and that Gamma Finance shall be entitled to equitable relief, including injunctions and specific performance, if the User or its Representatives breach or threaten to breach any provision of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach or threatened breach by the User or its Representatives of this Agreement but shall be in addition to all other remedies available at law or equity to Gamma Finance. In the event of court proceedings relating to this Agreement, if a court of competent jurisdiction determines that the User has breached this Agreement, then the User shall be liable and pay to Gamma Finance the reasonable legal fees Gamma Finance has incurred in connection with such court proceedings.

  5. "Confidential Material" shall mean any information disclosed to the User in connection with its access to and registration with the Website, including, without limitation, any user identification number and any password to the Website that is issued to the User and any Information on the Website, including any information that relates to or involves any Fund.

Use of Website

  1. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. Users may not take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure. Users agree that they will not introduce any viruses, bug, worm, trojan horses or other harmful computer code through their use of the Website. Users may not disclose or share their password to any third parties and Gamma Finance will have no liability to you from your disclosure of User's password to any third party. Users are solely responsible for any and all activity that takes place under their login information, whether or not authorized by the User. Users will promptly notify Gamma Finance of any unauthorised use of their password. Users also agree to notify Gamma Finance immediately (i) in the event of the loss or theft of their login information, (ii) if they believe the confidentiality of their login information has been compromised in any way, or (iii) in the event they learn of the possible or actual unauthorised use of their login information. Gamma Finance reserves the right to revoke User's login information at any time, for any reason, without prior notice.

  2. In the event that Gamma Finance is unable to verify or authenticate any information any User provides to us, or if any User breaches this Agreement by failing to comply with any other terms of this Agreement, then Gamma Finance may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate that User's membership of the Website, in addition to any and all remedies Gamma Finance may have and exercise against that User in law, equity, contract, tort or otherwise.

  3. Use of and browsing of the Website is at the User's own risk. Neither Gamma Finance, any of its agencies, nor any other party involved in creating, producing, or delivering the Website is liable for any loss of profits, or direct, incidental, consequential, indirect, or punitive loss or damages arising out of the Users access to, or use of, the Website nor for an aggregate amount greater than the aggregate of payments received by Gamma Finance from the User under this letter of agreement, save in the case of fraud, gross negligence, personal injury or death.

  4. Without limiting the foregoing, everything on the Website is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all Users; in such jurisdictions our liability is limited to the fullest extent of the law. Gamma Finance does not warrant the accuracy or completeness of any of the materials or information on the Website. Gamma Finance does not warrant that the site shall be error free or continuously available and does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with by numerous factors outside of our control. Gamma Finance also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the User's computer equipment or other property on account of the User's access to, use of, or browsing in the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website .

  5. Users shall indemnify and keep indemnified Gamma Finance against all loss, liability or damage which Gamma Finance may suffer as a result of User's negligence or wilful act or omission or a direct or indirect breach by such User of these Terms and Conditions or as a result of such User's use of the Website.

  6. Any personal data (e.g. Users name, address, telephone number or e-mail address) transmitted to the Website by electronic mail or otherwise, will be used by Gamma Finance in accordance with the privacy policy of the Website (see below).

  7. Certain hypertext links in this Website may lead to websites that are not under the control of Gamma Finance. No such links shall imply any relationship or connection between Gamma Finance and the operator of the such websites. Gamma Finance has not reviewed any or all of the Websites linked to the Website and is not responsible for the nature or the content or the privacy policies of any off-website pages or any other websites linked to the Website. Gamma Finance accepts no responsibility or liability for the contents of any Website to which a hypertext link exists and gives no representation or warranty (express or implied) as to the information on such websites. By providing access to other websites, Gamma Finance is not recommending or endorsing the purchase or sale of any security or financial or other services provided, issued or endorsed by such website or its affiliates. Linking to the Website, off-Website pages or other Websites and in particular downloading computer programs from certain websites, may risk infringing copyright, introduce computer viruses into the User's own system and is at the User's own risk based upon such due diligence as the User has deemed appropriate.

  8. Gamma Finance may at any time revise these Terms and Conditions by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound. The terms and conditions are governed by the laws of England and Wales. By using the Website Users agrees to submit to the exclusive jurisdiction of the courts of England and Wales in the event of any dispute.

  9. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship between the User and Gamma Finance and each of its affiliates, authorised agents and licensees is intended or created by this Agreement.

  10. If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. In the event that any provision of this Agreement shall be void or unenforceable by reason of any provision of applicable law, it shall be deleted and the remaining provisions hereof shall continue in full force and effect and, if necessary, be so amended as shall be necessary to give effect to the spirit of this Agreement so far as is possible.

  11. The failure to exercise or delay in exercising a right or remedy provided by these Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy under these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

Copyright © 2009 Gamma Finance Ltd. All rights reserved.

WEBSITE PRIVACY POLICY

1.General

Gamma Finance respects the privacy of every individual who visits this Website. This Privacy Policy outlines the information Gamma Finance may collect and how it may use that information. This privacy policy applies to all personal information we hold about individuals. It does not apply to information we hold about companies and other organisations.

Gamma Finance will only use your personal information in accordance with the current data protection law in the UK and this privacy policy.

By accessing and using the website and by entering your personal information on the website you accept that Gamma Finance may retain your information and it may be held by us or by any third party which processes it on our behalf.

For the purpose of the Data Protection Act 1998, the data controller is Gamma Finance.

2.Personal Data

Gamma Finance will not collect any personally identifiable information about the User (e.g., name, address, telephone number or email address ("Personal User Data")) through this Website unless the User has provided it voluntarily. If Users do not want their personal data collected, they are asked not to submit it. Users are advised that as the transmission of information via the internet is not completely secure, although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

Any Personal User Data may be used by Gamma Finance, subsidiaries and affiliates for the purposes of (including but not limited to) (i) sending to you by post, email or by any other means, product information, special offers or upcoming events and similar information; (ii) to monitor and improve our Website; (iii) to conduct research for other purposes related to Gamma Finance's core business; and (iv) to enable third parties to carry out technical, logistical or other functions on our behalf.

Any communication or material (not including Personal User Data) transmitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or similar type of information is, and will be treated, as non-confidential and non-proprietary. Anything transmitted or posted may be used by Gamma Finance, subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication (including on the Website), broadcast, posting, mailing of product information or special offers.

3.Additional Information Collected Automatically

In some cases, Gamma Finance may automatically (i.e., not via registration) collect technical information when a User connects to the Website that is not personally identifiable. Examples of this type of information include the type of Internet Browser used, the type of computer operating system used and the domain name of the Website from which the link to this Website is activated.

4.Information Placed automatically on the Computer -- 'Cookies'

When viewing this Website, some information may be stored on the Users computer. This information may be in the form of a "Cookie" or similar file and can help Gamma Finance in many ways for instance to improve the content of a Website to better match Users interests and preferences. With most Internet Browsers, Cookies can be erased from the computer's hard drive, block all Cookies or receive a warning before a Cookie is stored. Users are advised to refer to their Browser instructions or help screen to learn more about these functions.

5.Information Sharing

Gamma Finance will not sell or otherwise share personally identifying information with other people or nonaffiliated companies except in connection with providing services to you at your request, or as required by law. Gamma Finance may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of The Companies Act 2006, and certain business partners to provide requested services that we do not provide directly.

From time to time we employ other companies to perform functions on our behalf including fulfilling orders, delivering packages, sending consumer communications, analysing data, processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

6.Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us.

7.Limitation

By submitting messages and/or materials to the Website, each User agrees to indemnify, defend and hold harmless Gamma Finance, its subsidiaries and affiliates, directors, officers and employees from all damages, costs and expenses, including reasonable attorney's fees and court costs arising out of all claims, challenges or actions related to the User's submission, including without limitation, claims for infringement of intellectual property rights, libel and defamation.

Copyright © 2009 Gamma Finance Ltd. All rights reserved.

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