Terms and conditions:
This legal notice applies to the entire contents of the website under the domain name www.crossbay.com (the “Website”) and to any correspondence by e-mail between MARK CAPITAL MANAGEMENT (the “Company”) and you, the user. Using the Website indicates that these terms are accepted regardless of whether or not the user chooses to register with us. If you do not accept these terms, do not use the Website. This notice is issued by the Company which operates this website on behalf of Crossbay SCSp RAIF and its affiliated entities.
By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
Permitted users:
This Website is not directed at any person in any jurisdiction where the publication or availability of this Website is prohibited. Where access is permitted, the regulations and laws of the country from which this Website is accessed may include specific restrictions on the diffusion of information contained in the Website. It is the user’s responsibility to ensure that the use complies with any restrictions or any applicable laws regarding use of information on this Website.
Licence:
1.1. The user is permitted to print and download extracts from the Website for the purpose of obtaining information about the Company and its business. No other use of the Website shall be permitted without the Company’s express written consent.
1.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
1.3. Any rights not expressly granted in these terms are reserved.
Who we are:
This Website is operated by MARK CAPITAL MANAGEMENT of 30 Broadwick Street, London W1F 8JB on behalf of Crossbay SCSp RAIF and its affiliated entities. If you wish to contact us with any comments or queries, please send an e-mail to info@www.crossbay.com.
Access:
The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
Visitor material and conduct:
The Company shall use any personally identifiable information obtained from or supplied by you from your use of the Website in accordance with the Privacy Policy. You may not misuse the Website (including, without limitation, by hacking) or post or transmit to or from it anything which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Links from other websites:
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions: (1) you do not remove, distort or otherwise alter the size or appearance of the Company’s name and logo and do not otherwise use any of the Company’s trade marks displayed on the Website without express written permission from the Company; (2) you do not create a frame or any other browser or border environment around the Website; (3) you do not in any way imply that the Company is endorsing any products or services other than its own or misrepresent your relationship with the Company nor present any other false information about the Company; and (4) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company reserves the right to withdraw linking permission at any time and for any reason. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group entities for breach of clause.
Accuracy of Content:
1.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy or completeness of the material on the Website or that the material will be up to date. The Company may make changes to the material on the Website at any time without notice.
1.2. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms.
No advice, No offer:
Where the Website contains financial information or any information concerning the performance of the Company, the Company is not providing or agreeing to provide any advice relating to any investment decision that may be taken by you, the user. None of the information or data contained in the Website shall constitute either (1) a solicitation, offer, opinion, or recommendation by the Company to buy, sell or hold any security or other investment or (2) the provision of legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment.
Investment performance information:
Information concerning the past performance of any investment is not necessarily indicative of the future performance of such investment.
Viruses:
The Company does not guarantee that material on this Website will be free from infection, worms or viruses or any other code which may have destructive or contaminating properties.
External Sites: You are entirely responsible for ensuring necessary protective steps are taken such as virus checking. This Website may include links to external websites (“the Linked Sites”). Such Linked Sites are for your convenience only. The Company is not responsible for the content of the Linked Sites which are accessed at your own risk.
Liability:
1.1. The Company and any of the Company’s group entities and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
1.2. Nothing in this legal notice shall exclude or limit the Company’s liability for death or personal injury caused by negligence, or for fraudulent misrepresentation or for any liability which cannot be excluded or limited under applicable law.
Governing law and jurisdiction:
This legal notice shall be governed by and construed in accordance with the laws of England. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of England.
Privacy policy and cookies:
This policy (together with our terms of use 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. For GDPR purposes, the data controller is MARK CAPITAL MANAGEMENT of 30 Broadwick Street, London W1F 8JB.
The Company does not collect and store your personal data other than to record information about your computer, including where available your IP address, session information, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Privacy policy – job application:
The Company is committed to ensuring the privacy of any identifiable information which may be provided for an application for a position with the Company. Your Personal Information will be used for recruitment purposes and protected in accordance with the Company’s confidentiality policy and applicable law.
Disclosure of your information:
The Company may only disclose your personal information to third parties: (1) In the event that the Company sells or buys any business or assets, in which case the Company may disclose your personal data to the prospective seller or buyer of such business or assets; (2) If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it will be one of the transferred assets; (3) If the Company is 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 of use and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Changes to our privacy policy:
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified by e-mail.