Disclaimer
The following are the terms and conditions (the “Terms”) on which you may use this website (the “Website”). For the purpose of compliance with the UK Financial Services and Markets Act 2000, this material is communicated by Stenham Advisors Plc (“Stenham”) which is authorised and regulated by the UK Financial Conduct Authority. Stenham is registered in England and Wales under number 7642540 and has its registered office at 180 Great Portland Street, London, W1W 5QZ, UK. Access to and use of the Website and the materials found on it, including the investment products referred to on it are subject to these Terms. By clicking the confirmation at the bottom of these Terms, you confirm that you have read, understood and accepted these Terms.
Users
Because this part of the website includes information related to unregulated collective investment schemes (the “asset management funds”), it is directed at such persons, outside the press and media who may freely access the website, who satisfy the criteria for one or more of the following:- (a) an investment professional, being a person having professional experience of participating in unregulated collective investment schemes within the meaning of article 14(5) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) Order 2001, as amended (the “CIS Promotion Order”); (b) a high net worth company, unincorporated association etc, being an entity to which article 22(2) of the CIS Promotion Order applies; (c) an association of high net worth or sophisticated investors within the meaning of article 24 of the CIS Promotion Order; (d) an authorised professional legal/accountancy/actuarial firm based in the UK or which is an EEA firm which has pass-ported into the UK; (e) a trustee of a trust with assets of at least £10 million; (f) Trustee of an occupational pension scheme, small self-administered or stakeholder pension scheme which has at least 50 members and assets under management of at least £10 million; or (g) any other person to whom the content of this section of the website may otherwise be lawfully communicated, including, where the communicator is an authorised person, those persons listed in rule 4.12 of the Conduct of Business Sourcebook of the FCA Handbook (“COBS”); (collectively, “Exempt Recipients”). This information contained in this section of the website regarding the Stenham Funds is exempt from the scheme promotion restriction in section 238 of FSMA on the communication of invitations or inducements to participate in unregulated schemes on the grounds that it is made to Exempt Recipients.
With regard to the UCITS Fund, any references above to ‘unregulated’ collective investment schemes should be read as ‘regulated’.
It is a condition of your accessing this section of the website that you are, and you warrant to Stenham that you are an Exempt Recipient. Persons who do not satisfy the criteria to be an Exempt Recipient should not access these parts of the website.
The Stenham Funds have not been authorised or otherwise approved by the either the Financial Conduct Authority or the Financial Services Board.
Access to the information contained within this Website may be restricted by laws and regulations applicable to the user. The information in this Website does not constitute either an offer to sell or a solicitation to buy in any jurisdiction where this is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation to do so, or at all.
Accordingly, persons accessing the information on this Website are responsible for themselves for ascertaining the legal requirements which would affect their acquisition of any investment, including any foreign exchange control requirements.
It should be noted that the information you are requesting to view is only available to investment professionals or professional clients. Access to this information requires the user to confirm that they meet the criteria for this classification. Such confirmation will be treated by Stenham as the user’s acceptance that they understand the definition of investment professional or professional client under the UK regulatory system.
Nothing in the Website constitutes investment advice and it is important that you do not rely upon its content to make investment decisions.
Monitoring
Your use of the Website may be monitored by Stenham, and the resultant information may be used by Stenham or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory organisation.
Intellectual Property Rights
Copyrights and all other intellectual property rights subsisting in the Website and each and every piece of information provided on or through the Website is owned by Stenham. No part of this, or any other section of the Website, may be reproduced in any form or by any means or re-distributed without the prior written consent of Stenham.
Availability of Website
Stenham will endeavour to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free. Your right to use the Website is subject to your agreement to abide by these Terms in their entirety, as well as other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. You may not violate or attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Stenham reserves the right to correct, improve or change the Website and to suspend access to the Website for maintenance or improvements.
Stenham may alter these Terms from time to time and post the new version on the Website, following which all use of the Website will be governed by that version.
Liability
The information contained herein has been prepared in good faith, however, no representation or warranty, expressed or implied, is or will be made and no responsibility or liability is or will be accepted by Stenham or its officers, employees or agents in relation to the accuracy, completeness or fitness for any purpose of this information.
The information is distributed without warranties of any kind either express or implied, including but not limited to warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law.
All conditions, warranties or representations not expressly stated in these Terms are excluded to the fullest extent permitted by law.
You are responsible for ensuring that your computer system meets all the relevant technical specifications necessary to use the Website. You also understand that Stenham cannot and does not guarantee or warrant that any material available on the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements for the accuracy of data input and output.
Linked Sites
Stenham makes no representations whatsoever about any other site(s) which you may access through this Website or which may link to this Website. When you access any other site you understand that it is independent form the Website and that Stenham has no control over the content or availability of that site. In addition, a link to any other site does not mean that Stenham endorses or accepts any responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link to any third party should be directed to that site’s operator.
Risk Statement
You should remember that the value of investments, and the income from them, may go down as well as up, and is not guaranteed, and investors may not get back the amount of money invested. Past performance cannot be relied on as a guide to future performance. Exchange rate changes may cause the value of overseas investments or investments denominated in different currencies to rise or fall.
These are not all the risks of an investment in the funds. Investors should take advice from their own independent, professional financial advisers before making an investment decision and are responsible for ascertaining and income tax or other tax consequences.
Jurisdiction and Applicable Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that Stenham may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.
Confirmation
- To the best of my knowledge, after due inquiry, I am permitted by the laws of my jurisdiction of residence to access this site and the information contained therein; and
- I have read and understood the terms and conditions of use and agree to be bound by them.