Terms of Website Use
BY PROCEEDING AND ACCESSING ANY PART OF THE WEBSITE YOU ARE INDICATING THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.
“Absolute Return Partners” and “ARP” are trading names of Absolute Return Partners LLP (ARP), incorporated in England with company registration number OC303480, which is authorised and regulated by the Financial Conduct Authority (FCA Firm Reference Number 221250). ARP’s registered office is at 16 Water Lane, Richmond TW9 1TJ, United Kingdom.
2. Limitations on Use and Reliance of Information on Website
The information contained in the Website is for information purposes only and does not constitute and should not be construed as advice on which reliance should be placed, an offer by ARP to enter into any contract or investment agreement or a solicitation to buy or sell any investment in any jurisdiction or in any circumstances. Any information provided in relation to a specific fund is not intended to provide a sufficient basis on which to make any investment decision as any such decision requires careful study of the offering memorandum of the relevant fund.
No information on the Website is intended to amount to the financial promotion of Unregulated Collective Investment Schemes which are not authorised or recognised by the UK Financial Conduct Authority (“FCA”) and cannot be promoted to the general public. Any such information is intended solely for certain classes of investors permitted to receive it under relevant legislation and regulations, including investors falling within the qualifying categories set out the Conduct of Business Rules contained in the FCA Handbook or in the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2005, in each case as amended or replaced from time to time. This is because such investors are sufficiently experienced and sophisticated to understand the risks associated with such investments, including the possibility of a substantial loss or complete loss of their investment.
No information on the Website has been included with regard to any individual’s circumstances, objectives, or needs and each individual must make his own independent decisions regarding any securities or financial instruments. Before entering into any transaction, each individual is urged to consider the suitability of the transaction to his particular circumstances and to review independently, with professional advisors as necessary, the specific risks incurred, in particular the financial, regulatory, and tax aspects.
The information contained in the Website is not intended for distribution to, or use in any jurisdiction where such distribution, publication, or use would be unlawful, nor is it directed to any person or entity to whom it would be unlawful to direct such a document.
We may modify, suspend, withdraw or deny access to the Website at any time and for any reason, including introducing changes for its use or other restricted access.
3. Site Availability
While ARP endeavours to ensure that the Website is normally available 24 hours a day, ARP shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily or withdrawn without notice in the case of system failure, maintenance or repair or for any other reason.
4. Your Use of the Website
You are permitted to print and download extracts from the Website for your own use on the following basis:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the corresponding text;
- ARP’s copyright and trade mark notices and this permission notice appear in all copies;
- you will not use the Website in any way that is unlawful or fraudulent or that breaches any applicable local, national or international law or regulation; and
- you do not distribute any information on the Website or use in any jurisdiction where such distribution, publication or use would be unlawful.
Unless otherwise stated, the copyright and all other intellectual property rights in all content and material on the Website, including without limitation all information, code, text, designs, photographs and graphical images, are owned by ARP or its licensors (Copyright ARP 2002-13).
For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 4.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Subject to clause 4.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without ARP’s prior written permission.
Any rights not expressly granted in these terms are reserved.
5. User material and conduct
You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes unsolicited or unauthorised advertising or promotional material or any other form of solicitation (spam);
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, keystroke loggers, spyware, adware, harmful components, corrupted data or other malicious software or harmful data or code designed to adversely affect the operation of any computer software or hardware).
You may not misuse or attempt to gain unauthorised access to the Website (including, without limitation, by hacking).
ARP shall fully co-operate with any law enforcement authorities or court order requesting or directing ARP to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
ARP shall remove any material posted or transmitted to the Website by you which it deems to be inappropriate.
6. Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. ARP has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. ARP therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the ARP logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not in any way imply that ARP is endorsing any products or services other than its own;
- you do not misrepresent your relationship with ARP nor present any other false information about ARP;
- you do not otherwise use any ARP trade marks displayed on the Website without express written permission from ARP;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
ARP expressly reserves the right to revoke the right granted in clause 8.2 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify ARP for any loss or damage suffered by ARP or any member of its group for breach of clause 8.2.
While ARP endeavours to ensure that the information on the Website is correct, ARP does not warrant the accuracy and completeness of the material on the Website. ARP may make changes to the material on the Website, or to the products described in it, at any time without notice. The material on the Website may be out of date, and ARP makes no commitment to update such material.
The website may include forward-looking statements that are based upon our current opinions, expectations and projections. ARP undertakes no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, ARP provides you with the Website on the basis that ARP excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by English law which, but for this legal notice, might have effect in relation to the Website).
ARP and any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude to the fullest extent permitted under UK law all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this legal notice shall exclude or limit ARP’s liability for:
- death or personal injury caused by negligence; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.