Terms and Conditions of Use
Please read the following terms and conditions of use (the “Terms and Conditions of Use”) carefully. They govern your use of this website (this “Website”). By using this Website you agree to abide by these Terms and Conditions of Use. Park Square reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Terms and Conditions of Use, in whole or in part, at any time. Changes will be effective when posted and you agree that your continued use of this Website after such changes are made shall constitute your acceptance of such changes. Park Square reserves the right to restrict or prevent access of any person to this Website in its sole discretion. You are advised to review these Terms and Conditions of Use on a regular basis as you will be deemed to have accepted any variations if you continue to use this Website after they have been posted. If you do not agree to abide by, or cannot be legally bound by, these Terms and Conditions of Use, do not use this Website.
About Park Square
References to “Park Square Capital” or “Park Square” in this Website are to the group of entities comprising Park Square Capital, LLP and its affiliates. Park Square Capital, LLP (a limited liability partnership registered in England under the registered number OC309394) with its registered office at 7th Floor Stratton House, 5 Stratton Street, London, W1J 8LA is authorised and regulated in the United Kingdom by the Financial Conduct Authority (the “FCA”). Park Square Capital, LLP is entered in the FCA’s Register with the FCA Register number 414858.
Use of this Website
This Website may be accessed and used only for lawful purposes and for your personal or internal business use. If you use or access this Website other than in accordance with these Terms and Conditions of Use, this could be a criminal offence under the Computer Misuse Act 1990. Park Square cannot guarantee that this Website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at firstname.lastname@example.org
Park Square cannot guarantee that documents or files downloaded from this Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Site. You must not post or provide to us via this Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Website.
By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single copy of any part of the content of this Website (other than documents, files or other information contained in any password-protected parts of this Website (“Password Protected Areas”), which are subject to particular terms set out under the Password Protected Areas for your use in accordance with these Terms and Conditions of Use. You are not permitted to reproduce, extract or distribute to third parties any such content for commercial use.
Except as expressly permitted by applicable law, you may not (except to the extent required in order to use this Website in accordance with these Terms and Conditions of Use) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this Website or systematically extract material from this Website or any document available through it or in any other way exploit commercially all or any part of this Website or any document available through it without the prior written permission of Park Square.
The Website may include information concerning, or information, services or products provided by, persons other than Park Square (each an “Other Person”). Any such information, services or products provided by any Other Person are those of the relevant Other Person and not of Park Square. Park Square does not endorse, and does not take responsibility for, any Other Person’s information, services or products. Further, you should not assume that any Other Person is aware of, has agreed to or assumes any responsibility in respect of any information about that Other Person or any services or products provided by that Other Person that may be included or referred to in this Website.
Password Protected Areas
The Password Protected Areas are password protected for reasons of confidentiality. You should also note that those parts of this Website that are password protected are only directed at professional investors (for example, large companies and institutions, and other sophisticated investors who have sufficient experience and understanding of these types of investment). If you do not fall into these categories, you should not rely on the information on these parts of this Website, and you will not be permitted to invest in any investment vehicles or accounts managed and/or advised by Park Square. Park Square will need to be satisfied, before permitting any person to invest in any investment vehicles or account it manages and/or advises, that Park Square is able to do so in accordance with applicable law and regulations.
If you have a username and password, you are responsible for the activities that occur in connection with their use and as such should take steps to protect them from misuse. If you become aware of any unauthorised use, loss or theft of your username and password, please immediately inform Park Square at IRteam@parksquarecapital.com
The Password Protected Areas contain confidential, proprietary, trade secret and other commercially sensitive information, and by accessing such materials, you agree to keep such information strictly confidential and not reproduce or redistribute the information in any format without the express written approval of Park Square, upon the request of Park Square, to promptly return to Park Square any materials that you have downloaded and (c) that in the event you become legally required to disclose any of the materials, you shall promptly notify Park Square in writing of such requirement prior to any such disclosure and use reasonable best efforts to obtain a protective order or other appropriate remedy (or, at Park Square’s request, assist Park Square in seeking a protective order or other appropriate remedy) to prevent the disclosure of such materials. In the event that a protective order or other remedy is not obtained pursuant to clause (c) above, you agree to use reasonable best efforts to obtain assurance that confidential treatment will be accorded to the materials disclosed.
The materials on this Website are provided for general information purposes only. This Website (and the information contained herein) is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product relating to any company or other investment vehicle advised and/or managed by Park Square or any company or other investment vehicle in which Park Square or its affiliates have invested. Nothing on this Website constitutes advice of any kind, including but not limited to professional or financial advice, nor a recommendation or endorsement in respect of any securities or interests in any securities. The information on this Website does not purport to be a comprehensive or representative statement of the matters referred to, or transactions entered into, managed or advised on by Park Square, or the law relating thereto. Visitors to this Website are encouraged to seek independent professional advice, including tax advice, from their legal, financial, personal and other advisers before making any investment or financial decision or purchasing any financial, securities or investment related service or product.
Unless otherwise expressly set out herein, Park Square makes no representation that any information or material on this Website is legal, appropriate or available for use or accessible in any location. This Website and its contents is not directed at, or intended for distribution to, any person who is a citizen or resident of (or located or established in) any jurisdiction where the use of this Website would be contrary to applicable law or regulation or would subject Park Square to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Website are required by Park Square to inform themselves about, and to observe, any legal or regulatory restrictions which may affect their eligibility to access this Website. Professional advice should be sought in cases of doubt. If it is illegal or prohibited at your location for you to access or use this Website, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with all laws and other restrictions relating to their access to and use of the Website.
Limitations of Liability
This Website and the information and materials on this Website are provided “as is” and without warranties or representations of any kind either expressed or implied, and are not nor should they be considered to constitute legal, tax credit, financial or other professional advice. Park Square and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. Park Square does not warrant the accuracy, completeness or reliability of any information on this Website or that this Website will operate “error free”. In no event shall Park Square, any company or other business structure referred to on this Website, any of their affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, accounts, and such accounts’ investors, funds and such funds’ limited partners (collectively, the “Park Square Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website. Park Square’s liability is limited to the maximum extent permitted by applicable law and regulation, and is limited even if Park Square has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction.
Neither you nor any third party shall link into this Website without the express consent of Park Square. This Website may provide links to websites operated by others. In addition, third-party sites may be linked to this Website, with or without Park Square’s consent. Park Square makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon, including privacy policies, or any of the products of services described thereon. We do not accept any liability in connection with such sites or links. Where we provide a link to a third party’s website, we do so because we believe in good faith that such site contains or may contain material which is relevant to that on this Website. The link does not signify that we have reviewed or approved the contents of the third party’s website.
If your use of this Website gives rise to any third party claim against you or any Park Square Party, you agree to (a) indemnify and hold harmless the Park Square Parties with respect to any such claim, (b) release the Park Square Parties from any such claim and (c) waive all laws that may limit the efficacy of such release. Nothing in these Terms and Conditions of Use excludes or limits our liability to you under the FCA’s Rules or where this would otherwise be prohibited by law.
Intellectual Property Rights
All trademarks, logos, service marks, images and copyrighted materials are the property of their respective owners, who may or may not be affiliated with Park Square. Nothing on this Website shall be interpreted as granting any license or right to use any such trademarks, logos, service marks, images and copyrighted materials or, without the prior written consent of Park Square, any other content or materials on this Website. Your right to use the content is strictly limited to use in connection with your authorised use of this Website as permitted hereunder. The content may not otherwise be reproduced, distributed, transmitted to any person or incorporated in any way into another document or material without our prior permission.
If any of these Terms and Conditions of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other term or condition; or (b) the legality, validity or enforceability in other jurisdictions of that or any other term or condition.
To the extent that this Website contains any forward-looking statements, they will be based on Park Square’s opinions, expectations and projections as at the time of writing. Park Square undertakes no obligation to update or revise any forward-looking statements. Actual results may differ materially from those anticipated in any forward-looking statements. Park Square makes no representation, and it should not be assumed, that past investment performance is an indication of future results.These Terms and Conditions of Use are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.
Park Square Capital, LLP and its affiliates (“We”) are committed to protecting and respecting your privacy.
This policy (together with our Terms and Conditions of Use (http://www.parksquarecapital.com/legal.html) and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of applicable data protection legislation, including the Data Protection Act 1998 (the “Act”) and the EU General Data Protection Regulation, the data controller is Park Square Capital, LLP of 7th floor, Stratton House, 5 Stratton Street, London, W1J 8LA.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms that may appear on our website http://www.parksquarecapital.com (our “Website”). This includes information provided at the time of registering to use our Website, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- If you contact us, we may keep a record of that correspondence.
- Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
- Various personal and financial details as well as any details of goods or services that we have provided to you.
The legal basis for the processing of data relating to you is that the processing is necessary for the legitimate interests of Park Square, such interests being the facilitation of the uses of such data which are described in this policy.
Your data shall be retained for as long as necessary for the purposes for which it was obtained or such longer period as required by law or applicable regulation. In some circumstances, such as where it is reasonably necessary for prospective legal proceedings or in the event of a dispute of fact, it may be retained for as long as Park Square considers it necessary for such further purpose.
Individuals located in the EU whose personally data is processed by Park Square have the right to request from Park Square access to, and rectification or erasure of, their data or restriction of processing concerning them or to object to the processing as well as the right to data portability. These rights are all subject to some limitations as provided for by applicable law. Individuals located in the EU have the right to lodge a complaint about the processing of their personally identifiable information with the supervisory authority of Park Square, which is the UK Information Commissioner’s Office.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Uses made of the Information
We use information held about you in the following ways:
- To ensure that content from our Website is presented in the most effective manner for you and for your computer.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by an affiliate of us operating outside the EEA, located primarily in the United States. Such affiliate may be engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
Disclosure of your information
We may disclose your personal information to any member of our group, which includes our subsidiaries and members together with their respective affiliates, including subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions of Use (http://www.parksquarecapital.com/legal.html) and other agreements.
Governing Law and Jurisdiction
These Terms and Conditions of Use, and all matters connected with them, are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms and Conditions of Use, including regarding the existence, validity or termination of these Terms and Conditions of Use or consequences of their nullity.
This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Website is prohibited. Persons in respect of whom such prohibitions apply must not access the relevant pages on this Website.
1) Comprising capital commitments and leverage, as at 31/3/19