Terms and Conditions
IMPORTANT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” OR “TERMS OF USE”), WHICH EXPRESSIONS INCLUDE THE DOCUMENTS) REFERRED TO THEREIN) SET OUT THE BASIS UPON WHICH YOU ARE ENTITLED TO ACCESS AND USE THE WEBSITE https://investors.griffingam *(THE “INVESTOR PORTAL”). BY USING THE INVESTOR PORTAL, YOU CONFIRM THAT YOU HAVE ACCEPTED THE TERMS AND CONDITIONS (THE “TERMS OF USE”) AND THAT YOU AGREE TO COMPLY WITH THEM AT ALL TIMES IN RELATION T TO THE USE OF THE PORTAL. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE INVESTOR PORTAL.
1. Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of the Investor Portal:
• Our Privacy Statement, which includes the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Policy, which includes information about the cookies on the Investor Portal.
2. Information About Us
This Investor Portal is a site operated by and on behalf of Griffin Global Asset Management Designated Activity Company and its affiliates and its subsidiaries (all references to “we”, “us”, “our” or “GGAM DAC in these terms refer to and/or its affiliates (“Griffin”). Griffin Global Asset Management DAC is registered in Ireland under company number 665481 and has its registered office at.45 Mespil Road, 4th Floor, Dublin 4, D04W2F1 .
3. License to Use Investor Portal
You are registering with us to access the Investor Portal to access, view and/or download the documents contained on the Investor Portal (the “Documents”) for the purpose of a potential or actual, existing or future investment in us or any of our investment offerings (each an “Investment”).
Griffin grants you a non-exclusive, non-sublicensable, terminable, revocable, non-transferable license (the “License”) to access the Investor Portal solely to access, view, download or otherwise avail of the Documents for the purposes of the Investment and to use services made available to you through the Investor Portal.
In consideration of the grant of the License, you represent and warrant that you will access and use the Investor Portal in accordance with these Terms of Use. You will not attempt to access other matters that you are not authorized to access, nor other Griffin information that you are not authorized to access. The License and your log-on data (“Password” and “User ID”) are granted to you and may not be shared with anyone else. You will promptly notify Griffin if you become aware of another individual learning of or using your User ID or Password.
Griffin reserves the right to revoke any Licence and to refuse access to the Investor Portal and Documents contained herein in its absolute sole discretion at any time, including, without limitation, if Griffin believes that particular conduct violates applicable law, is harmful to Griffin’s interests or is in any other way in breach of these Terms of Use. Upon termination of your access to the Investor Portal for whatever reason, the License will automatically terminate and you agree to: (i) immediately cease all access to and use of the Investor Portal through any means and (ii) promptly destroy all items you have obtained from the Investor Portal, including without limitation, all copies of screens, all Documents, all “cache” files, all Confidential Information, all on-line help information and your User ID and Password.
4. Misuse of Investor Portal
You must not misuse the Investor Portal by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attack the Investor Portal via a denial-of-service attack or a distributed denial-of-service attack. You may not knowingly or recklessly post or transmit any information or software that contains a virus or other component harmful to Griffin’s data systems, and you agree to use up-to-date, industry standard virus detection tools to ensure that you do not transmit any such component. You may not circumvent or attempt to circumvent any security protocol on the Investor Portal, including but not limited to performing any penetration testing, or otherwise gain authorized access to to the Investor Portal, the server on which the Investor Portal is stored or any server, computer or database connected to the Investor Portal.
You shall not and shall not permit any third party to directly or indirectly use the Investor Portal to communicate, by way of electronic communication or otherwise, any message or material that (i) is libelous or otherwise harmful; (ii) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of a third party or is otherwise unlawful; or (iii) would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You agree to accept full liability for misuse of the Investor Portal as herein described, and Griffin shall not be liable for any such misuse.
5. Griffin Capital Property
Griffin has prepared the Documents and is the sole and exclusive owner of any and all rights, title and interest (including without limitation all intellectual property rights) in and to and deriving from, the Documents.
All content included on the Investor Portal, such as text, graphics, logos, button icons, images, audio clips, video clips and software ’is Griffin’s property or the property of Griffin’s licensors and is protected by applicable copyright and/or other intellectual property laws.
You may print and download certain items posted on this Investor Portal without Griffin’s express permission but, in doing so, must maintain all copyright and other notices contained therein. However, you acknowledge that you are only permitted to use any material contained on the Investor Portal as authorized in writing by us Griffin and you further agree not to copy, reproduce, transmit, distribute or create derivative works of such material without Griffin’s prior written authorisation.
6. Compliance with Applicable Laws
Given the global nature of the Internet you agree to comply with all applicable local laws regarding on-line conduct. You also agree to comply with any applicable rules or regulations regarding the export of any technical and/or personal data from any country.
7. Disclaimer
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE INVESTOR PORTAL IS AVAILABLE FOR USE ‘AS IS’ AND ‘AS AVAILABLE’, WITH NO WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) AND THAT, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, GRIFFIN MAKES NO WARRANTY REGARDING, AND SHALL HAVE NO RESPONSIBILITY FOR, THE ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, FITNESS FOR PURPOSE OR PERFORMANCE OF THE INVESTOR PORTAL OR ANY OF THE CONTENTS THEREOF. NEITHER GRIFFIN NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING.
Neither the Investor Portal nor any content contained therein constitutes an offer to sell or the solicitation of an offer to invest, or an offer to you or to any other person to subscribe for or otherwise acquire securities, in any of the funds or other investments mentioned herein, and neither this Investor Portal nor any other offering material or information has been submitted for approval to any regulatory authorities. Investment(s) may be restricted or prohibited by law in certain jurisdictions and this site may not be used for the purpose of, or in connection with, any offer to or solicitation by anyone in any jurisdiction.
8. Limitation of Liability
Griffin will not be liable for any indirect, incidental, special or consequential damages, or loss of profits, loss of data, loss of purchase price or diminution in the value of any transaction or Investment arising as a result of a loss of access or a security breach.
While Griffin will use commercially reasonable efforts to make the Investor Portal available for your access seven (7) days a week, twenty-four (24) hours a day, you acknowledge and agree that Griffin may temporarily suspend access to the Investor Portal for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Investor Portal. Griffin will also use commercially reasonable security precautions on the Investor Portal to promote the secure transmission of the Documents from the Investor Portal to you, however you acknowledge and agree that all representations, warranties, terms and conditions whether express or implied in relation to the Investor Portal or the information contained herein are hereby excluded to the fullest extent permitted by law. Due to the fact that Griffin cannot guarantee that the Investor Portal will be fault free or that the information contained on the Investor Portal will be correct, Griffin does not accept any liability for any loss or damage whatsoever arising out of or in connection with the Investor Portal or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.
9. Links to Other Websites/Third Party Content
The Investor Portal may contain links to websites operated by third parties. Such links are provided for your convenience only. Griffin has no control over these websites and is not responsible for their availability or content. The inclusion on the Investor Portal of links to such other websites does not imply any endorsement of the material on such websites or any association with their operators. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. Linking to the Investor Portal
You may link to the home page of the Investor Portal, provided you do so in a way that is fair and legal and does not damage Griffin’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Griffin’s part where none exists. You must not establish a link to the Investor Portal in any website that is not owned by you. The Investor Portal must not be framed on any other site, nor may you create a link to any part of the Investor Portal other than the home page. The Investor Portal or any portion of the investor Portal may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted in writing by Griffin us. Griffin reserves the right to withdraw linking permission without notice.
If you wish to make any use of content on the Investor Portal other than that set out above, please contact James Moriarty JMoriarty@griffingam.ie
11. Confidentiality
“Confidential Information” means proprietary information owned by or otherwise within the possession of a party, including, but not limited to, patented and unpatented inventions, copyright, know-how, business and trade secrets, marketing plans, financial information, computer programs (including source code), data, listings, flowcharts, manuals, instructions, notes and other documentation, other secret or confidential information related to the business of the party.
All information obtained by you from the Investor Portal, including without limitation n, these Terms of Use, all security protocol used by Griffin in providing the Investor Portal, all software (including the software code, documentation, and design and layout of the pages contained in and on the Investor Portal) downloadable or otherwise used from the Investor Portal, and all features and functionality of the Investor Portal are Confidential Information of Griffin and are to be held in strictest confidence and not to be divulged to any other person. You agree to use the highest degree of care to safeguard Confidential Information contained on the Investor Portal and shall not at any time without the prior written consent of Griffin publish, disclose or otherwise disseminate, duplicate or use, directly or indirectly, Confidential Information of Griffin to or for your own benefit or that of any of your employees or subcontractors or any other third party. Your ability to disclose and/or use the Documents contained on the Investor Portal may be further governed by any confidentiality agreements that you have entered into with Griffin shall supplement this paragraph 11.
12. Variations
These Terms of Use and any documents referred to herein may be amended from time to time by us without any obligation on our part to notify you other than through the Terms and Conditions themselves as they appear on the Portal at any given time. Accordingly, you are advised to review same from time to time.. The Investor Portal will specify the latest date on which the terms of use have been amended.
13. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts.
14. Contact Us
To contact us, please email James Moriarty JMoriarty@griffingam.ie
Last updated: May, 2023