TERMS OF USE

Last updated: December 2024

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the website elbruscapital.co.uk (the "Website") operated by Elbrus Capital Partners LLP ("we", "us", or "our").

By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Website.

2. About Us

Elbrus Capital Partners LLP is a limited liability partnership registered in England and Wales under company registration number OC33108. Our registered office is at 7 Arcadian Place, London, SW18 5JF, United Kingdom.

We are authorised and regulated by the Financial Conduct Authority (FCA) under firm reference number 476739. You can verify our FCA registration on the FCA Register at register.fca.org.uk.

3. Important Regulatory Information

3.1 Financial Services Disclaimer

The information contained on this Website is for general information purposes only and does not constitute:

• Investment advice or a personal recommendation
• An offer or solicitation to buy or sell any financial instruments
• A recommendation to enter into any transaction
• Legal, tax, or accounting advice

3.2 No Investment Advice

Nothing on this Website should be interpreted as investment advice. The content is provided for informational purposes only and should not be relied upon when making investment decisions. You should seek independent professional advice before making any investment decision.

3.3 Risk Warning

Investments can fall as well as rise in value, and you may get back less than you invest. Past performance is not a reliable indicator of future results. The value of investments and the income from them is not guaranteed and can go down as well as up.

Certain investments, including those involving futures, options, and other derivatives, carry a high degree of risk and are not suitable for all investors. You should carefully consider whether investing is appropriate for you in light of your financial circumstances.

3.4 Geographical Restrictions

The information on this Website is directed at residents of the United Kingdom. We do not represent that the content is appropriate for use in other locations. Those who access this Website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

Our services are not offered to residents of the United States or any other jurisdiction where such services would be contrary to local law or regulation.

3.5 Client Categorisation

Under FCA rules, we are required to categorise clients as either Retail Clients, Professional Clients, or Eligible Counterparties. Different levels of regulatory protection apply to each category. For more information, please contact us directly.

4. Use of the Website

4.1 Permitted Use

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable law or regulation
• Use the Website in any way that could disable, overburden, or impair the Website
• Use any robot, spider, or other automated device to access the Website
• Introduce any viruses, trojans, worms, or other malicious code
• Attempt to gain unauthorised access to any part of the Website
• Use the Website to transmit any unsolicited or unauthorised advertising

4.2 Account Security

If you create an account on this Website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

5. Intellectual Property Rights

5.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all text, graphics, logos, images, software, and the design, selection, and arrangement thereof) are owned by Elbrus Capital Partners LLP, our licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Trademarks

The "Elbrus Capital Partners" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elbrus Capital Partners LLP. You must not use such marks without our prior written permission.

5.3 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use only. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, or create derivative works from the Website
• Reverse engineer or access the Website to build a competitive product or service
• Remove any copyright or other proprietary notices from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

6. Third-Party Links

This Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION

We do not warrant that the Website, its servers, or any emails sent from us are free of viruses or other harmful components.

8. Limitation of Liability

8.1 Exclusion of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from your use of the Website
• Any errors or omissions in any content on the Website
• Unauthorised access to or use of our servers and/or personal information
• Interruption or cessation of transmission to or from the Website
• Any bugs, viruses, or the like transmitted through the Website

8.2 Cap on Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Website during the twelve (12) months preceding the claim.

8.3 Regulatory Limitations

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law
• Any breach of our obligations under the FCA rules

9. Indemnification

You agree to defend, indemnify, and hold harmless Elbrus Capital Partners LLP, its members, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Your use of the Website
• Any content you submit or transmit through the Website

10. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on this Website. Your continued use of the Website after any changes indicates your acceptance of the modified Terms. We encourage you to review these Terms periodically.

11. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will cease immediately.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

13. Complaints

If you have a complaint about our services or this Website, please contact us in writing. We will handle complaints in accordance with our complaints procedure and FCA requirements. If you are not satisfied with our response, you may be able to refer your complaint to the Financial Ombudsman Service.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Elbrus Capital Partners LLP regarding the use of this Website.

17. Contact Us

If you have any questions about these Terms, please contact us: