Terms & Conditions
General Terms & Conditions
The terms and conditions of use set forth below apply to this website (the “Site”).
Please read these terms and conditions of use carefully before using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agreed to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use the Site.
This Site is provided by Broad Reach Investment Management LLP and its affiliates (the “Broad Reach Group” or “Company”). The Broad Reach Group reserves the right, at the Company’s discretion, to change, modify, add or remove portions of these terms at any time without notice and without liability. Therefore, it is suggested that you review these terms periodically for changes. By using the Site after the Company has posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
The Site is subject to international copyright laws and other intellectual property rights with all rights reserved. No information contained in any part of the Site or associated documents (together the “Information”), may be redistributed in whole or in part, stored in a retrieval system, modified, linked into, republished, uploaded, transmitted in any form or by any means electronic or mechanical, or by photocopying, recording or otherwise without the express prior written permission of the Broad Reach Group.
No Advice or Offer
The Information is confidential and is not intended to influence you in making any investment decisions and should not be considered as advice or a recommendation to invest. Any Information in the Site may not be suitable for all investors and investors must make their own investment decisions using their own independent advisors and relevant offering material. Any investment decisions must be based upon an investor's specific financial situation and investment objectives and should be based solely on the information in the relevant offering memorandum. Income from or the price or value of any financial instruments may rise or fall. Past performance is not necessarily indicative of future results.
The content of this Site is not intended, and must not be construed, as an offer of, or a solicitation of an offer to purchase, any investments in any jurisdiction where such offer or solicitation would be unlawful. In particular, the Site is not intended as marketing of any fund in any member state of the European Economic Area for the purposes of the Directive 2011/61/EU on Alternative Investment Fund Managers.
The Broad Reach Group assumes no responsibility or liability for the correctness, accuracy, timeliness or completeness of the Information, for any viruses, distributed denial-of-service attacks, computer programs or other technologically harmful material that may infect your computer equipment, contained in, or attached to, the Site or for any loss, damage or lost opportunities resulting from the use of the Information. Any views, opinions or assumptions may be subject to change without notice.
The Broad Reach Group will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site.
The content of the Site is not directed at or intended for persons, individuals or entities that are US Persons (as defined by Regulation S of the US Securities Act of 1933, as amended) and no securities or services are being offered in the United States or to US Persons. None of the Broad Reach Group nor its affiliates holds itself out as an investment adviser in the United States or offers its services to the general public in the United States.
Broad Reach Investment Management LLP is registered as a commodity pool operator with the US Commodity Futures Trading Commission ("CFTC") and is a member of the National Futures Association ("NFA"). Such registration and membership do not imply that the CFTC or the NFA have endorsed any qualifications to act as a commodity pool operator.
Broad Reach Investment Management LLP is authorised and regulated by the Financial Conduct Authority of the United Kingdom.
You agree that your use of this Site and any dispute arising from the use of this Site (whether contractual or non-contractual) is governed by and shall be construed in accordance with the laws of England and Wales and you submit to the exclusive jurisdiction of the English courts.
If you access the Site from outside the United Kingdom you are responsible for ensuring compliance with local laws relating to access to websites.
Terms and Conditions of Web Site Use
Your username and password is for your personal use only and neither may be transferred to any other person. The information contained in any part of the Site or associated documents (together the “Information”) is confidential and may not be shared without our consent.
The product described on the password protected pages of the Site is an unregulated collective investment scheme. Its promotion or offering in the United Kingdom is restricted to institutions or individuals falling within COBS 4.12, Chapter 4 of the FCA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001). When viewing any area of the Site related to this unregulated fund, you confirm that you are authorised to carry out investment business under FSMA or are a person falling within the eligible categories of permitted investors (Rule 4.12, COBS Chapter 4 of the FCA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001)).
In addition to the foregoing, by entering this Site you agree and confirm to the Broad Reach Group that:
- you have chosen to access this Site of your own will and are requesting the Information on your own initiative;
- you will not distribute, copy or otherwise reproduce any of the Information;
- you understand that none of the Information comprises or includes a financial promotion or investment advertisement and the Information is not intended as an offer or solicitation with respect to the purchase or sale of any security, and that the Information is provided for your information only;
- you understand that the Information is not intended for distribution to, or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation; and
- where you are in the United Kingdom, you are not a private or retail investor or subject to any jurisdictional restrictions permitting access to information on unregulated collective investment schemes and that you fall within one of the permissible categories under Rule 4.12, COBS Chapter 4 of the FCA Handbook, and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001; and
- where you are in the United States, because the Information is only intended for the account of U.S. persons (as defined in Regulation S under the United States Securities Act of 1933, as amended (the “Securities Act”)), you are a “qualified purchaser” (as defined in the United States Investment Company Act of 1940, as amended (the “Company Act”)) and/ or an “accredited investor” (as defined in Rule 501(a) under the Securities Act).