USE OF THIS WEBSITE (THE “WEBSITE”) IS SUBJECT TO THESE TERMS AND CONDITIONS (THE “TERMS”). PLEASE READ THE TERMS CAREFULLY. BY USING THIS WEBSITE YOU ARE DEEMED TO ACCEPT THE TERMS AND THE REGULATORY RESTRICTIONS GOVERNING THE USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS PLEASE DO NOT USE THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME.
Motion Equity comprises the various entities which each individually act as advisers in relation to the Motion Funds (as defined below). These entities are Motion Equity Partners LLP of 10 Lower Grosvenor Place, London SW1W 0EN, UK, Motion Equity Partners S.A.S. of 47 avenue George V, 75008 Paris, France and Motion Equity Partners S.r.l. of Via Saffi 25, 20123 Milano, Italy.
The Motion Funds are Motion Fund LP and Motion Fund GmbH & Co. KG (together, Fund I) and Motion II ‘A’ LP and Motion II ‘B’ LP (together, “Fund II”).
The principal authorised adviser is Motion Equity Partners S.A.S. which is authorised and regulated by the Autorité des Marchés Financiers. It is entered into the AMF’s Register with AMF Code number GP 97-102 (obtained on 30 September 1997).
The material available on this website is communicated by Motion Equity. We welcome your views about our Website. If you would like to contact us with any queries or comments please send an email to firstname.lastname@example.org.
The Investment Team (as set out on the Website) does not comprise all the members of the advisory team who were responsible for advising in relation to all Fund I and Fund II investments. Details of the attribution of particular investments are available from Motion Equity Partners SAS on request.
The content of this Website is subject to copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of this Website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this Website without the prior written permission of Motion Equity Partners SAS. Any unauthorised reproduction or use of the Website or the information presented therein, may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.
The Website is for information purposes only. Nothing in this Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction.
Permitted Users of the website
Motion Equity Partners SAS acts only for the Motion Funds and will not be responsible for advising users of this website or any other person or providing them with the protections it provides to its customers.
This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Website is prohibited. Persons in respect of whom such prohibitions apply must not access the relevant pages on this Website. However, the laws and regulations of the country from which you access this site may include restrictions on the diffusion of information contained in the Website; it is your responsibility to ensure that your use complies with any restrictions or any applicable local laws regarding use of the information on this Website.
This Website is directed only at investment professionals falling within Article 19 of the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005, high net worth entities falling within Article 49 of that Order and other persons in relation to transactions which involve the acquisition of day to day control of the affairs of the company which is the subject of the transaction. No one else should access this Website or act or rely on any of the information in it. These provisions do not apply to any other website accessed via links from this Website.
In relation to any personal data that you may provide to us in connection with your use of this Website, Motion Equity is committed to following policies which protect the privacy of such personal data and which comply with current data protection laws and regulations in respect of use of such personal data. We will only obtain personal data from you for the purposes of communicating with you on any issues or questions which you raise under the section « Contact us ». Please do not send us any confidential or proprietary material as we do not undertake any obligations of non-disclosure or non-use of material sent to us.
To safeguard the confidentiality of your personal data and information contained in this Website, Motion Equity implements security measures in line with industry standard practices. Our web servers are housed behind a secure firewall that prevents access to our databases from unauthorised users. All of our servers are housed in a secure environment that is protected by physical security, with limited access to authorised staff only.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop this Website and our services. These statistics will not include information that can be used to identify any individual.
We will not disclose any personal data to third parties, except where you have given your consent or where we have a legal obligation to do so.
By submitting your personal data you consent to the use of that information as set out in the Terms. If we change the Terms we will post the changes on this Website so that you may be aware of the information we collect and how we use it at all times.
Accuracy of Content
We use reasonable efforts to obtain information and opinions from sources which we believe to be reliable and to ensure that the information and opinions in this Website are up-to-date and accurate. Certain of the information and opinions contained on this Website have been obtained from published sources prepared by other parties. Neither Motion Equity nor any other person assumes any responsibility for or makes any representation, guarantee or warranty of any kind, express or implied, regarding any information or opinions contained on this Website or their accuracy, reliability or completeness. The information and opinions contained in this Website are provided by Motion Equity for personal use and information purposes only. You are solely liable for any use you may make of this information. The information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from this Website before you use it.
Policy on the exercise of voting rights
In compliance with Articles 319-21 of the General Regulations of the Financial Authority, Motion Equity Partners has a policy governing the exercise of voting rights that aims to define the conditions in which it exercises the voting rights attached to the securities held by the Funds that it manages. The Management Company reports on the voting policy governing the voting rights attached to the unlisted securities in the Annual Report to investors. This report is provided free of charge to Funds’ shareholders requesting it and may be viewed at the headquarters of the Management Company. The objective of the exercise of voting rights is to defend the rights of investors in the managed Funds. The policy governing the exercise of voting rights may be viewed at the head office of the Management Company.
In compliance with AMF Instruction 2012-07, the processing of claims responds to the principles of transparency with respect to the customer, providing objective information at no charge. Claims can be sent by postal mail to the Company’s head office, 47 avenue George V, 75008 Paris, to Patrick Eisenchteter, Compliance and Internal Control Manager, who will acknowledge receipt within ten working days. All claims will be handled as quickly as possible and no later than two months following the date of receipt. Motion Equity Partners also informs the possibility of sending it to Médiateur de l’AMF, Autorité des marchés financiers,17, place de la Bourse, 75082 Paris Cedex 02.
Conflicts of interest
Motion Equity Partners has included the prevention of conflicts of interest in each step of its decision-making process. Any potential conflict of interest must be reported to Patrick Eisenchteter, Compliance and Internal Control Manager, who will take the necessary steps to (i) analyse and (ii) remedy the situation. Shareholders in the Funds or any third may obtain, upon request, additional information on the conflict of interest policy.
We do not guarantee that material on this Website will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking.
Investment Performance Information
Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall or rise.
You should not rely on any information or opinions contained in this Website in making an investment or other decision but should obtain relevant and specific professional advice. Nothing contained on this Website constitutes or should be construed to constitute investment, legal, tax or other advice.
Exclusion of Liability
To the fullest extent allowed by law, Motion Equity shall not be liable for any direct or indirect losses, damages, costs or expenses incurred or suffered by you arising out of or in connection with the access to, use of or linking to other sites from this Website or reliance on any information contained on this Website. In no circumstance shall Motion Equity have any liability for consequential or special damages. Nothing in the Terms shall limit our liability for death or personal injury resulting from any negligence of Motion Equity or its employees or agents or any liability under the Financial Services Act 1986, the Financial Services and Markets Act 2000 and any rules and regulations for the conduct of business made under those Acts to which we are subject.
You should be aware that the Internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Motion Equity and the Motion Equity logo are trade marks of Motion Equity.
Governing Law and Jurisdiction
The Terms, and all matters connected with them, are governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access this site from outside the UK you are responsible for ensuring compliance with any local laws relating to access.
Shareholder engagement policy
Motion Equity Partners has a Shareholder engagement policy that describes how it integrates its role as a shareholder into its investment strategy.
The monitoring of the strategy, financial performance, risks, capital structure, as well as the governance of the target company are instrumental in the selection of investments and the management of the funds’ portfolio holdings. To this end, the Management Company ensures that one or more members of the Investment Team sit on the oversight bodies of the portfolio companies, in particular to monitor business developments and major decisions.
Motion Equity Partners considers the exercise of voting rights to be a key act of management of the funds’ holdings and intends, except in justified cases, to fully fulfil its role of shareholder in the best interests of Investors. Motion Equity Partners exercises its rights in accordance with its own voting policy, mainly by physically attending general meetings and ensuring that no voting decision might place it in a situation of conflicts of interest. For more information on the votes cast, please contact Motion Equity Partners.
The Shareholder engagement policy is made available to the AMF and to any investors upon submitting a request.