Terms of Use

This website (the “Website”) is a website operated by Cairn Capital Limited (“Cairn Capital”). The information on the Website is communicated by Cairn Capital both inside and outside the United Kingdom.

By accessing or using the Website, you hereby accept and agree to comply with these Terms of Use. You acknowledge your understanding that these Terms of Use constitute a binding agreement between you and Cairn Capital (also referred to as “we” or “us”) that governs your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN CURRENT FORM. IF YOU DO NOT ACCEPT SUCH TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOUR COMPLIANCE WITH THESE TERMS OF USE AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE WEBSITE MADE AVAILABLE TO YOU IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE.

Professional Investors only:

The content of the Website is directed exclusively to eligible counterparties and professional clients and is not directed to retail clients (each as defined in the rules of the Financial Conduct Authority). If you are a retail investor then please leave the Website immediately.

Legal Restrictions:

The Website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons in respect of whom such prohibitions apply must not access the Website.
Updates to the Website:
Cairn Capital reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms of Use that apply to your use of the Website.

Website Security:

You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use.

Any violations of system or network security, including attempts to intentionally access a computer without authorisation or exceed your authorised access level, may result in civil and criminal charges. Cairn Capital 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 to 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.

Ownership of Materials on Website:

Unless otherwise noted, all Contents (including in relation to any trademark, logo and/or software that may be licensed by Cairn Capital to Cairn Loan Investments LLP (“CLI”) and Cairn Loan Investments II LLP (“CLI II”)) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Cairn Capital or by third parties who have licensed their materials to Cairn Capital and are protected by applicable copyright laws. The compilation of all Contents on the Website is the exclusive property of Cairn Capital and is also protected by applicable copyright laws.

Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Cairn Capital’s property and may be used by us for any lawful purpose. Cairn Capital reserves all rights with respect to copyright and trademark ownership of all material on the Website and will enforce such rights to the full extent of the law.

You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

Privacy and Cookies:

Data Protection and Privacy Policy

Cairn Capital collects certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to our firm on the Website or through other means, including in connection with Cairn Capital’s registration procedures for access to the Client /Investor Portal.

Please click here to read our Privacy Notice, which explains how our firm uses and shares personal data of individuals with whom we interact.

Cookie Policy

Cookies are small files stored on the hard drive of your computer, which help us to improve the Website and deliver a more personalised service. By storing information such as location and web pages visited, we can improve your browsing experience and the quality of the services we provide you. We can also keep you informed with information we think could be of interest. You do not need to supply any information if you do not want to. You can change your cookie preferences by changing the setting on your web browser to delete or reject cookies. If you delete or reject cookies, you may be unable to access parts of the Website. Nevertheless, you will always be able to access the public areas of the Website.

No Offers or Reliance:

The information on the Website is provided for informational purposes only. Nothing contained on the Website constitutes an invitation or offer to buy or sell any investment or to enter into any agreement and none of Cairn Capital, CLI, CLI II or any of their affiliates (collectively, the “Cairn Entities”) is soliciting any action based upon the content of the Website. Nothing contained on the Website is intended to provide a basis on which to make an investment decision or constitutes a personal recommendation or takes into account the particular investment objectives, financial situations or needs of any particular person. In addition, no information, Content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Website are included as representative transactions and are not necessarily reflective of overall performance. The Cairn Entities do not advise on the tax consequences of any investment.

The Cairn Entities make no representations that transactions, products or services described on the Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.

While the Cairn Entities use reasonable efforts to obtain information from reliable sources, the Cairn Entities make no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Website obtained from third parties. Certain information on the Website may contain forward-looking statements. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook”, “indicator”, “believe”, “expect”, “potential”, “continue”, “may”, “should”, “seek”, “approximately”, “predict”, “anticipate”, “optimistic”, “intend”, “plan”, “estimate”, “aim”, “will” or the negative version of these words or similar expressions. Cairn Capital undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions and any other Contents on the Website are subject to change without notice.

Past Performance and Risk Warning:

Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past or that significant losses will be avoided. Securities and derivative instruments involve a high degree of risk. Different types of funds, strategies or investments present different degrees of risk.

Conflicts of Interest:

The Cairn Entities and/or any of their clients’ accounts may, from time to time, have long or short positions in, and buy or sell, securities, options, derivatives or other instruments and investments identical or related to those that may be mentioned herein. Such positions may be the same as or different from (including opposite to) the economic effect of any transactions described herein.

No Warranty; Limitation on Liability:

BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER THE CAIRN ENTITIES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE CAIRN ENTITIES NOR THEIR ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED IN THE WEBSITE NOW OR IN THE FUTURE. THE CAIRN ENTITIES AND THEIR ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES.

UNDER NO CIRCUMSTANCES WILL THE CAIRN ENTITIES OR THEIR ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORISED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF THE CAIRN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorised representative of Cairn Capital has been advised of or should have knowledge of the possibility of such damages.

Linked Websites:

When you access certain links on the Website you may leave the Website. Cairn Capital has not reviewed any of the websites linked to the Website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.

Password Security and Notification:

Access to certain parts of the Website requires a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your login credentials and you agree that you will submit complete and accurate registration information as requested by Cairn Capital and maintain the accuracy of this information by promptly notifying Cairn Capital of any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Cairn Capital immediately if you become aware of any disclosure, loss, theft or unauthorised use of your login credentials. Cairn Capital is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.

Disclosure Regarding Cairn Capital Social Media Channels:

The content on Cairn Capital’s social media channels, including Twitter and LinkedIn, is provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. Cairn Capital does not warrant the accuracy, completeness or usefulness of the information available on its social media channels. Cairn Capital does not control and is not responsible for any third party content on such channels or on other third party websites that may be linked to by such channels. Such third party content or websites should not be presumed to reflect the view of Cairn Capital or our staff. Cairn Capital is not responsible for the implications of your use of such channels or such third party content or websites, or for any third party’s policies or practices regarding security, privacy, use or other matters.

Call Recording:

All telephone conversations between you and the Cairn Entities may be recorded. The recipient specifically consents to the Cairn Entities recording such conversations and agrees to notify its employees and agents that all conversations with the Cairn Entities may be recorded and that it has consented to all conversations with the Cairn Entities being recorded.

Governing Law:

Use of the Website shall be governed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute (including any dispute relating to non-contractual obligations) arising out of your use of the Website. Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in another jurisdiction.

Business Continuity Summary Disclosure Statement:

Cairn Capital maintains a Business Continuity Plan (which also applies to CLI and CLI II) as a framework to prepare the firm(s) in the event of extended service outages caused by factors beyond its control (e.g., hurricanes, natural disasters, man-made events) and to restore services to the widest extent possible in a minimum time frame.

If you cannot contact Cairn Capital through normal channels, please check the Website (www.cairncapital.com) for alternative means of communication.

Contact Information:
Cairn Capital Limited
27 Knightsbridge
London
SW1X 7LY
Phone: +44 (0) 207 259 4800

Cairn Capital’s Business Continuity Plan is subject to change at any time in Cairn Capital’s sole discretion.

Cairn Capital’s Disclosure Statement for Users in the United Kingdom:

The information contained on the Website has been approved for issue in the United Kingdom by Cairn Capital.

Cairn Capital is authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”). Cairn Capital is also an investment adviser registered with the U.S. Securities and Exchange Commission and is registered as a commodity pool operator and commodity trading adviser with the U.S. Commodity Futures Trading Commission and is a member of the U.S. National Futures Association. CLI and CLI II are both authorised and regulated by the FCA. Cairn Capital, CLI and CLI II’s registered office is at 27 Knightsbridge, London SW1X 7Y. CLI and CLI II are not affiliates of each other nor of Cairn Capital but Cairn Capital established them and provides them with support services.