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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE INVESTORS PORTAL.

THE INVESTORS PORTAL IS INTENDED TO REGISTERED USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD.


THUS, BY USING THE INVESTORS PORTAL, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, UNDERSTAND THE ENGLISH LANGUAGE AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS EXHAUSTIVELY AND UNCONDITIONALLY. IN THE EVENT YOU DO NOT ACCEPT WHOLE OR PART OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING THE INVESTORS PORTAL.


VERSION IN FORCE AS OF: 11/02/2021

1. PURPOSE OF THE INVESTORS PORTAL

The purpose of the Investors Portal is notably to provide You, as a Registered User, with an onboarding procedure enabling You to conclude subscription agreements electronically, as well as with a dashboard to follow Your investments and retrieve relevant information/documentation You may need. In this respect, please note that the Investors Portal is not intended to make Ardian act as a broker or dealer with respect to securities whatsoever.

2. ENTRY INTO FORCE AND DURATION

These T&Cs lay down the conditions pursuant to which You are entitled to access and use the Investors Portal. As such, the T&Cs constitute a contractual agreement between You and Ardian.

These T&Cs shall apply from Your first access to the Investors Portal and You shall remain bound by them as long as You qualify as a Registered User. In practice, this means that You shall comply with these provisions even when You are not actually browsing the Investors Portal (e.g. You must keep Your Login and Password personal even when You are not logged into the Investors Portal).

3. DEFINITIONS

“Ardian” means ARDIAN France, à French *société anonyme*, having its registered office at 20 Place Vendôme – 75001 Paris and registered with the Paris registry of trade and companies under the number 403 201 882.

“Intellectual Property Rights” means trademarks, service marks, rights in trade names, business names, logos or get-up, patents, petty patents, utility models, supplementary protection certificates, rights in inventions, registered and unregistered design rights, specifications, schematics, diagrams, copyrights, semi-conductor topography rights, database rights, rights in domain names and URLs, rights to sue for passing off and in unfair competition, rights in opposition proceedings and all other similar rights in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, including any right in priority attached thereto.

“Investors Portal” means the pages specifically dedicated to Registered Users and which can only be accessed thanks to Your Login and Password. The Investors Portal is accessible at the following address: https://trustview.ardian.com/.

“Login” means the login You were personally granted by Ardian or on its behalf in order to access the Investors Portal.

“Password” means the password You use for accessing the Investors Portal, disregarding whether You determined this password Yourself or You were granted such password by Ardian or on its behalf.

“Personal Data” has the meaning ascribed to it in article 9 of the T&Cs.

“Registered User” means a user benefiting from an investor profile as discretionarily determined by Ardian and who is provided with a Login and Password by Ardian to access the Investors Portal.

“T&Cs” means these terms and conditions, including any document incorporated therein by reference, and any subsequent versions thereof.

“You; Your; Yourself” means you as a Registered User of the Investors Portal.

4. NATURE OF THE INFORMATION PROVIDED ON THE INVESTORS PORTAL

To the exception of these T&Cs, any disclaimers that you can be invited to agree with and any subscription agreements concluded electronically through the Investors Portal after completing the onboarding procedure, please note that the information on the Investors Portal shall not be regarded as information of a contractual nature and nothing on the Investors Portal should be construed as an offer, invitation or general solicitation to buy or to sell products, or as a recommendation and/or invitation to tender, or as a public offering of securities.

The information available on the Investors Portal is provided solely for informational purposes. Even though Ardian strives to publish complete, accurate and up-to-date information on the Investors Portal, Ardian does neither represent nor warrant that such information is ultimately complete, accurate, up-to-date and/or fitted to Your particular situation as of the date You access it.

As a result, You shall take any and all steps to check and verify the completeness, accuracy, validity and suitability of any and all information accessible on the Investors Portal.

Besides, please be aware that the information on the Investors Portal does not constitute an investment recommendation or advice of any kind whatsoever and may not be appropriate to Your individual requirements, needs and situation. Please keep in mind that investments in private equity expose investors to risk.

In this respect, You are hereby expressly informed that past performance is no guarantee of future results and that, as the value of the units depends on the value of the securities held in the portfolio, the value of investments can fall as well as rise. This means that investors, including You, may not recover the whole or part of the amount of their initial investment and no guarantee of income is given.

5. YOUR RIGHTS AND OBLIGATIONS

As a Registered User, You are entitled to access the Investors Portal. Please note that access to and use of the Investors Portal is conditional upon Your status as Registered User, which is discretionarily determined by Ardian. In other words, from the moment You no longer qualify as Registered User, You must refrain from accessing (or trying to access) the Investors Portal.

5.1 RIGHT OF USE

Subject to Your strict compliance with the T&Cs and Your qualification as Registered User, Ardian grants You a personal, worldwide, free of charge, non-assignable, non-sublicensable and revocable license to use the Investors Portal. As a result, You shall use the Investors Portal for Your personal purposes only, excluding notably any commercial use without the prior written consent of Ardian.

5.2 PROHIBITED USE

While using the Investors Portal, You shall refrain from any act and/or omission which could: (i) impair the proper functioning of the Investors Portal; (ii) damage Ardian’s interests, rights and/or reputation; (iii) damage third parties’ interests, rights and/or reputation; (iv) be contrary to public order; and (v) be deemed and/or held illicit, illegal or amounting to a contractual breach. You shall refrain from:

  • copying, modifying, communicating, creating derivative work or reproducing whole or part of the Investors Portal’s content without Ardian’s prior written consent;
  • disturbing, hindering and/or preventing the proper functioning of the Investors Portal by actions or omissions of any kind whatsoever (notably by downloading viruses or malicious code whatsoever or by performing hacking activities of any nature);
  • downloading, uploading, using, sharing and/or communicating any content infringing, or likely to infringe, intellectual property rights of Ardian or third parties, whatever their kind;
  • using software and/or automated systems to scan and to extract from the Investors Portal information and content and/or to understand the browsing structure, functioning or display of the Investors Portal;
  • performing vulnerability and/or penetration testing on the Investors Portal;
  • sharing with Ardian (or any persons acting on its behalf) any information of any kind whatsoever that is: (i) inaccurate, false or misleading; (ii) likely to violate third-parties’ rights, including notably third-parties’ Intellectual Property Rights; (iii) denigrating, defamatory and/or insulting (e.g. racist or homophobic language);
  • violating any legal and/or regulatory rules or requirements applicable;
  • fostering or promoting any activity violating these T&Cs;
  • usurping or attempting to usurp someone else’s identity; and
  • accessing or attempting to access the Investors Portal if You do not or no longer qualify as Registered User.

5.3 LOGIN AND PASSWORD

As a Registered User, You shall bear sole responsibility for use of Your Login and Password.

You shall comply with the following obligations:

  • You commit to take all appropriate measures to ensure that Your Login and Password remain confidential, personal and safe, notably by refraining from sharing Your Login and Password with anyone else (including, without limitation, Your colleagues and co-workers); and
  • if You become aware that Your Login and/or Password are lost, stolen and/or accessed by any unauthorized third-party, You shall inform Ardian immediately by sending an email to clientservicing@ardian.com so that Ardian can deactivate the access to the Investors Portal linked to Your Login and Password.

For sake of clarity, please note that any and all use of Your Login and Password for accessing the Investors Portal shall be deemed made by You, and You shall be liable accordingly unless You have expressly informed Ardian in writing that Your Login and/or Password have been lost, stolen and/or accessed by any unauthorized third party.

Unless Ardian has not deactivated in due time Your Login and/or Password upon receipt of Your notification, Ardian shall not be held liable in any manner whatsoever for any incorrect or fraudulent use of Your Login and/or Password as well as for any consequences resulting therefrom (including notably damages, losses, costs, expenses and loss of profit You or any third party may suffer).

5.4 USE OF CONFIDENTIAL AND/OR PROPRIETARY INFORMATION

You shall not use, share or communicate to any person, except as required by applicable law or any legal or regulatory authority, any information contained on the Investors Portal which is designated by Ardian as confidential or proprietary, or which You should reasonably consider to be confidential or proprietary considering all the circumstances surrounding the disclosure thereof. You shall use Your best endeavours to prevent the communication or disclosure of the same.

5.5 INFORMATION ACCURACY

Your use of the Investors Portal requires that You communicate various information and documents to Ardian and/or to service providers acting on its behalf, notably as part of Ardian’s onboarding procedure available on the Investors Portal.

In this respect, You hereby represent and warrant that any and all information and documents You share with Ardian through the Investors Portal, disregarding whether such information or documents concern natural or legal persons, Yourself or anyone else, are: (i) accurate; (ii) complete; and (iii) up-to-date. You also expressly represent that You are lawfully entitled to disclose any and all information and documents You communicate to Ardian through the Investors Portal and are granted all the rights and authorisations necessary to this end.

Should You become aware, or suspect, that any information and/or document You shared with Ardian thanks to the Investors Portal is or may become inaccurate, incomplete and/or obsolete, You shall inform Ardian immediately and assist Ardian in rectifying the impacted information and/or document as reasonably required.

5.6 AUTHORISATION AND NECESSITY TO ACCESS INFORMATION

Anytime You access the Investors Portal, You expressly represent and warrant that You are granted any and all rights and authorisations, of any kind whatsoever, required to access the Investors Portal and to view the information thereon.

In addition, You expressly represent and warrant that You have an actual need to know the information on the Investors Portal as part of Your professional missions.

5.7 SANCTIONS AND COURSE OF ACTION

In the event You do not comply with all or part of these T&Cs, and without prejudice to any other remedy it may have, Ardian shall be entitled to suspend or revoke Your right to access and use the Investors Portal, either temporarily or definitively, as of right, immediately and without any indemnification, compensation or refund whatsoever being owed.

Ardian’s liability shall not be incurred in the event the suspension or revocation of Your rights to access the Investors Portal results from a report by a third-party or a court injunction which eventually turns out to be groundless.

In the event Ardian considers that the cause leading to the suspension or revocation of Your right to access the Investors Portal has been remedied, Ardian may in its sole discretion decide to end such suspension or revocation but shall be under no obligation to do so.

In any event, Ardian reserves the right to take any action it may deem appropriate (including notably investigating and bringing legal action) to remedy Your non-compliance with Your obligations as specified under these T&Cs.

6. INTELLECTUAL PROPERTY

The whole elements constituting the Investors Portal (including, without limitation, software, data, databases, texts, images, videos, logos, brands, trademarks, graphs, photographs, etc.) are protected by Intellectual Property Rights and are the exclusive property of Ardian or of third parties from which Ardian was granted the necessary rights.

As a result, such elements are strictly intended for Your personal use and cannot be reproduced, altered, modified, copied, downloaded or communicated to third parties otherwise than as expressly authorized under these T&Cs, in whole or in part, for commercial or non-commercial purposes, on any medium, without the prior written consent of Ardian.

Any breach of the provisions specified in the above paragraph is deemed counterfeiting and can lead You to incur civil and/or criminal liability pursuant to the provisions of the French Intellectual Property Code.

In any event, You hereby expressly acknowledge and accept that using the Investors Portal cannot: (i) result in any transfer of ownership, for Your benefit, with respect to whole or part of the Investors Portal; and (ii) grant You any license whatsoever exceeding what is strictly necessary for Your sole access to the Investors Portal and us thereof.

7. LIABILITY

Please note that the Investors Portal is provided on an “as is” basis. Except as expressly specified otherwise in these T&Cs, all express or implied warranties or representations are excluded to the fullest extent permissible by applicable law.

In this context, You shall bear sole and exclusive responsibility for using any information available on the Investors Portal before making any decisions or taking any actions based on such information.

You acknowledge and agree that access to and use of the Investors Portal is at Your own risk. To the fullest extent permissible by applicable law, Ardian excludes its liability for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of Your access to and use of the Investors Portal, including notably any information and content accessible thereon.

Despite Ardian’s commercially reasonable efforts, technical errors and malfunctions may occur. These could result, for example, from restricted access to or faulty reproduction of information, caused by either the Investors Portal itself or the actions of third parties. Ardian shall not be liable, on any grounds whatsoever, for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting or arising out of such technical errors and malfunctions.

Notwithstanding the foregoing, nothing in these T&Cs shall limit or exclude Ardian’s liability for (i) wilful misrepresentation or (ii) gross negligence.

You agree to indemnify, defend and hold harmless Ardian from and against all claims, liabilities, demands, damages, losses or expenses, including notably legal fees and costs, resulting from or arising out of Your improper access to or use of the Investors Portal and/or any breach of these T&Cs attributable to You.

8. ACCESSIBILITY OF THE INVESTORS PORTAL

Ardian does not warrant that Your access and use of the Investors Portal will be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever.

9. DATA PROTECTION

For Your perfect information, please note that information enabling to identify You directly or indirectly (hereinafter “Personal Data”) is processed by Ardian in relation to Your use of the Investors Portal, including by means of cookies.

To know more about the processing of Personal Data implemented by Ardian as well as its use of cookies, please refer to Ardian’s privacy policy and cookies policy.

10. LINKS TO OTHER WEBSITES

The Investors Portal may display hypertext links redirecting to pages and websites published, in whole or in part, by third parties which are not related to Ardian.

In this respect, please note that Ardian neither has any control over the content published by such third parties nor monitors such content. As a result, Ardian shall in no event be held liable in respect of any content published by third parties whatsoever.

You are hereby invited to read the terms and conditions governing third-party pages and websites You access after clicking on hypertext links displayed on the Investors Portal.

Links redirecting to the Investors Portal are only allowed subject to the express prior written consent of Ardian.

11. SECURITY

Ardian cannot guarantee the confidentiality of any of Your information passing over the Internet network. By accessing and using the Investors Portal, You expressly acknowledge and accept that electronic communications may not be free from interferences with third parties.

Ardian shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the Internet network.

12. LOCAL RULES AND REGULATIONS

The laws and regulations of the country from which You access the Investors Portal may contain restrictions on the distribution of the information the Investors Portal contains. If this is the case, this information may not be distributed or used by any natural person or legal entity. Such natural persons and legal entities shall be obliged to inform themselves of and to observe any such restrictions.

As Ardian’s product range comprises various funds, please read the specific disclaimers relating to these various funds.

13. COMPLAINTS

Ardian has established and maintains an effective procedure for the reasonable and prompt handling of Your complaints. Any complaint can be sent to the Investors Relations at the following email address clientservicing@ardian.com or by post to the attention of Ardian Investors Relations, 20 Place Vendôme, 75001 Paris.

The management company shall acknowledge receipt of the complaint within a maximum of ten (10) working days from the receipt of Your complaint unless the reply itself is made to You within that period. Unless duly justified circumstances require otherwise, You will be provided with a response within two (2) months of receipt of Your complaint.

14. CONFLICTS OF INTERESTS POLICY

Please find below Ardian’s Conflicts of interests Policy Summary 2020:

15. UPDATE OF THESE T&CS

Ardian reserves the right to amend these T&Cs from time to time. In such a case, Ardian shall inform You by any means Ardian deems appropriate, including for example by an announcement displayed on the Investors Portal (e.g. pop-up appearing on the Investors Portal where You access it for the first time following the amendment of the T&Cs). In any event, You are expressly invited to regularly check these T&Cs to ensure that You are aware of any amendments thereto.

Please note that the amended T&Cs shall be deemed applicable from their date of publication on the Investors Portal and You shall be deemed bound by the amended T&Cs upon each access to the Investors Portal following the publication of the amended T&Cs thereon.

In the event You do not accept whole or part of the amendments made to the T&Cs, You must immediately stop and refrain from further using the Investors Portal.

16. ELECTRONIC COMMUNICATIONS

In accordance with the provisions of Articles 1365 and subsequent of the French Civil Code, You acknowledge and agree that information exchanged between You and Ardian in electronic format (notably by email) shall be deemed valid means of proof, equivalent to information in paper format.

17. ASSIGNMENT

Ardian reserves the right to assign all or part of its rights and obligations under these T&Cs to any third party of its choice, which You hereby acknowledge and accept unconditionally.

18. SEVERABILITY

In the event any part of these T&Cs is found to be unenforceable or invalid by a competent court, such decision shall not invalidate or void the remaining provisions thereof.

In such a case, the T&Cs shall be deemed amended to the extent necessary to render them enforceable and valid while preserving their intent.

19. GOVERNING LAW AND JURISDICTION

These T&Cs shall be governed by French law. Any claim or dispute resulting from or arising out of Your use of the Investors Portal shall be submitted to the exclusive jurisdiction of the competent courts of France.