Effective date: 15 June 2023
1. Limited Right to Use
CI grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms in their entirety. Your breach of any provision of the Terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Site.
2. Intellectual Property
Unless otherwise stated, CI owns or licenses the copyright in the Site and all other intellectual property rights on our Site, and those rights are protected by United Kingdom and international copyright laws and other intellectual property laws. We allow you to make copies of this Site as necessary incidental acts during your viewing of the Site. You can print, for your personal use, as much of the Site as is reasonable for private purposes. All other use is strictly prohibited. You are responsible for complying with all applicable copyright, trademark and other applicable laws.
3. Site Availability and Support
You may access the Site if and when it is available. We do not guarantee availability of the Site and the Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site.
4. Disclaimer of warranties and Non-Reliance
To the maximum extent permitted by applicable law, the Site is provided “as is,” “with all faults,” and “as available” and the entire risk of use and performance remains with you. We do not make any representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the Site. In particular, we make no warranty that the Site: (a) will meet your requirements; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, complete, or reliable, or (d) will be free from viruses, worms, or other harmful or malicious components. Nor do we warrant that any defects or errors on the Site will be corrected.
Any decisions you make based on information contained in this Site are your sole responsibility and you will use this Site only to facilitate your independent understanding. You acknowledge that, in relation to any commercial activity of any kind, you will be conducting your own independent assessment, and that you will not rely upon any information from this Site in lieu of conducting your own assessment and drawing your own conclusions of the matters addressed on this Site (or any errors therein or omissions therefrom). We do not assume any liability relating to delays or interruptions attributable to third party failures beyond our control. The Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You are responsible for compliance with all local laws and regulations.
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms; and (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms.
5. Use of hyperlinks
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
6. Disclaimer of certain damages
To the maximum extent permitted by applicable law, in no event will we have any liability, direct or indirect, (whether at law (including negligence), under statute, in equity or otherwise) to any person based upon, relating to, resulting from, or in connection with the Site or its accuracy, sufficiency or completeness, or these Terms for any special, incidental, indirect, consequential or punitive damages of any kind or any damages whatsoever.
7. Limitation of liability and exclusive remedies
CI does not warrant the accuracy, completeness or currency of the content of the information on this Site (the “Information”) (including the accuracy of underlying assumptions, or the achievement by CI of any particular results) and to the extent permitted by law, disclaim all responsibility and liability for any loss or damage of any nature whatsoever (including without limitation any consequential loss) which may be suffered by any person directly or indirectly through relying upon the Information (including in respect of any forward looking statements made in the Information), whether that loss or damage is caused by any fault or negligence of CI or otherwise.
To the extent permitted by law, CI also disclaims all responsibility and liability for any loss or damage of any nature whatsoever (and including consequential loss) which may be suffered by any person accessing this website, including the transmission of any computer virus. Without limiting the above matters, CI does not warrant the accuracy, completeness or currency of information contained on any website which may be linked to this website.
We do not guarantee that our Site will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by a virus or bug, a denial-of-service attack or any other technologically harmful materials that may infect your computer equipment, computer software, computer programmes or any other material due to your use of the Site, any content contained on it or downloaded from it or any website linked to it.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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 our Site will cease immediately.
8. Independent remedies
Each of the limitations of liability herein apply without regard to whether loss, liability, or damage arise from or in connection with (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of damages in certain circumstances and nothing herein will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law.
You hereby agree to defend, indemnify, and hold CI, its members and their respective affiliated entities, including but not limited to OGCI Climate Investments Management Company (US) LLC and its affiliates, as well as all directors, officers, employees, agents, partners, suppliers, and licensors of the foregoing entities and such affiliates, harmless and will keep them indemnified from any third party claims or demands, including reasonable legal fees, relating to, arising from, in connection with, or allegedly arising from or in connection with (a) your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.
11. Rights of Third Parties
These Terms do not give rise to any rights for a third-party to enforce any of these Terms apart from in respect of all directors, officers, employees, counsel, consultants, contractors, affiliates, members, and shareholders of OGCI Climate Investments LLP, each of which are intended third-party beneficiaries of these Terms with the right to enforce all the same rights as those conferred on OGCI Climate Investments LLP herein as though it was conferred directly on them, but for the avoidance of doubt their consent to vary or rescind these Terms is not required.
12. Governing Law and Exclusive Jurisdiction and Venue
These Terms (and any non-contractual disputes or claims) and your use of the Site is governed by the laws of England and Wales, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms or the Site will reside in the courts of England.
13. Effect on Other Agreements
Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with CI (including without limitation any customer agreement, participation agreement or account agreement) (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreement, the Other Agreement will govern. Some pages within the Site contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms. In the event of a conflict, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
14. Termination of Use
These Terms are effective unless and until terminated by either you or CI. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you access to the Site. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms or otherwise.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in the Site. If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms constitute the entire agreement between you and us with respect to the Site. All provisions which are intended to survive termination of these Terms shall so survive. You agree that any cause of action arising out of or related to the Site or these terms brought by you must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.
16. No offer
The Information does not constitute and should not be relied on as financial product or investment advice or an offer, solicitation or inducement to subscribe for, or do anything in respect of, any product or service. The Information does not contain anything in it that forms the basis of any contract or commitment.
17. Simulations and opinions
Any simulations and opinions presented in the Information are of a general nature and for commentary purposes only and result from analysis carried out by CI at a particular point in time and are no indication whatsoever of future results. The Information does not take into account any investor’s personal, financial or tax objectives, situations or needs and is subject to change according to market conditions.
18. Forward looking statements
Any forward looking statements contained in the Information are not a guarantee of future performance, and actual results, performance or achievements may vary materially. Forward looking statements in the Information are predictions only and may be affected by inaccurate assumptions and/or known and unknown risks and uncertainties and other factors which may be beyond the control of CI.
19. Past Performance
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.
20. Information is provided for general information purposes only
The Information is provided solely for general information purposes only and is not intended to be, and must not alone be taken as, the basis for an investment decision. It has been prepared without taking into account your objectives, financial situation or needs. The content of this Site is not suitable for retail investors.
The Information is only intended to provide a general overview of the matters with which it deals. The Information is not intended to be comprehensive, nor does it purport to constitute advice.
Investors should conduct their own investigation and analysis of an investment with CI (or any of its related bodies corporate) and the Information and make their own assessment of the appropriateness of the Information and any proposed investment having regard to their own objectives, financial situation and needs, independently and without reliance on CI or its respective directors, employees, agents and affiliates. In addition, investors are strongly urged to consult their own independent legal counsel and financial, accounting, regulatory and tax advisers before making any investment decisions.
Before making any investment decisions, investors should consult the relevant disclosure document in order to acquaint themselves with the precise nature of any risks incurred and in particular the risk of capital loss and, where relevant, the liquidity risk of underlying assets. Any decision to invest in an investment strategy should therefore be made only after reviewing such disclosure documents in their entirely. Any investment decision must be made in accordance with investors’ investment objectives, their investment horizon and their capacity to deal with the risk arising from the transaction. You should do this before making an investment decision by making this assessment yourself, or seeking the assistance of an adviser.
21. Information subject to change
The Information is subject to change at any time and at CI’s absolute discretion and CI is under no obligation to notify any person of any change, including anyone who has printed or had access to a hard copy of the Information. It is recommended that you review the Information provided on or via this Site, including the Terms, periodically for changes. Each time you use the Site, you should visit and review the then current-Terms that apply to your use of the Site.
22. Restricted access
As noted above, this Site is intended to be of general interest about CI. It is not intended to act as a financial promotion or invitation to enter into any type of investment relationship.
This Site is only directed at persons to whom CI can legally provide the Information in the jurisdictions in which they are located. This Site is not provided to any person who is a resident of a country where it would be prohibited or against local laws to provide the Information in this Site. Any products and services described in this Site are only available to persons in jurisdictions in which CI is permitted to do so in accordance with local laws and exemptions from laws requiring a registration or filing to effect a public sale. Without limiting the above matters, CI does not warrant that it holds any authorisations or approvals required in all jurisdictions where the Information may be accessed. CI does not and has no intention to offer or sell any funds, products or services in any jurisdiction where such an offer or sale would be unlawful under the relevant domestic law. You must satisfy yourself as to the laws which are in force in your jurisdiction and that access to the Information accords with the laws of your particular jurisdiction. In particular:
United Kingdom (“UK”)
Notwithstanding the foregoing, to the extent that any aspect of this Site nonetheless constitutes a financial promotion, the Information has been issued to investors inside the UK by CI. The Information is issued to and directed only at persons in the UK who are “professional clients” as defined in and in accordance with the Directive 2014/65/EU on markets in financial instruments as it forms part of the law in the United Kingdom by virtue of the European Union (Withdrawal) Act 2018 (as amended) and in accordance with The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005/1529 as amended, or to persons to whom it may otherwise lawfully be made (“Relevant Persons”).
Any investment or investment activity to which the Information relates is available only to Relevant Persons and will be engaged in only with Relevant Persons. The Information must not be acted on or relied on by any other persons in the UK. Note it is expressly not targeted at retail clients.
23. No registration of product
In choosing to access this Site you should be fully informed of the legal requirements, including foreign exchange restrictions and capital controls within your country of doing so and any relevant tax considerations arising from that. You should be aware that investment products offered by CI are exclusively offered, where it is permissible to do so at all, on a private placement basis, and have not (except as has been expressly notified to you in writing) been registered for public sale in any jurisdiction and may only be offered, again subject to local law and regulation, either: (i) on a “reverse solicitation” basis where an investor has approached CI; or (ii) pursuant to exemptions from laws requiring a registration or filing to effect a public sale.
24. Taxation disclosure
No consideration has been given to the impact of any tax and revenue laws on prospective investors. Prospective investors should consult their own tax advisers in relation to any such consequences.