Investor Terms & Conditions

Privacy Policy & Terms of Use

Lyndon Capital is a trading name of Lyndon Capital Limited and its affiliated companies.

Lyndon Capital has not registered and does not intend to register any securities in the United States and does not intend to conduct a public offering of securities in the United States. By making use of this website you explicitly confirm that you are one of the following: A certified high net worth individual, a sophisticated investor or investment professional as defined by the Financial Services and Markets Act 2000.
This document is being distributed to and is only directed at (i) investment professionals falling within Article 19 (5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Order”) or (ii) high net worth companies, and other persons to whom it may lawfully be communicated, falling within Article 49 (2)(a) to (d) of the Order (all such persons together being referred to as “relevant persons”). Any investments discussed in this website’s communications are only available to relevant persons. Any person who is not a relevant person should not act or rely on the contents of this website.

Any equity or loan financing agreement that is ultimately consummated as a result of any contacts made via this website or emails received from it are considered “exempt distributions” as defined by the various securities commissions in the UK. This means that there is no government agency regulated “Prospectus Offering” process in effect for any of the opportunities listed here since they are not considered to be public distributions.

As a result, any investor who uses this site as a tool for locating private equity placement and/or loan contract opportunities must consider themselves as sophisticated enough to not require the protection afforded by the formal regulatory system and consider themselves defined as such by the guidelines in effect in their place of residence.

Lyndon Capital is not regulated by the FSA, we don’t give financial advice and we don’t sell or propose financial investments. Lyndon Capital provides a service where relevant potential partners of all sorts can meet.

The information is directed only at persons who have valid certification that they are ‘High Net Worth Individuals’, or ‘Sophisticated Investors’ as defined by the Financial Services & Markets Act 2000, or are non-UK residents (in which case they must act in conformity with any relevant laws in their country of residence).

Investment in businesses in Frontier Markets carries high risks as well as the possibility of high rewards. Its highly speculative & potential investors should be aware that no established market exists for the trading of shares in private companies. Before investing in a project about which information is given, potential investors are strongly advised to take advice from a person authorised under the Financial Services and Markets Act 2000 (FSMA) who specialises in advising on investments. Lyndon Capital cannot advise on the merits or risks of investment and is not authorised to arrange transactions or circulate offer documents under the Financial Services & Markets Act 2000.

The Information has not been approved by an authorised person within the meaning of the Financial Services and Markets Act 2000. Reliance on such promotion for the purpose of engaging in any investment activity may expose an individual to a significant risk of losing all of the property or other assets invested.

The requirements that must be met for an individual to qualify as a high net worth individual or a sophisticated investor are below.
Please read both statements and check which one applies to you: I declare that I am a certified high net worth individual for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001.

I understand that this means:

I can receive financial promotions that may not have been approved by a person authorised by the Financial Services Authority;
The content of such financial promotions may not conform to rules issued by the Financial Services Authority;
By signing this statement I may lose significant rights;
I may have no right to complain to either of the following (i) the Financial Services Authority; or (ii) the Financial Ombudsman Scheme;
I may have no right to seek compensation from the Financial Services Compensation Scheme.

I am a certified high net worth individual because at least one of the following applies –
I had, during the financial year immediately preceding the date below, an annual income to the value of £100,000 or more;
I accept that I can lose my property and other assets from making investment decisions based on financial promotions.
I am aware that it is open to me to seek advice from someone who specialises in advising on investments.
OR
2. Statement for Self-Certified Sophisticated Investor.
I declare that I am a self-certified sophisticated investor for the purposes of the Financial Services and Markets Act (Financial Promotion) Order 2001.
I understand that this means:
I can receive financial promotions that may not have been approved by a person authorised by the Financial Services Authority;
The content of such financial promotions may not conform to rules issued by the Financial Services Authority; by signing this statement I may lose significant rights;
I may have no right to complain to either of the following (i) the Financial Services Authority; or (ii) the Financial Ombudsman Scheme;
I may have no right to seek compensation from the Financial Services Compensation Scheme.
I am a self-certified sophisticated investor because at least one of the following applies –
I am a member of a network or syndicate of business angels and have been so for at least the last six months prior to the date below;
• I have made more than one investment in an unlisted company in the two years prior to the date below;
• I am working, or have worked in the two years prior to the date below, in a professional capacity in the private equity sector, or in the provision of finance for small and medium enterprises;
• I am currently, or have been in the two years prior to the date below, a director of a company with an annual turnover of at least £1 million.
I accept that I can lose my property and other assets from making investment decisions based on financial promotions.
I am aware that it is open to me to seek advice from someone who specialises in advising on investments.
I understand that Lyndon Capital can in no way be held responsible for what takes place once contact with an entrepreneur has been established.
I understand that it is my sole responsibility to do due diligence on any of the entrepreneurs I deal with.

I held, throughout the financial year immediately preceding the date below, net assets to the value of £250,000 or more. Net assets for these purposes do not include -
(i) the property which is my primary residence or any loan secured on that residence;
(ii) any rights of mine under a qualifying contract of insurance within the meaning of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001[6]; or
(iii) any benefits (in the form of pensions or otherwise) which are payable on the termination of my service or on my death or retirement and to which I am (or my dependants are), or may be, entitled.

The information contained in this communication or website may not be lawful in certain jurisdictions and potential investors should inform themselves of their local laws and regulatory requirements concerning the products which are described.

The contents of this website and any emails sent from it are intended only for the person to whom it has been delivered by Lyndon Capital , and is not to be reproduced or redistributed to any other person without the prior consent of Lyndon Capital.

The products mentioned in this document may not be eligible for sale in some states or countries and they may not be suitable for all types of investors. This document is for information purposes and does not constitute advice or a recommendation to enter into any transaction or an offer or an agreement, or a solicitation of an offer or an agreement, to enter into any transaction, nor shall it or the fact of its distribution form the basis of, or be relied on in connection with, any contract for the same. Before entering into any transaction, you should consider the suitability of the transaction to your particular circumstances and independently review (with your professional advisers as necessary) the specific financial risks as well as the legal, regulatory, credit, tax and accounting consequences of entering into such transaction.

We do not represent that this information, including any third party information, is accurate or complete and it should not be relied upon as such. Opinions expressed herein reflect the opinion of the Lyndon Capital and are subject to change without notice.

This website may contain certain forward-looking statements with respect to Lyndon Capital ’ strategies or expectations. Forward-looking statements are typically identified by words or phrases such as “trend,” “potential,” “opportunity,” “believe,” “expect,” “anticipate,” “estimate,” “position,” “assume,” “outlook,” “continue,” “remain,” “maintain,”“sustain,” “seek,” “achieve,” and similar expressions, or future or conditional verbs such as “will,” “would,” “should,” “could,” “may” or similar expressions.

Lyndon Capital cautions that forward-looking statements are subject to numerous assumptions, risks and uncertainties, which change over time. Forward-looking statements speak only as of the date they are made, and Lyndon Capital assumes no duty to and does not undertake to update forward-looking statements. Actual results could differ materially from those anticipated in forward-looking statements and future results could differ materially from historical performance.

The value and the income produced by products may fluctuate, so that an investor may get back less than initially invested. Value and income may be adversely affected by exchange rates, interest rates, or other factors. If a product is income producing, part of the capital invested may be used to pay that income. Levels and bases of taxation may change. Investors should consult their own tax advisor regarding their individual tax treatment with respect to the products discussed herein.

In no event will Lyndon Capital or any of their officers, staff, directors, shareholders, affiliates, sponsors or associates be liable for any loss or damage (whether direct or indirect, including loss of profits or any consequential loss) resulting from or in any way connected with your use of this web site whether caused by negligence or otherwise, We do not limit or exclude our liability for death or personal injury resulting from our negligence.

If you are dissatisfied with the web site or any content or materials on it, your sole exclusive remedy is to discontinue your use of the web site.
This web site may provide links to other web sites, the content of which is not in our control. We accept no responsibility for the materials or offers for goods or services featured on such web sites. Links to such sites are not to be taken as an endorsement of such web sites or as a warranty that such web sites will be free of viruses or any other consequences of use.

Should there be any goods and services supplied or made available through this site or through sites which are linked to this site those goods and services are supplied by third parties and not by Lyndon Capital (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold Lyndon Capital liable for any loss or damage of any kind incurred as the result of any such dealings.

These terms and your access to and use of this web site are subject to United Kingdom law and the exclusive jurisdiction of the United Kingdom courts.

All content of this web site including but not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code that operates this web site (together the “content”) is protected by copyright, and/or other proprietary rights owned by or licensed to Lyndon Capital . Should you choose to download print or copy any content from this web site, you must do so only in accordance with these terms and entirely at your own risk. Such activity is permitted only for your personal use or for supply to third parties for no commercial gain and for their personal use only. In all cases schmoozefm.com must be acknowledged as the source of the material. You acknowledge that you have no right to use the content in any other manner. If you want to make additional use of any of our material outside the terms of this disclaimer, you should apply to info@lyndoncapital.com for the appropriate consent and conditions. Unless stated otherwise on this web site all other uses of the content are expressly prohibited.

Except as expressly stated herein, you may not without Lyndon Capital ’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from this website or any communication from it.

You acknowledge that the Lyndon Capital logo and related tag lines are trademarks of Lyndon Capital . You may reproduce such trade marks without alteration on material downloaded from this website to the extent authorised above, but you may not otherwise use, copy, adapt or erase them without Lyndon Capital ’s prior written permission.

The names and logos of other companies appearing on this website may be the trade marks of third parties and are used by Lyndon Capital with the permission of their respective owners.

Even though every effort has been made to ensure the accuracy of the information placed on this web site, and to ensure it operates to the highest operational standards and is virus free, we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to on this web site. We do not warrant that the web site, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of this web site will be uninterrupted.

Limitation of Liability

In no event will Lyndon Capital , Lyndon Capital or any of their officers, staff, directors, shareholders, affiliates, sponsors or associates be liable for any loss or damage (whether direct or indirect, including loss of profits or any consequential loss) resulting from or in any way connected with your use of this web site whether caused by negligence or otherwise, We do not limit or exclude our liability for death or personal injury resulting from our negligence.

If you send any comments, suggestions or materials to us from or concerning this website or our email services, you assign any rights (including intellectual property rights) you may have in them to Lyndon Capital which may adapt, broadcast, copy, disclose, licence, publish, sell, transmit and do anything else consistent with rights of ownership in any form and media on a royalty free basis anywhere in the world. You also waive and agree not to assert any moral rights in such comments, suggestions or materials.

Should there be any goods and services supplied or made available through this site or through sites which are linked to this site those goods and services are supplied by third parties and not by Lyndon Capital (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold Lyndon Capital liable for any loss or damage of any kind incurred as the result of any such dealings.

These terms and your access to and use of this web site are subject to UK law and the exclusive jurisdiction of United Kingdom courts.

PRIVACY POLICY

Lyndon Capital takes the privacy of all its customers and website users very seriously and takes great care with customer and user information. This privacy policy explains what information we will collect about you, how we will use it, and the steps we take to ensure that it is kept secure.
By using this website you consent to us collecting and using personal information about you in accordance with the terms set out in this policy.

What information do we collect?

In order to provide you with our services, we may collect personal information about you from our website, telephone conversations, emails, and written and verbal communications. We may, for example, keep a record of your name, address, delivery address, email address, telephone number, date of birth and credit card details. We may also record details of any disability or health needs you may have at the time of booking an event or service which will take place at our premises to help to ensure your safety.
We may supplement the information that you provide with other information that we receive from Lyndon Capital , its associated group of companies and third parties.

How do we use your information?

Any personal data relating to you will be used and recorded by us in accordance with applicable data protection legislation and this privacy policy.
We will primarily use your personal information to provide our services and products to you. We will also use the personal information that we hold to communicate with you, for example: in the event that the services or products you have requested are unavailable, for record keeping purposes, to recover debt and to help us to prevent fraud, to improve the quality of our service, for market research, or to track activity on our website. We may also create an individual profile for you so that we can inform you of services, products, events or special offers that may be of interest to you.
In the event of the sale of the business or the integration of the business with another party we may disclose your details to advisers or prospective purchasers advisers.

Disclosure of your information

Lyndon Capital will not share your personal information with 3rd parties without your permission.
Lyndon Capital hates spam, and will make every effort to ensure that all communications are relevant to ongoing support of Lyndon Capital

Cookies

To help improve your user experience, we may use standard technology called ‘cookies’ on this site. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Our cookies also enable us to enhance your visitor experience by storing information about the products and services that you select between visits so that we can provide you with focused information each time you visit our website. Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored, however if you do turn cookies off this will limit the service that we are able to provide to you.

Links to other sites

This website contains links to other websites. We are only responsible for the privacy practices on this site. We recommend that you check the privacy and security policies and procedures of each and every other website that you visit.
What to do if you do not want to receive marketing information
You have the right to prevent marketing information being sent direct to you. If you prefer not to receive information from us or from any other organisation to which we may disclose your personal information, you can opt out of further marketing by writing to us by mail or email (see the section “How to contact us” below). Please note, however, that if you do opt out, we and/or they will be unable to keep you informed of new services, products, events or deals that may interest you.

Changes to this Privacy Policy

We reserve the right to change our security and privacy policies at any time. Changes to this policy will be published on this page and we recommend that you check it periodically in order to review our current policies.

Updating and correcting information
You may correct your personal information by emailing us at info@schmoozefm.com or by changing your profile on our website. Please include your name, address, and/or email address when you contact us. We would encourage you to promptly update your personal information if it changes.

Your rights to access your personal information
You have the right to receive a copy of the personal information that we hold about you.
To find out what information we have on you please email info@schmoozefm.com and put attention Data Protection Officer in the subject line.

Confidentiality Agreement with respect to deals for which more information than what is shown on the homepage is provided to the investor:

RECITALS:

(A) Each Party has agreed to disclose to the other Party without charge and has agreed to keep confidential certain Confidential Information (as defined in this Agreement) subject to the terms and conditions hereinafter contained.
NOW IT IS HEREBY AGREED as follows:-
1. The following expressions shall unless the context otherwise admits have the following meanings:-

“Authorised Person”	means, in relation to either Party, a Representative [or sub-contractor] of such Party to whom disclosure of Confidential Information is strictly necessary to fulfil the Purpose.
“Confidential Information”	means the financial, business and technical or other data and all other information (whether written, oral or on magnetic or other media) disclosed or furnished by either Party (the “disclosing party”) to the other Party (the “receiving party”), or any company within the receiving party’s Group or its Representatives, (whether before or after the date of this Agreement) which at the time of disclosure in the case of written information is or was clearly marked as being proprietary or confidential and in the case of oral information is or was identified by the disclosing party as being proprietary or confidential [and confirmed by the disclosing party in writing as being proprietary or confidential within seven days from the date of disclosure] or [in either case] is or was to be regarded by the receiving party as proprietary or confidential.
“Group”	shall mean the group composed of any Party, its ultimate Holding Company, and all Subsidiary Companies of the Party’s ultimate Holding Company within the meaning of Sections 1159 and 1162 of the Companies Act 2006 as amended from time to time.
“Representative”	shall mean any director, officer, employee, agent or adviser of either Party or any company in such Party’s Group.

2. This Agreement shall remain in force until terminated by either Party giving to the other one month’s notice of termination.
3. In consideration of the disclosure of Confidential Information by the disclosing party to the receiving party, each Party agrees that, as the receiving party, it:

3.1 shall keep the Confidential Information confidential subject to the terms and conditions of this Agreement;

3.2 shall not use the Confidential Information or any part of it for any purpose other than the Purpose;

3.3 shall not disclose the Confidential Information or any part thereof to any person other than an Authorised Person and shall require that each such Authorised Person shall comply with confidentiality provisions no less onerous than those contained in this Agreement;

3.4 shall not take any copies or make any summaries or transcripts of the whole or any part of the Confidential Information save as is strictly necessary for the Purpose and all such copies, summaries and transcripts shall be deemed to be, and shall be clearly identified as being, Confidential Information;

3.5 shall ensure that all Confidential Information, whether disclosed orally, in writing or on magnetic or other media including software, shall clearly be marked or identified as confidential and/or proprietary to the disclosing party;

3.6 shall notify the disclosing party immediately it becomes aware that any Confidential Information has been disclosed to or is in the possession of any person who is not an Authorised Person; and

3.7 shall keep all Confidential Information in a safe and secure place and shall treat all Confidential Information in a manner which is no less secure than the manner in which it treats its own confidential and/or proprietary information.
4. Notwithstanding any other provisions hereof, the receiving party shall not be liable for release or disclosure of, and the confidentiality obligations hereunder shall not apply to, any Confidential Information that:-

4.1 is required by law or any governmental or other regulatory authority to be disclosed;

4.2 is or becomes part of the public domain through no fault of the receiving party;

4.3 is known to the receiving party prior to the disclosure by the disclosing party without an obligation to keep such Confidential Information confidential;

4.4 is subsequently obtained by the receiving party from a third party without breach of any obligation of confidentiality owed to any third party or the disclosing party;

4.5 is independently developed by the receiving party or a company within the receiving party’s Group without any breach of this Agreement; or

4.6 is approved for public release by the disclosing party.
5. Upon termination of this Agreement, or upon the request of the disclosing party, the receiving party shall
return all the materials, data, documents, papers and all copies thereof containing the Confidential Information or any part thereof (hereinafter called “Materials”) received by it or supplied to it by the disclosing party or a member of the disclosing party’s Group or (if so required by the disclosing party) shall destroy the Materials and shall give written confirmation that it has destroyed the Materials pursuant to this Clause 5; in each case save to the extent that the receiving party is required to retain any such Confidential Information by any applicable law, rule or regulation or by any competent judicial, governmental, supervisory or regulatory body.
6. Notwithstanding the termination for whatever reason of this Agreement the obligations of confidentiality shall, unless otherwise agreed, continue for a period of five years in respect of Confidential Information disclosed pursuant to this Agreement from the date of disclosure of the Confidential Information.
7. All Confidential Information shall be deemed (and all copies thereof or of any part or parts thereof shall become upon the creation thereof) and shall remain the property of the disclosing party.
8. This Agreement shall not operate as an assignment to the receiving party of any patents, copyrights, registered designs, unregistered designs, trade marks, tradenames or other rights of the disclosing party as may subsist in or be contained in or reproduced in the Confidential Information and the receiving party shall not, nor shall any persons on its behalf, apply for any patent, or registration of any trademark or design or any other intellectual property right, in respect of the Confidential Information or any part thereof.
9. The disclosing party makes no representations or warranties as to the accuracy or completeness of the Confidential Information disclosed.
10. Nothing in this Agreement shall impose or be deemed to impose on either Party an obligation to disclose Confidential Information or to enter into any agreement or transaction and in particular shall not oblige either Party to enter into any agreement pursuant to the Purpose.
11. Neither party shall be entitled to circumvent and approach any third party independently of the introducing party without the prior, written consent of the introducing party. Similarly, neither party shall independently pursue any investment or other opportunity introduced by the introducing party without the prior, written consent of the introducing party.
12. Neither party shall attempt to recruit or employ in any manner or form any employees, advisers, consultants and the like employed or engaged by the other party without the prior, written consent of the employing or engaging party.
13. Neither Party shall assign its rights or obligations under this Agreement.
14. The invalidity or unenforceability of any part of this Agreement for any reason whatsoever shall not affect the validity or enforceability of the remainder.
15. Each Party agrees to keep confidential the existence of and the contents of this Agreement and all negotiations relating to this Agreement and/or the Purpose and shall not use or permit to be used the name of the other Party in any advertisement or publicity campaign or other disclosure without the prior written consent of the other Party.
16. The Parties agree that money damages would not be a sufficient remedy if a Party is in breach and the disclosing party will be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by the receiving party. This right shall be in addition to the disclosing party’s other rights in law or in equity.
17. This Agreement constitutes the entire agreement and understanding between the Parties with respect to its subject matter and replaces all previous agreements between, or understandings by, the Parties with respect to such subject matter. This Agreement cannot be varied except by written instrument signed on behalf of both of the Parties.
18. This Agreement including the consequences and termination hereof and any proceedings pursuant hereto shall be construed and governed by the laws of England and the Parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.