The following terms and conditions set out the basis of our relationship with you as a potential investor. We reserve the right to cease communicating with you at any time at our absolute discretion and we reserve the right to vary these terms and conditions.
By completing and agreeing to the Terms & Conditions in this form, you confirm that Ruffena Capital may communicate investment opportunities to you as appropriate and you are fully aware of the risks in investing in private unquoted companies and the need to take appropriate independent professional advice in making such investment decisions.
Communicating with you
We will need to keep you apprised of the investment opportunities we believe will be of interest to you. Ruffena Capital will communicate with you by e-mail, telephone, fax, in writing and in person and you should expect to receive unsolicited calls in relation to Ruffena Capital from time to time. All communications with and from Ruffena Capital will be in English.
Your information (including information we already hold and may receive now and in the future) may be held by us or transferred in accordance with our registration under the Data Protection Act. A copy of our registration is available from the Office of the Data Commissioner or from our head office at the address below. If you do not wish your information to be used for these purposes, you should write to us at the address below. With limited exceptions, you have the right to access and, if necessary, rectify the information that we hold about you.
Our responsibilities to you
We will act with reasonable skill and care in our dealings with you. Subject to the duties of confidentiality we owe to our clients, we will use our reasonable endeavours to bring to your attention any matter of which we become aware that we believe might materially affect any investment decision. Unless we have been negligent, we and our Associates cannot and do not accept responsibility or liability for any loss of whatever nature, in connection with any investment proposal introduced to you by us. Conflicts of interest are dealt with by the implementation of appropriate Chinese Walls, oversight by senior management, and the observation of a comprehensive conflict of interest procedure, details of which are available on request. If you wish to register a complaint regarding Ruffena Capital, please write to the Complaints Officer at the address below. A full copy of Ruffena Capital’s complaint handling procedure is available on request to anyone who has dealings with the firm. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
Your responsibilities to us
You warrant that the information you have given to us is complete and accurate in all material respects and further you undertake to keep us informed of any material changes to your contact details and/or financial position and/or investment requirements. We make our living from consultancy and contingent success fees agreed with our clients, the fund seekers. You will refrain from attempting to circumvent the fees we have agreed with our clients for our work.
By completing this form prior to receiving any information in respect of investment opportunities available at Ruffena Capital, you hereby agree that all and any information provided will be treated entirely confidentially and will be used solely for the purpose of deciding whether to proceed with discussions or negotiations for investment or other matters. Such information may include but not necessarily be limited to any accounts, vouchers, documents, papers, information, know-how, property rights or other detail supplied to you in the course of negotiations, including a client’s financial or business arrangements and the provision of services (other than any such matters as are in the public domain) and you agree that such items shall be treated by you as secret and confidential and kept so for a minimum of twenty four months from today’s date or such time as you may agree in confidentiality undertakings directly with the client.
Proof of identity
If appropriate for compliance purposes, we may ask you for validated copies of documents used to confirm your identity. In addition the anti money-laundering processes involved in any financial transaction we might introduce will require similar evidence. The documents required usually include official photographic ID (passport, driving licence, national ID card or Services ID card) as well as confirmation of address such as a utility bill.