Terms and Conditions
Conditions for use of Global Fund Search ApS’s site and service
Below are listed the Global Fund Search ApS’s (“Global Fund Search”) general conditions for use of Global Fund Search’s Web site globalfundsearch.com (“Site”). These conditions apply to any use of the website and please carefully read the terms and conditions.
Global Fund Search reserves the right in its sole discretion, to modify, adapt or add to conditions without prior notice. User’s continued use of this website implies acceptance of the changed conditions.
1. Permitted actions
The user is allowed to
1.1 read the website and check information for use in personal and professional purposes
1.2 print and download pages from the website to a reasonable extent, so far as necessary for your use of the site, as indicated above
provided that the user at no time does any of those mentioned in paragraph 2 acts.
2. Activities not allowed
Under these conditions the user may not
2.1 post searches that are not real (investors) e.g. where there is no real intention of investing in the asset class or replying to a search (asset managers) by representing funds/products that do not exist.
2.2 systematic copying substantial portions of the website (when printing on paper, storing on disk or in any other way)
2.3 remove, modify or in any way hide something on the website or otherwise use the material on the website in other ways than specified by these conditions
2.4 insert or create hyperlinks to the website or other material on this website without Global Fund Search’s prior permission
2.5 use the Site or materials on the website to produce publications or otherwise provide services that compete with the website (online or via other media)
2.6 use the Website or its content for commercial purposes without prior permission from Global Fund Search, or
2.7 use the Website or its content for illegal purposes, and the user must at all times comply with all applicable laws and regulations.
3. No investment advice
The user accepts
3.1 that Global Fund Search does not provide investment advice and that nothing on the website constitutes investment advice, and the user will not process any content on the website as investment advice
3.2 that Global Fund Search does not recommend financial products
3.3 Global Fund Search does not recommend the user to buy, sell or hold any financial product
3.4 Nothing on this website should be construed as an offer or an invitation from Global Fund Search side making offers to buy or sell securities
3.5 information on the Site may not be appropriate for the user and the user therefore should not take any investment decision without consulting with a fully qualified financial adviser.
This site is intended for users that either needs to place investment mandates to external asset managers or users that want to acquire investment mandates from investors.
5. Personal information
6. Copyrights and Trademarks
6.1 Copyright and other intellectual property rights to the material (including text, photographs, other images and sound) on the website is owned by Global Fund Search or are licensed to Global Fund Search by the owner or owners of the rights. The user only has the right to use the website and material on the website in accordance with these conditions.
6.2 The website contains trademarks, including the Global Fund Search name and logo. All trademarks on this website belong to Global Fund Search or are licensed to Global Fund Search by the owner or owners of the marks. User may not copy or otherwise use any of these marks beyond what is stated in these conditions.
7. Payment (Only for asset managers)
7.1 Paying for a search reply (asset managers). You can pay for search replies using any payment method made available to you by Global Fund Search from time to time. The amount of search replies that you purchase will be credited to your User Account at the time of purchase. Once you reply to a search the cost of 1 (one) search reply will be withdrawn from your User Account.
8. Refund policy
8.1 Withdrawal Right and Refund Request:
8.1.1 Search reply payments: Unused credits cannot be refunded. There is no expiry date for the unused credit balance in your User Account.
8.1.2 Charged in Error. If you believe that Global Fund Search has charged you in error, you must contact Global Fund Search within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
8.2 Global Fund Search reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if Global Fund Search reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
8.3 Global Fund Search will refund the balance of your account upon request in the event you terminate your User Account(s).
8.4 Refund payments will be made in the same form as you initially made payment.
8.5 This refund policy does not affect your statutory rights.
9. Ending your relationship with Global Fund Search
9.1 You may terminate your relationship with Global Fund Search at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Global Fund Search Website and cancelling any recurring payments.
9.2 Global Fund Search may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Global Fund Search Website at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Global Fund Search reasonably suspects that you are using the Software, the Products and/or Global Fund Search Website to break the law or infringe third party rights;
(c) if Global Fund Search reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Global Fund Search reasonably suspects that you are using our Products, Software and/or Global Fund Search Website fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days notice if Global Fund Search decides to cease offering that Product;
(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Global Fund Search’s partners;
(g) on thirty (30) days notice if Global Fund Search decides to cease offering the Software to users in your jurisdiction generally.
9.3 Global Fund Search shall effect such termination by preventing your access to your User Account, the Software, Products and/or Global Fund Search Website (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
9.4 Consequences of Termination: Upon termination of your relationship with Global Fund Search: (a) all licenses and rights to use the Software, Products and/or Global Fund Search Website shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Global Fund Search Website; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
10. Disclaimer and Limitation of Liability
10.1 Global Fund Search is under no circumstances liable (whether by reason of breach of contract, negligence or for any other reason) for 1) loss, 2) punitive damages or compensation for actual documented losses, 3) lost revenue, 4) revenue, 5) loss of goodwill, 6) loss of software or data, 7) loss of a business, 8) loss of an option, 9) loss of use of computer equipment, software or data, 10) loss or waste of management or other employees’ time and 10) for indirect damage, consequential or special damage for any reason.
10.2 Subject to Section 10.1 is Global Fund Search’s liability to the user in contract as well as liability and non-contractual liability is limited to DKK 25.000
11.1 All information on this site is intended for use by the general information and should not be used as a basis for an investment decision. The website does not offer investment advice and nothing on the website should be considered as investment advice. The user should always consult with a fully qualified financial advisor before making an investment decision.
11.2 Global Fund Search does (with reason) what is required to ensure that the information on this website is accurate and complete, but cannot guarantee that this is the case. Consequently, use of the website is on the user’s own risk, and Global Fund Search is not responsible for any loss or damage which the user may incur as a result of use of information on the website. The user should safely verify that the information on this website is accurate and complete.
11.3 The site may contain advertisements and links to external sites and co-branded pages to provide user access to information and services that may be useful or interesting. Global Fund Search is not involved in any such sites or endorse the content, information, products or services offered on such sites. Global Fund Search is not responsible for any loss or damage, the user may incur as a result of use of such websites.
11.4 Global Fund Search can not exercise control over the security or content of information passing over the network or via the service, and Global Fund Search hereby disclaims any responsibility for the transmission or receipt of information of any kind that may violate third party rights or be contrary to law.
11.5 Global Fund Search is not responsible for any loss or damage which the user may incur as a result of the approach to website content that contains viruses, or has been distorted with malicious intent.
12. Availability and update of website
12.1 Global Fund Search may at any time suspend the operation of the site for the provision of repair and maintenance or to update or upgrade the contents or functionality. Global Fund Search does not guarantee that access to or use of the Website or other websites or pages that the website has links to can be done without interruption or error.
12.2 Global Fund Search may at any time change the site’s format and content at its discretion. The user should refresh his/her browser each time the site is visited to be sure of getting access to the latest version of the website.
13. Governing Law
13.1 These conditions constitute the entire agreement between the parties and supersedes all prior agreements, arrangements and representations concerning their content. If any provision of the conditions to be unenforceable, it shall not affect the validity of the remaining provisions. Global Fund Search may delay enforcing its rights under conditions without losing them.Global Fund Search may pass on its obligations out of their subcontractors and may assign these Conditions or any of its rights or obligations without giving the user notice.
13.2 Global Fund Search is not liable to you for breach of these conditions, which may arise as a result of circumstances not reasonably be expected to lie within Global Fund Search’s control.
13.3 These Conditions shall be governed by and construed in accordance with Danish law, and the user submits to the Danish courts, non-exclusive jurisdiction.
14. Reverse solicitation
The Global Fund Search platform constitutes a reverse solicitation process as contemplated by the AIFMD directive. Reverse solicitation consists of providing information regarding an AIF and making units or shares of that AIF available for purchase by a potential investor. This follows enquiry by the investor (or an agent of the investor) made without any solicitation by the AIF or its AIFM (or an intermediary acting on their behalf) in relation to the relevant fund.
Reverse solicitation is not considered to be ‘marketing’ under the AIFMD if the following elements are met:
A) the investor or agent has approached the AIFM or the AIF on its own initiative, with the intention of investing in (or initially in receiving information regarding) AIF(s) managed by such AIFM;
B) neither the AIFM, nor the AIF (nor any intermediary acting on their behalf) has solicited the investor to invest in the relevant AIF.
15. Enquiries and complaints
Any queries or complaints regarding the website please contact:
Global Fund Search ApS
Kasper Steen Andersen, Managing Director