Allgemeine Geschäftsbedingungen
The information contained on this website (the "Site") has been prepared by Triton Investment Management Limited and Triton Investments Management Sarl with input provided, as appropriate, by their affiliated entities and the general partners and/or managers of various Triton funds (together, “Triton”, "we" or "us").
Please read the terms below carefully before using this Site. By using or visiting this Site you accept and agree to the terms of this Legal Notice. If you do not accept these terms, you must immediately terminate use of this Site.
These terms of use refer to the following additional terms, which also apply to your use of this Site:
Updates
Triton reserves the right to revise this Legal Notice at any time by updating this posting. These terms were most recently updated in [May] 2023.
Triton further reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the Site including any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) and your access to it.
You should check this Site from time to time to review the current Legal Notice because it is binding on you.
Acceptable Use
The information and opinions contained on the Site are provided by Triton for personal use and informational purposes only. You must not use the Site for any unlawful or fraudulent purposes. You must not misuse the Site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not interfere with, damage, disrupt or attempt to gain unauthorised access to the Site, in whole or in part, any equipment, server, database or network on which the Site is stored or any software used in connection with the provision of the Site. You must not attack the Site in any way, including 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 may report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them (where necessary). In the event of such a breach, your right to use our Site will cease immediately.
While Triton takes reasonable care to minimise the risk of viruses and technologically harmful material existing on our Site, use of this Site is made at your own risk. Accordingly, Triton will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on the Site, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, this Site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this section should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Without prejudice to its other rights or remedies, Triton reserves the right disclose such information to law enforcement agencies as Triton reasonably believes is necessary.
Accuracy of Information
Certain materials and information on the Site contain the opinions and beliefs of Triton and are based on a variety of assumptions and estimates that are subject to various risks. These views are made in good faith in relation to the facts known at the time of preparation and are subject to change without notice. Although the Site is believed by Triton to be accurate and correct and drawn from reliable sources, Triton does not make any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein. The Site may contain typographical errors or other inaccuracies, or information that is out of date. None of Triton or its affiliates, members, partners, stockholders, managers, directors, officers, employees, agents or representatives is under any obligation to update such material. You, therefore, should verify any information obtained from the Site before you use it.
Users of the Site agree that Triton and its affiliates, members, partners, stockholders, managers, directors, officers, employees, agents or representatives shall have no liability for any typographical error, misstatement or omission of fact or any opinion expressed herein. Any reference to any product or service which has been or is contemplated to be provided by Triton or any other third-party company does not amount to a promise that such product or service will be available at any time. Triton reserves the right to make changes to or improvements in such products or services at any time without notice. The inclusion of any third-party logos herein is not intended to imply affiliation with or endorsement by such firms and/or businesses.
Purpose of the Site; Not Investment Advice; No Recommendations
The information presented on or through the Site is made available solely for informational purposes in relation to Triton and its financing capabilities for prospective portfolio companies. Triton does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Triton disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe the Content, any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. Nothing in this Site shall constitute a 'financial services advertisement' for the purposes of the Financial Services (Jersey) Law 1998.
You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.
Local restrictions
Products and services referred to on this website are subject to legal and regulatory restrictions, including restrictions limiting participation to professional and/or other categories of non-retail investor. Products and services may not be available in all jurisdictions. Triton does not represent that any materials on this site are appropriate for use, or permitted by local laws, in all jurisdictions or by all investors. In particular, this Site 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 Site is prohibited. Persons in respect of whom such prohibitions apply must not access the relevant pages on this Site. Those who access this Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.
Forward-Looking Statements
Certain information contained on the Site constitutes “forward-looking statements” that can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance of any Triton investment may differ materially from those reflected or contemplated in such forward-looking statements. No person or entity should rely on these forward-looking statements when making any investment decision. There is no obligation for Triton to update or alter any forward-looking statements, whether as a result of new information, future events or otherwise. All forward-looking statements contained herein are qualified in their entirety by the foregoing cautionary statements.
ESG
There can be no guarantee that Triton will successfully implement and make investments in companies that create positive ESG impact while enhancing long-term shareholder value and achieving financial returns. To the extent Triton engages with companies on ESG-related practices and potential enhancements thereto, such engagements may not achieve the defined financial and social results, or the market or society may not view any such changes as desirable. Considering ESG qualities when evaluating an investment may result in the selection or exclusion of certain investments based on Triton’s view of certain ESG-related and other factors and carries the risk that Triton-managed pooled investment vehicles may underperform funds that do not take ESG-related factors into account because the market may ultimately have a different view of a particular company’s performance than anticipated by Triton.
Liability
Triton and its employees and affiliates shall not be liable for any direct or indirect loss of revenue, profit, business, data, goodwill or anticipated savings, or for any indirect, special or consequential loss or damages, suffered as a result of reliance on any information or omission on, or the use of, this Site, or for the risks inherent in financial markets.
To the maximum extent not prohibited by applicable law and regulatory requirements, Triton specifically disclaims liability for any errors, inaccuracies and omissions on the Site and for any loss or damage resulting from its use, whether caused by negligence or otherwise. You agree to assume responsibility for determining whether any legal or regulatory considerations limit access to or use of information, services or products described on the Site and for the use of any information on the Site. Without prejudice to its other rights or remedies, Triton reserves the right to take legal proceedings against you for reimbursement of all costs and losses (on an indemnity basis to the maximum extent not prohibited by law) resulting from your breach of this Legal Notice, and to disclose such information to law enforcement agencies as Triton reasonably believes is necessary.
Nothing in this Legal Notice shall exclude or limit Triton's liability for a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or b) fraud or fraudulent misrepresentation; or c) any liability which cannot be excluded or limited under applicable law.
Linked Websites
The Site may contain or be linked to websites, advice or statements of third parties and such links are for convenience and informational purposes only. Triton is not responsible for the content of any linked websites and, therefore, makes no representation as to the accuracy or timeliness of such information, and has not reviewed and will not review such information. Any use of such information is made at your own risk. The inclusion of a link to a third-party website does not constitute an endorsement of that third-party's website or an endorsement of any products or services that may be advertised on that third-party's website. Triton does not guarantee that any linked websites on this Site will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. You should be aware that the Internet, being an open network, is not secure. Triton does not take responsibility for the contents of such other websites and any use of such websites is made at your own risk.
Intellectual Property Rights
The contents of this Site are protected by international copyright laws and other intellectual property rights. All copyright, trademarks, designs, patents, intellectual and other property rights in the information contained herein or otherwise on this Site, are owned by Triton, its affiliates or their respective third-party licensors, and all such rights are reserved. Any downloading or other copying from this Site will not transfer title to any software or material to you. No rights of any kind are licensed or assigned or shall otherwise pass to persons accessing this information.
You are permitted to print and download extracts from this Site only for your personal reference in connection with use anticipated by this Site, and only provided that:
- no documents or related graphics on this Site are modified or copied in any way;
- no graphics on this Site are used separately from accompanying text; and
- the status of Triton (and that of any identified contributors) as the author of any material on this Site is always acknowledged.
Otherwise, you are prohibited from reproducing or storing, modifying, copying, republishing, uploading, posting, transmitting or distributing the Site, in whole or in part, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
Any commercial use or exploitation of this Site or its content is strictly prohibited.
If you breach any of the terms in this Legal Notice, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site.
Personal Information
We will only use your personal information as set out in our Privacy notice.
Communications
As part of our compliance with applicable laws and regulations, we reserve the right to record, monitor and store all electronic communication, including certain telephone and video conversations, with Triton Debt Opportunities personnel. Please note that telephone or video recordings may be made without the use of a spoken warning, tone or similar notification.
Interacting with the Site
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of our Site you must comply with the content standards set out in this Legal and Regulatory Notice and the Acceptable Use section above.
You warrant that any such contribution does comply with those standards, and that you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in this Legal and Regulatory Notice.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
When you upload or post content to this Site, you grant us the following rights: to use that content on a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Site.
Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TRITON, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. TRITON FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TRITON DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, TRITON IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THIS LEGAL NOTICE.
UNDER NO CIRCUMSTANCES WILL TRITON BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THIS LEGAL NOTICE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Triton, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of this Legal Notice or otherwise resulting from your use of the Site. Triton reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Triton for all liabilities, losses or damages. You agree to provide Triton with whatever cooperation it reasonably requests.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS LEGAL NOTICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.
Governing Law and Jurisdiction
This Legal Notice and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Jersey without giving effect to any conflict of law’s provisions of any jurisdiction. The courts of Jersey shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Legal Notice.
Triton Investment Management Limited and certain of its affiliates including the general partners of various Triton funds are regulated by the Jersey Financial Services Commission in the conduct of fund services business and/or trust company business under the Financial Services (Jersey) Law 1998. Certain Triton funds are regulated by the Jersey Financial Services Commission as 'collective investment funds' under the Collective Investment Funds (Jersey) Law 1988.
The Jersey Financial Services Commission is protected by the Collective Investment Funds (Jersey) Law 1988 and the Financial Services (Jersey) Law 1998 against liability arising from the discharge of its functions under those Laws. For more information about the Commission and regulation in Jersey please see http://www.jerseyfsc.org.
Triton Investments Management SARL is an authorised alternative investment fund manager, duly approved and supervised by the Luxembourg Supervisory Authority for the Financial Sector (Commission de Surveillance du Secteur Financier, the CSSF). For more information about the CSSF and the Luxembourg law of 12 July 2013 on alternative investment fund managers please see http://www.cssf.lu.
Various Triton funds may qualify as foreign undertakings for collective investment authorised to market their units/shares in certain member states of the European Union. Please refer directly to the relevant website of the local supervisory authority for more information.
Report Content
If you wish to report or complain about any content, please email at complaints@triton-partners.com.
Legal Notice 2
Triton Investments Advisers LLP is regulated by the UK Financial Conduct Authority (reference number 596570). The registered address is 32 Duke Street, St James's, London, SW1Y 6DF.
Legal Notice 3
The number of institutional investors refers to the number of investment organizations with which Triton has a relationship and not the actual number of investment vehicles that invest in the Triton funds. An investment organization may invest in Triton funds through more than one investment vehicle.
Legal Notice 4
Triton Global Complaints Policy - Feb 2023