Terms & Conditions
These terms and conditions (“Terms and Conditions”) govern the use of this website provided by Equityhub Group Pte Ltd (herein referred to “Equityhub”) and the Service (as hereinafter defined) by the person who uses the Service, having registered and established a username to do so (the “User”) and the company or other organization with or for whom the User works as identified on the User’s registration form, and for which the User’s use of the Service relates (the “Client Organization”) (hereinafter together termed the “Client”). Use of this website constitutes the Client’s acceptance of these Terms and Conditions and acceptance takes effect immediately on first use of the Service. Acceptance of these Terms and Conditions constitutes full acceptance of all these Terms and Conditions, subject to severability as described below, and agreement to be bound thereby.
Equityhub reserves the right to amend these Terms and Conditions at any time and from time to time by posting changes on this website and the Client acknowledges that its continued use signifies acceptance of any such revised Terms and Conditions.
Equityhub hereby agrees to furnish the Client and the Client hereby agrees to subscribe and utilize this online service from Equityhub (the “Service”) only in accordance with these Terms and Conditions.
The Service consists of any and all information made available to the Client on Equityhub’s website, https://institutionalrfpsearch.com.
The Service is for information purposes only and does not constitute and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction, or advice of any nature whatsoever. If the Client seeks advice rather than information it should seek an independent advisor and hereby agrees that it will not hold Equityhub responsible in law or equity for any decisions of whatsoever nature the Client makes or refrains from making following its use of the Service
While Equityhub uses reasonable efforts to obtain information from sources which it believes to be reliable, Equityhub makes no representation or warranty that the information or opinions contained in the Website are accurate, reliable, up-to-date or complete.
The Client acknowledges that Equityhub has used sources whose legitimacy and accuracy it has used reasonable endeavours to ensure in the creation and provision of the Service, and that if the Client believes that any of the information contained therein is inaccurate or misrepresented, the Client will bring this to the notice of Equityhub or its agent and provide information to assist Equityhub in correcting any such deficiencies, and that the Client will take no further action in law or equity with respect to such inaccurate or misrepresented information or the Client’s belief thereof. The Client further agrees that Equityhub will endeavour to rectify such deficiencies in good faith, and that such action will be deemed to fulfil Equityhub’s and its agents’ obligations to the Client. The information and opinions contained in the website are provided by Equityhub for the Client’s business use and informational purposes only and are subject to change without notice. Nothing in the Service constitutes, and nor should it be construed as, investment, legal, tax or other advice and it should not be relied on in making an investment or other decision. The Client should obtain relevant and specific professional advice before making any investment decision.
Equityhub hereby grants the Client a limited, non-exclusive, non-transferable subscription (the “Subscription”) to access and utilize the Service and any information contained in the Service or this website or otherwise and howsoever provided by Equityhub to the Client (any and all of such data individually and collectively and any part thereof being called the “Data”) solely for its own internal business purposes, all in accordance with the terms and conditions of the Agreement (as hereinafter defined). All rights not specifically granted to the Client are hereby retained by Equityhub.
The Agreement governs the provision and use of the Service. The Service will be furnished to the Client at the subscription fee as specified in the order form completed by the Client. Equityhub shall invoice, and the Client shall pay Equityhub during the term of the Agreement, all Fees. Such Fee shall be payable to Equityhub immediately through its online form. The Client shall pay applicable value added tax and any applicable sales taxes (excluding taxes imposed on Equityhub’s net income) that are imposed as a result of the transactions covered by the Agreement. The Client is solely responsible for obtaining, installing, maintaining and utilizing at its own expense, compatible computer equipment and communications devices required to utilize the Service, and the Client shall pay any and all charges incurred from use of each username and password granted hereunder, as specified in the order form completed by the Client and received by Equityhub In the event of loss or theft of a username or password, the Client shall notify Equityhub immediately in writing. Equityhub reserves the right to discontinue providing the Service in the event that the Client defaults in payment of any invoice, and such discontinuance does not constitute waiver and shall not excuse the Client from any Fee due under the remainder of its subscription agreement.
Use of Service
The Client undertakes not to copy and not to modify the Service in whole or in part, nor commercially to exploit the same, and that it will not disclose any Data received by it through its use of the Service to any third party outside the Client’s organization, other than as expressly permitted herein.
Usernames and passwords are personal to the individual User and the User’s IP, and multiple Users within a single Client Organization will each require an individual username and password. The Client undertakes not to reveal the Client’s username or password to any other person (either body corporate or natural) and acknowledges that any breach of security resulting in the use of its username and/or password by any third party constitutes material breach of the terms of the Agreement. The Client further acknowledges that the Client will be liable, and Equityhub is entitled to proportionate compensation from the Client, therefor: such compensation in all cases to equal the subscription fee that would ceteris paribus apply to the use of the Service by such third party or third parties.
In the event that the Client suspects that its username or password has become known to any third party, it is the responsibility of the Client to, and the Client undertakes that it will, promptly inform Equityhub, and change its password, and take all reasonable steps to preserve the secrecy of its new password. Except as expressly permitted hereunder, the Client may not and hereby agrees that it will not: (i) use the Service in any manner; (ii) alter, reverse engineer, decompose, disassemble or otherwise seek to duplicate the performance characteristics of the Service; (iii) rent, lease, lend, sell, sub-subscribe, trade, assign, give or permit access to, disclose, use on behalf of, furnish or redistribute the Service or any part thereof, to any third party not expressly permitted in the Agreement, including but not limited to, any affiliate or any other department of the Client; (iv) remove or obscure Equityhub’s proprietary right notices.
Use of Data
Except as expressly permitted hereunder, the Client may not duplicate or redistribute any Data into hard copy, machine readable, or any other form without written authorization from Equityhub. The Client will not publish, resell or disclose any Data herein to any third party. The Subscription granted hereunder permits the Client to access and use the Data as follows: (i) to include limited excerpts of Data in reports and presentations that are prepared for the Client’s own internal purposes, such purposes not, otherwise than as permitted by the next following sub-clause (ii), to extend to publication in speech or in writing or by any electronic media or otherwise to any third parties; and (ii) to include limited excerpts of Data in printed or other documents for the purpose of showing to the Client’s bona fide customers and / or investors who shall be made aware of these restrictions upon use of such information and its further distribution, to which the client hereby agrees. In addition the Client may use limited excerpts of data derived in whole or in part from the Service in presentations or documents disclosed to third parties, and / or disclose such data to the press or other media, and in all instances will ensure that Equityhub is cited as the source of the data in a format acceptable to Equityhub. The definition of what constitutes a “limited excerpt” of data will be subject to a reasonableness test as follows: if the volume of data and / or the regularity with which the Client wishes to disclose / distribute it to third parties is such that this could reasonably be considered to be a practical alternative for such third parties to having to subscribe to the Equityhub service themselves, then this would be considered to exceed what would constitute a “limited excerpt”; conversely, if the data that the Client wishes to disclose / distribute to third parties is limited in extent and forms a natural adjunct to the Client’s normal communications with these parties, then this would be considered to be a “limited excerpt”. In cases of ambiguity or doubt, the Client should seek Equityhub’s advice and approval prior to disclosing the data; Equityhub will undertake to respond promptly to such requests, and will not unreasonably withhold approval to distribute data. In all cases, any printout of any Data from the Service by the Client and/or its agents as permitted above in original form and/or format and/or as modified by the Client will include Equityhub’s copyright notice. In the event of a suspected breach or violation of any of the foregoing conditions, or in the event the Client becomes aware of a threat to any Equityhub copyright, the Client shall cooperate with Equityhub to protect Equityhub copyrights by assisting in identifying to whom copies of such Data have been supplied. Equityhub shall maintain as confidential any information disclosed by the Client and will use such information solely for the purpose of investigating potential copyright infringement except to the extent if any that disclosure is required for taking legal advice and/or proceedings.
Use of Data
Data from the Service may be used by the Client in the preparation and delivery of financial product(s) for sale or distribution to third parties only with the prior written agreement of Equityhub, and subject to agreement on the subscription fee(s) to be paid.
The Service may include a facility to enable the Client to download listings in spread sheet or other format of information relating to pension funds, private equity firms, family offices, registered investment advisors, foundations, endowments, and / or others, either including or excluding address, and e-mail information. The data and information derived from such data downloads is for use exclusively by the Client, and may not be disclosed, transmitted or passed to any third party without the prior written approval of Equityhub Ltd, other than as specified in ‘Use of Data’ above. Furthermore, the data and information derived from such data downloads may not be used by the Client for the purposes of mass mailing or e-mailing, taken here to mean the sending of either letters or e-mails of essentially the same content to more than fifty separate recipients in any single occurrence, without the prior written approval of Equityhub
The Equityhub Service is intended for individual use by humans, and the use of automated software or programs (colloquially referred to as ‘web crawlers’ or ‘robots’) to access the Service and download large amounts of data is expressly prohibited. The User acknowledges this as a condition of access, and undertakes not to employ such technology to access the service. Use of such software constitutes grounds for Equityhub to deny access to the Service.
When the Client or User accesses certain links in the Equityhub website it may leave the Equityhub website. Equityhub has not reviewed any of the websites linked to the Equityhub website and does not endorse or accept any responsibility for the content of such websites, nor the products or services or other items described on or offered by such websites, nor the data protection practices of or policies on such websites.
Ownership of Service
The Client acknowledges that (i) the Service, Data, all copyrights, confidential information, any related documentation, and other intellectual proprietary rights embodied therein are and shall remain the property of Equityhub; (ii) the Service and Data are subject to protection under the patent, trademark, copyright, trade secret and other intellectual property laws of the United kingdom and all other jurisdictions; and (iii) the Service and Data were created, compiled, prepared, selected and arranged by Equityhub and its Suppliers through the expenditure of substantial time, effort and resources and that the Service constitute valuable property of Equityhub and its Suppliers.
The Client shall attribute ownership of the Service and Data in the course of its use hereunder in a manner approved by Equityhub, including but not limited to, notice of the Equityhub copyright on all printed Data; such approval not to be unreasonably withheld or delayed. The names, images and logos identifying Equityhub and its products, Service and Data are proprietary marks of Equityhub International SA and/or the Suppliers. Nothing herein shall be construed as conferring expressly or by implication or estoppel or otherwise any licence or right under any trademark or patent of Equityhub or the Suppliers.
The Client agrees that the Service supplied by Equityhub and its Suppliers are confidential and are supplied for Client’s own internal business use only. The parties to the Agreement and any authorized third parties shall maintain as confidential the terms of the Agreement, including but not limited to, the Service described, the fees charged by Equityhub to the Client (the “Fee”) and any usernames or passwords issued to the Client under the Agreement. Equityhub will not disclose to any third party the fact that the Client is a subscriber to the Service, or any details concerning the Service supplied, without the prior written agreement of the Client.
Change in the Service
The charges under the Agreement relate only to the Service described in the order form completed by the Client. Equityhub may change, add, enhance, or discontinue from time to time during the currency of the Agreement, any component of the Service and means of conversion or communication. To the extent Equityhub discontinues any component of the Service, the Client’s access and rights to such discontinued element of the Service shall terminate. If any such actual or proposed change to the Service results in a material diminution in the utility of the Service in the sole opinion of the Client, then the Client may notify Equityhub of this, and will be entitled to either terminate the subscription and to receive a pro rata refund of the Fee, or to maintain access to the Service, but at a reduced Fee to be negotiated. Equityhub may elect to offer and the Client may subscribe and utilize new Services, including but not limited to additional databases and/or additional Data, at an additional Fee to be mutually agreed upon by the parties to the Agreement. These Terms and Conditions shall apply to any additional Service reflected in an amended agreement forming part of the Agreement.
Limitations of Liability
While Equityhub uses reasonable efforts to prepare and provide the Service to the Client, neither Equityhub nor its agent shall be liable for any failure or inability to provide the Service due to any event, condition or circumstances beyond Equityhub’s reasonable control. In providing the Data, Equityhub relies upon sources that it believes to be accurate, but Client agrees that Equityhub cannot and will not verify the accuracy, completeness or timeliness of the Data or any work or product or projections based upon such Data. The Client acknowledges that any information derived from the Service is intended only for research purposes and not investment decisions. Any investment decision made by the Client, or investment advice offered by the Client is provided at the sole risk of the Client. Nothing contained in the Service shall be construed as a solicitation or recommendation to buy, sell, or otherwise invest in any security.
Equityhub and its Suppliers provide to the Client the Service and Data hereunder on an “as is” basis and without warranty of any kind. The Client hereby waives all other warranties either expressed or implied, including but not limited to any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy, non-infringement or otherwise, including time of performance. Neither Equityhub nor the Suppliers warrant that the provision of the Service or Data will be uninterrupted or error free or virus free, nor do they make any warranties (express or implied) as to any results or use of the same. The Client expressly agrees that it uses the Service and Data at its own sole risk. Accordingly, neither Equityhub nor its agent nor the Suppliers will in any way be liable to the Client or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Service or Data, or for any damage or delays to the Client’s hardware, software or data caused by or incidental to the use of the Service.
Neither Equityhub nor its Suppliers shall be liable for any loss or damage resulting directly or indirectly from mistakes, omissions, interruptions, delays, errors, any act, event, or defect, whether human or mechanical, occurring in the course of furnishing the Service or Data including, but not limited to, computer virus, online failure, failure of performance by third parties, fires, explosions, floods, labour disputes or mechanical breakdown. Notwithstanding the foregoing, if Equityhub and/or its agent is deemed liable to the Client for any reason, whether arising in contract, tort, strict liability or otherwise, Equityhub’s total liability including that of its agent hereunder shall be limited to the lesser of Five Hundred Pounds sterling (£500, or the equivalent in US dollars), and an amount equal to the annual subscription payable by the Client for the use of the Service. Neither Equityhub nor the Suppliers shall be liable for any special, consequential, exemplary or punitive damages, including, but not limited to, lost profits, whether or not it or they are aware of the possibility thereof. The Client further agrees that no action, regardless of form, arising from or pertaining to the Service or Data may be brought by the Client more than one (1) year after the event giving rise to such action has occurred.
The User recognizes that in order to provide the Service, Equityhub needs to maintain basic contact and other details concerning the User, and hereby consents to this. Equityhub shall register under (if applicable) and comply with the Data Protection Act 1998 (as amended from time to time.) The Client does not accept liability for Equityhub’s failure to comply.
Equityhub will occasionally arrange for Spotlight subscribers to be sent e-mails from third parties offering services that we believe will be of benefit to our readers. If you would rather not receive such emails please contact us.
Equityhub shall, and shall procure that any Supplier or any other person who performs or has performed services pursuant to the Agreement for or on behalf of Equityhub, shall (i) comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; and (ii) not offer, or give, or agree to give, any person any gift or consideration of any kind as an inducement or reward for doing, or forbearing to do, or having done, or forbearing to have done, any act in relation to the obtaining or performance of the Agreement or for showing, or forbearing to show, favour or disfavour to any person in relation to the Agreement.
In the event of any breach of this condition or the commission of any offence by Equityhub under the Bribery Act 2010 in relation to the Agreement, the Client may terminate this Agreement immediately by notice in writing to Equityhub. The decision of the Client shall be final and conclusive in any dispute, difference or question arising in respect of the interpretation of this condition or the right of the Client under this condition to terminate the Agreement.
Term and Termination – Subscription Service
The Service will be provided for a period of twelve calendar months or twenty-four calendar months, unless agreed otherwise in writing by the Client and Equityhub. Upon completion of the initial and subsequent twelve-month subscription periods, the subscription will be renewed for a further period of twelve months at the then current subscription price, unless terminated prior to renewal by the Client (“auto renewal”). Equityhub undertakes to give the Client notification of each impending renewal at least 30 days prior to each renewal. The purpose of this auto renewal is to ensure that the Client’s access to the Service is not interrupted. If the Client does not wish to benefit from auto renewal, then the Client can give written notice of this decision to opt out of auto renewal at any time prior to the renewal date. In the event the Client is merged with or acquired by a third party, or acquires a third party during the term hereof, Equityhub reserves the right to re-negotiate the Agreement. If the Client and Equityhub cannot reach written agreement upon new terms within thirty (30) days following official notice of such event, the Agreement shall remain in full force and effect; provided that only the Client licensing the Service prior to the merger or acquisition shall be entitled to use the Service for the remainder of the duration of the Agreement. Either party to the Agreement may terminate the Agreement and all rights hereunder upon thirty (30) days prior written notice in the event the other party breaches or violates any term or provision of the Agreement, including but not limited to, the Client’s failure to pay any undisputed invoice, and fails to remedy such breach within such thirty (30) day period. All remedies hereunder are cumulative and Equityhub reserves all rights at law and in equity. In the event that Equityhub prevails in any such action, Equityhub shall be entitled to recover from the Client reasonable legal fees incurred in connection therewith. Upon termination of the Agreement for any reason, Client shall within a reasonable period of time, but no later than thirty (30) days after termination, (i) pay Equityhub any outstanding Fee (ii) cease using the Service in whole or in part; and (iii) certify to Equityhub in writing that the Client has complied with the immediately preceding sub-clauses (i) and (ii). The Client agrees that it will not in such circumstances retain the Service or any component thereof. The Client accepts that termination of the Agreement shall not for any reason, unless otherwise specified herein, entitle the Client to any refund (in whole or in part) of any applicable Fees. The Client is and shall remain responsible for all aforementioned charges, at rates current at the date of the Agreement until all the Client’s usernames and passwords are deactivated.
In the event the Client’s breach or threatened breach of any of the provisions herein constitutes irreparable harm, the Client acknowledges that, money damages in law being insufficient and inappropriate remedy, Equityhub shall be entitled to seek injunctive or other appropriate equitable relief.
The Client may not assign or otherwise transfer (including but not limited to, by operation of law) the Agreement, nor any rights, duties or obligations under the Agreement to any other party, in whole or in part, including (but not limited to) other departments of the Client or the Client’s affiliates, without the prior written consent of Equityhub.
The Agreement and any modification thereto shall be governed and construed under the laws of the United Kingdom without giving effect to any conflict of law provisions. The Client agrees to the exclusive jurisdiction of the English courts.
Any notice or communication given under the Agreement shall be in writing and shall be delivered by hand, registered post, e-mail.
These Terms and Conditions and any order form completed by the Client and received and accepted by Equityhub, and any side letter duly signed by both the Client and by Equityhub (together “the Agreement”) represent the entire agreement between Equityhub and the Client with respect to the Service. The Agreement may not be modified or amended except by an instrument in writing executed by both parties hereto, with the sole exception that Equityhub may amend the Terms and Conditions from time to time by posting such amendments on its website. To the extent that any such amended Terms and Conditions posted on the website by Equityhub are at variance with a duly signed side letter, then the terms of such side letter shall prevail.
Each term and condition of these Terms and conditions is severable from others and if any shall be held by the English Courts as being invalid or unenforceable, the validity, legality and enforceability of the remaining terms and conditions of these Terms and Conditions shall remain in full force and effect. All terms and conditions of these Terms and Conditions that by their nature would survive termination or expiration of the Agreement, including but not limited to, those related to confidentiality, ownership, intellectual property, warranty statements or indemnities, shall survive the termination or expiration of the Agreement.