TERMS OF USE

FOR EEA USERS: This site and the information on it is neither directed at nor made available to retail clients. It is directed only at persons who are professional investors (for the purposes of the Alternative Investment Fund Managers Directive (2011/61/EU) (known as ‘AIFMD’); professional clients or eligible counterparties for the purposes of the Markets in Financial Instruments Directive (Directive 2004/39/EC) (known as ‘MiFID’); or as otherwise defined under applicable local regulations and at whom this site and the information on it may lawfully be directed in any relevant jurisdiction. The definition of professional investor under AIFMD can be found here and the definitions of professional client and eligible counterparty under MiFID can be found here. Please contact us if you require any further information on your status.

By accepting these Terms of Use, you hereby certify that you are a Professional Investor, Professional Client or an Eligible Counterparty.

1. About Kimura Capital

The Kimura Capital website ‘www. kctf02.ts3.testdigital.net (‘Kimura’s site’) is issued for all purposes by Kimura Capital LLP (‘Kimura). Kimura is authorised and regulated by the Financial Conduct Authority of the United Kingdom (‘FCA’) (firm reference number: 809685). 

2. Your use of the site

These Terms of Use set out the terms on which you may make use of Kimura’s site and apply to every page on Kimura’s site, whether or not such pages are individually disclaimed. Please read these Terms of Use carefully before you start to use Kimura’s site. By using Kimura’s site, you have indicated that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Kimura’s site. These Terms of Use also incorporate Kimura’s Cookies and Privacy Policy, and all other rules, policies and procedures that may be published from time to time on Kimura’s site, each of which is incorporated by reference and each of which may be updated by Kimura from time to time without notice to you.

In the United Kingdom, the issue and communication of this website has been approved by Kimura. If you are in the United Kingdom or elsewhere in the EEA, you should note that Kimura’s site may contain information or documents which constitute a financial promotion for the purposes of the Financial Services and Markets Act 2000 and the FCA Rules. Accordingly, Kimura’s site is issued only to and/or is directed only at persons who are professional clients or eligible counterparties as defined in the FCA Rules. Kimura neither provide investment advice to, nor receive and transmit orders from, investors in any funds nor do Kimura carry on any other activities with or for such investors that constitute ‘MiFID or equivalent third country business’ for the purposes of the FCA Rules.

Kimura may revise these Terms of Use from time to time by updating this page. The revised Terms of Use will take effect when they are posted. You are expected to check this page from time to time and to take notice of any changes we may have made, as by using Kimura’s site you acknowledge that you have accepted any such amendments.

You must NOT use Kimura’s site (or permit or procure others to use it) as follows:

• for any unlawful, improper or illegal purpose or activity;
• to violate Kimura’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
• to damage Kimura’s name or reputation or that of Kimura’s affiliates or any third parties;
• to impersonate any of Kimura’s employees or other person or use a false name while using Kimura’s site or implying an association with Kimura;
• to penetrate Kimura’s security measures or other entities’ systems (“hacking”);
• to generate excessive amounts of internet traffic, to interfere with Kimura’s network or other’s use of Kimura’s site or to engage in activities designed to or having the effect of degrading or denying service to users of Kimura’s site or others;
• to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into Kimura’s site or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from Kimura’s site is free from such items; and/or
• to transmit confidential or proprietary information, except solely at your own risk.

3. Marketing restrictions

The distribution of information on this site may be restricted by law in certain countries. This site and the information on it is not addressed to any person resident in the territory or country or jurisdiction where such distribution would be contrary to local law or regulation. Some funds are not available, and offering materials relating to them will not be distributed, to persons resident in any country where such distribution would be contrary to local law or regulation.

4. Compliance with law and regulation

When using this site, you agree you will comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to view and/or download the information contained on Kimura’s site in certain countries and kimura and its affiliates disclaim all responsibility if you access or download any information from Kimura’s site in breach of any law or regulation of the country in which you are a citizen or in which you are resident or domiciled.

5. Accuracy of information

Kimura has taken reasonable care to ensure that the information on this site is accurate, current, complete, fit for its intended purpose and compliant with applicable law and regulation as at the date of issue. However, errors or omissions may occur due to circumstances beyond Kimura’s control and no warranty is given, or representation made, regarding the accuracy, validity or completeness of the information on this site and no liability is accepted by such persons for the accuracy or completeness of such information. You must conduct your own due diligence and investigations rather than relying on any information on Kimura’s site. Any person who acts upon, or changes his or her investment position in reliance on, the information contained on Kimura’s site does so entirely at his or her own risk.

6. Access

Kimura reserves the right to deny you access to Kimura’s site, or immediately to suspend or terminate your access to this site, or to disable any user name or password (whether chosen by you or allocated by Kimura) at any time (in Kimura’s sole discretion).

7. Liability for use of Kimura’s site

Access to this site is permitted on a temporary basis and Kimura reserves the right to withdraw or amend the service and/or information that it provides on this site without notice. Kimura does not accept any liability if for any reason this site is unavailable at any time or for any period. This site is provided for informational purposes only and is not intended to constitute an invitation, solicitation or offer to subscribe for or purchase any investments, products or services (including, for the avoidance of doubt, any units or shares in any fund), nor shall it, or the fact of its issuance, form the basis of, or be relied on in connection with, any contract.

The information and opinions contained in this site have been compiled, or arrived at, by us from sources believed by Kimura to be reliable as at the date of publication. However, the information and any opinions contained on Kimura’s site are subject to change, are for background purposes only and are not to be relied upon as investment advice or interpreted as a recommendation. Kimura, its affiliates and other third parties connected to Kimura do not accept any responsibility for any reliance which is placed by any visitor to this site, or by anyone who may be informed of any of its contents, on any information or opinions which are expressed herein and, to the extent permitted by law, expressly exclude all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity.

Kimura’s site is not intended to provide a sufficient basis on which to make any investment decision and you should not solely rely on it in evaluating the merits of investing in any investments, products or services referred to on Kimura’s site. Any decision to purchase securities or interests with respect to any funds must only be made having thoroughly read the relevant prospectus or offering memorandum for the relevant fund, including any supplements thereto, which must be received and reviewed prior to any investment decision and which may contain information which is different from the information and opinions contained on Kimura’s site. Any person subscribing for an investment, product or service referred to on Kimura’s site must be able to bear the risks involved and must meet the suitability requirements relating to such investment, product or service. Some or all alternative investment programs may not be suitable for certain investors.

Kimura, its affiliates and other third parties connected to us therefore expressly exclude any liability and responsibility arising from any reliance placed on such materials and information by any visitor to Kimura’s site, or by anyone who may be informed of any of its contents, for (i) the accuracy, validity, timeliness, merchantability or completeness of, any information or data (whether prepared by Kimura or by any third party) for any particular purpose or use or that the information or data will be free from error and (ii) any direct, indirect or consequential loss or damage of any kind incurred by any visitor to this site, or by anyone who may be informed of any of its contents, in connection with this site or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of this site or any websites linked to it or materials posted on it. This does not affect Kimura’s liability for any loss or damage which cannot be excluded or limited under applicable law.

The internet is not a completely reliable transmission medium and neither Kimura nor any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from Kimura or any of its affiliates. Any such transmission of information is entirely at your own risk.

8. Linked websites

Should you leave this site via a link contained within this site and view content that is not provided by Kimura, you do so at your own risk. Kimura may provide links only as a convenience and without liability. In particular, and without limitation, you understand and agree that the ability to link to another website and the fact that a link exists does not mean that Kimura endorses or guarantees such site, the site sponsor or the site contents. The content which you access via such links will not have been developed, checked for accuracy, or otherwise reviewed by Kimura. Kimura make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, sequence or timeliness of any electronic content. Your reliance on any information contained on any site reached through a link shall be your own responsibility. When you leave this site, unless otherwise indicated, you will be subject to the terms of use and privacy policies of the new website which you are visiting. If you reached this site via a link, please be advised that the ability to link to Kimura’s site and the fact that a link exists does not mean that we necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the website from which you linked to Kimura’s site (the ‘Linking Site’). Kimura is not responsible for any damages or losses arising from any delays, defects or omissions that may exist in the services, information or other content provided in the Linking Site. Kimura makes no guarantees or representations as to, and shall have no liability for, any content on any Linking Site, including, without limitation, the accuracy, subject matter, quality, sequence or timeliness of any such content.

9. Indemnity

You agree to indemnify, defend, and hold harmless Kimura, its affiliates and its officers, partners, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your breach of the Terms of Use and/or access to or use of this site.

10. Intellectual property rights

Kimura is the owner or the licensee of all intellectual property rights in this site, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You may use the materials on Kimura’s site and download and reproduce them in hard copy for your own reference only. Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without Kimura’s prior written consent. Nothing on Kimura’s site should be construed as granting any licence or right in relation to any of Kimura’s trademarks or those of its affiliates or any third party.

11. Severability

If any specific term or condition of these Terms of Use is determined by a court of competent jurisdiction to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms of Use. Headings used in these Terms of Use are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained in these Terms of Use. When used in these Terms of Use the words ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.

12. Material Interests

Kimura and its partners, officers and/or employees may have holdings in the investment funds referred to on this site and may otherwise be interested in transactions that you effect in those funds.

13. Governing Law

These Terms of Use and any non-contractual obligations arising from or connected with them shall be governed by and shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of this site (whether arising out of or in connection with contractual or non-contractual obligations) (‘proceedings’) and it is a condition of using this site that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although Kimura retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

14. Third parties

For EEA Users: Kimura shall have the benefit of the rights conferred on us by these Terms of Use but otherwise no person who is not a party to these Terms of Use may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

15. Entire agreement

These Terms of Use (incorporating Kimura’s Cookies and Privacy Policy) and Kimura’s Disclaimer shall form the entire agreement between you and Kimura in relation to your use of this site.