Introduction

Please read these terms and conditions (‘Terms and Conditions’) carefully before using www.mmlcapital.com or any other website owned or operated by us (together, the ’Website’). The Website is operated by MML UK Advisor LLP, incorporated in England, company #OC393766, registered office Orion House, 5 Upper St. Martin’s Lane, London, WC2H 9EA (‘MML UK Advisor’, ‘us’, ‘we’, ‘our’).

These Terms and Conditions govern the use of the Website.  By accessing or using the Website, you agree to be legally bound by these Terms and Conditions, as they may be modified and posted on the Website from time to time.

These Terms and Conditions do not govern our provision or your use of any of our services (the ‘Services’).

Information Contained on the Website

The information, reports, press releases and newsletters contained on the Website should not, under any circumstances, be construed as the giving of advice or the making of a recommendation in respect of securities or any other financial matters, and should not, under any circumstances, be relied on as the basis for any decision or action.

Nothing on this Website constitutes an obligation or commitment on us or any of our associated funds, partners or subsidiary companies (‘Associates’), or any right upon you to demand or request us or any of our Associates, to invest, underwrite or otherwise deal in any fund or other investment opportunity.

This Website has been approved by MML UK Advisor, which is authorised and regulated by the Financial Conduct Authority with firm reference number 929690.

To the extent anything on this Website constitutes a financial promotion under the United Kingdom Financial Services and Markets Act 2000 (“FSMA”), such financial promotion is directed at persons falling within the following exemptions from the financial promotion restriction in section 21 of FSMA:

1. authorised firms under FSMA and certain other investment professionals falling within article 19 of the Financial Services and Markets Act (Financial Promotion) Order 2005, as amended (the “FPO”) and their directors, officers and employees acting for such entities in relation to investment;
2. certified high net worth individuals falling within article 48 FPO;
3. high net worth entities falling within article 49 FPO and their directors, officers and employees acting for such entities in relation to investment;
4. persons who otherwise fall within an exemption to the FPO; and persons who receive such information outside the United Kingdom.

The distribution of information on this Website to anyone in the United Kingdom not falling within the above categories is not permitted by MML UK Advisor and may contravene FSMA. No person falling outside those categories should treat any information contained on this Website as constituting a promotion to him, or act on it for any purposes whatever.

Visitors of this Website are advised that MML UK Advisor is not acting for or advising them and is not responsible for providing such visitors with the protections which would be given to those who are clients of MML UK Advisor under the Financial Conduct Authority Rules.

Risk Considerations

You should remember that the value of investments, and the income from them, may go down as well as up, and is not guaranteed, and investors may not get back the amount of money invested. Past performance cannot be relied on as a guide to future performance. Exchange rates changes may cause the value of overseas investments or investments denominated in different currencies to rise or fall.

Investors should bear in mind that investment in private equity funds can be subject to risks not normally associated with more developed markets or stocks. Investing in the private equity sector carries some particular risks and investment in private equity funds should be regarded both as long term and as carrying a high level of financial risk.

These are not all the risks of an investment in private equity funds. Investors should take advice from their own independent, professional financial advisers before making an investment decision and are responsible for ascertaining any income tax or other tax consequences which may affect their acquisition of any investment.

Information you Provide to us

All personal data relating to you that is processed by us is subject to our Privacy Policy.

In addition, the following also applies to all messages, e-mails, business opportunities, information and other data submitted by you to us related to the Website, including your use thereof, and/or Services (‘Content’):

• you must own or have the right to submit the Content to us and all Content submitted by you must be accurate, complete, legal, honest, decent and truthful and comply with all applicable laws, regulations, standards or codes of practice;
• you must ensure that all Content submitted to us does not infringe copyright, privacy, publicity, data protection, trade mark or any other rights of any third party;
• you must ensure the Content is not illegal or obscene, abusive, threatening, libelous, harmful or defamatory of or towards any person; and
• we have the right to monitor Content and we reserve the right to block, remove or delete Content, including incoming Content, if we believe that it is or may be inappropriate or otherwise does not comply with the above.

You have sole responsibility and liability for the Content which you submit to us and you shall indemnify and shall keep us and our Associates fully indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other incidental, pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us or any of our Associates and arising directly or indirectly out of the submission of Content by you to us.

You warrant and undertake that you will not use the Website for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene Content. If you breach these Terms and Conditions then your permission to use this Website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.

Modifications and Alterations to the Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website, the content or services or products available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, our provision of new products or services, or resources shall be subject to these Terms and Conditions.

Please note that the Website may contain typographical errors or other inaccuracies.

Applicability of Online Materials

Whilst we have taken all reasonable care to ensure that the information and material contained on the Website is accurate at the time of last revision, no representation or warranty, express or implied, is made as to its accuracy or completeness.

The Website is controlled and operated by us from our offices in England. We make no representations that the materials on the Website are appropriate or available for use in other locations. Those who visit the Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

If use of this Website and/or viewing of it, or use of any material or content on the Website or services, or products offered through the Website, is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use the Website and you must exit immediately.

Where content published on the Website is supplied by third parties, you accept and acknowledge that we do not control or endorse their content in any way. All such content which is offered by third parties that are not Associates connected with us, is published in good faith but we do not, under any circumstances, accept responsibility or liability for such content published (on or off-line) and the use of such content.

Limitation and Exclusion of Liability

All content, materials and information on the Website are provided on an “as is” basis and, to the extent permitted by law, you assume complete responsibility and risk for your use of the Website and your use of all content, materials and information contained within it.

We accept no liability or responsibility for any inaccuracies or typographical errors in or omissions from this Website.

To the fullest extent permitted by applicable law, we accept no liability for any loss or damage of any nature whatsoever and howsoever caused arising out of or in connection with these Terms and Conditions, the viewing, use or performance of the Website or its contents, information or material, whether due to inaccuracy, error, omission or any other cause and whether on the part of MML UK Advisor or our Associates, members, agents or any other person or entity.

If we are liable to you for any reason (other than death or personal injury arising from our negligence), our liability will be limited to £100.

Notwithstanding any other provision of these Terms and Conditions, we do not exclude or limit our liability for death or personal injury resulting from our negligence or for any other matter which cannot be excluded or limited by law.

You are responsible for ensuring that your computer system or device used to access and use the Website (including all content, materials and information on the Website) meets all relevant technical specifications necessary to use the Website (including all content, materials and information on the Website) and is compatible with the Website.

You acknowledge and accept that we cannot and do not guarantee or warrant that any content, material or information available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Intellectual Property Rights and Restrictions on Use

The contents, material and information of the Website are protected by copyright and other intellectual property rights. The owner of these rights is MML UK Advisor, its Associates, or other third party licensors. All product and company names and logos displayed in the Website (or any content, material or information on the Website) may be or may include the trade marks, service marks or trading names of their respective owners, including “Mezzanine” and “MML”.

You may print individual pages of content on paper (but not photocopy them) only for the purposes of making use of our Website or Services but otherwise you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent except in order to complete any survey or questionnaire.

Linked Sites

We make no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent from the Website and that we have no control over that website, including its content and availability. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.

Availability of the Website

We will try to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other Internet connected device.

General

We may assign or subcontract any or all of our rights and obligations under these Terms and Conditions.

We may alter these Terms and Conditions from time to time and post the new version on the Website, following which all use of the Website will be governed by that version.  Where possible and necessary, we may also send you the updated version of the Terms and Conditions.

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

Any failure or delay by us in enforcing an obligation or exercising a right, under these Terms and Conditions, does not amount to a waiver of that obligation or right or any other obligation or right.

You acknowledge that you have not entered into these Terms and Conditions in reliance on any statement or representation, except in so far as the representation has been incorporated into these Terms and Conditions. You irrevocably and unconditionally waive any right you may have to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Terms and Conditions.

These Terms and Conditions and your use of the Website are governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Notices

All notices shall be given by e-mail to us at info@mmlcapital.com or to you at either the e-mail or postal address you provide to us, if any. A notice will be deemed received 24 hours after an e-mail is sent or 3 days after the date of posting