TERMS OF USE
This website (the “Website”) is operated by Emerging Markets Investment Management Limited (“EMIM”) and the information on this Website is communicated by EMIM. EMIM is a limited liability company with its registered office at 27 Hill Street, London, W1J 5LP. EMIM is authorised and regulated in the United Kingdom by the Financial Conduct Authority (the “FCA”) with firm reference number 790783.
By accessing or using the Website, you hereby accept and agree to comply with these terms of use (“ Terms of Use”). You acknowledge your understanding that these Terms of Use constitute a binding agreement between you and EMIM (also referred to as “we” or “us”) that governs your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website. EMIM reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the Terms of Use that apply to your use of the Website. EMIM reserves the right to monitor and record activity on the Website at its sole discretion and may report any activity that it suspects may violate any law or regulation as it deems appropriate.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN CURRENT FORM. IF YOU DO NOT ACCEPT SUCH TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOUR COMPLIANCE WITH THESE TERMS OF USE AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE WEBSITE MADE AVAILABLE TO YOU IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE.
Important Information
The Website is for general information purposes only and is not intended to provide investment, accounting, tax or legal advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation. The 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 the Website is prohibited. Persons in respect of whom such prohibitions apply must not access the Website. EMIM makes no representations that any Content is appropriate for use in all locations, or that transactions, securities products, instruments or services discussed here are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties. Anyone accessing the Website shall do so at their own initiative and is responsible for compliance with applicable local laws or regulations.
In the United Kingdom this website is directed exclusively to persons who are (i) investment professionals (ii) high net worth companies and certain other entities; or (iii) to any other persons to whom such communications may lawfully be made (as set out within the UK Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 and should not be used or relied upon by other persons such as retail clients (as defined in the FCA Rules).
The Website and any Content is not intended for the use of US persons (as defined in Regulation S under the United States Securities Act of 1933, as amended (the "Securities Act")) other than persons who are "qualified purchasers" (as defined in the United States Investment Company Act of 1940, as amended) and/or "accredited investors" (as defined in Rule 501(a) under the Securities Act).
No Offer or Reliance
The information on the Website is provided for informational purposes only. Nothing contained on the Website constitutes an invitation or offer to buy or sell any investment or interests in a fund (whether or not managed by EMIM) or to enter into any agreement and EMIM is not soliciting any action based upon the content of the Website. Nothing contained on the Website is intended to provide a basis on which to make an investment decision or constitutes a personal recommendation or takes into account the particular investment objectives, financial situations or needs of any particular person. In addition, no information, Content or other materials contained on the Website should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. EMIM does not advise on the tax consequences of any investment. Any decision to purchase interests in an investment fund or strategy described on this Website must be based solely upon the information contained in the relevant offering document. EMIM makes no representations that products, transactions or services described on the Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Website do so at their own initiative and are responsible for compliance with local laws or regulations.
While EMIM uses reasonable efforts to obtain information from reliable sources, EMIM makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Website obtained from third parties. Certain information on the Website may contain forward-looking statements. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. EMIM undertakes no obligation to update publicly or revise any information on the Website, whether as a result of new information, future developments or otherwise. Opinions and any other information on this Website are provided by EMIM for information purposes only, are subject to change without notice and should not be construed as advice to you on suitability or otherwise of any product or investment.
Past Performance and Risk Warning
Past performance is not indicative of future results. EMIM makes no representation that any investment will or is likely to achieve profits or losses similar to those achieved in the past or that significant losses will be avoided. Investments in investment funds, including those managed by EMIM, are speculative, involve a high degree of risk and are intended for experienced and sophisticated investors. Different types of funds, strategies or investments present different degrees of risk and you should carefully review the associated risk factors contained in the fund/strategy specific offering documents and information prior to making an investment. This Website does not list, and does not purport to list, the risk factors associated with an investment in any fund managed by EMIM.
Website Security
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use.
You must not use this website (or permit or procure others to use it) as follows:
(i) for any unlawful, improper or illegal purpose or activity;
(ii) to violate EMIM’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
(iii) to damage EMIM's name or reputation or that of EMIM’s affiliated companies or any third parties;
(iv) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into the Website or any other entity's systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items; and/or
(v) to transmit confidential or proprietary information, except solely at your own risk.
When using the Website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on the Website in certain countries and EMIM and its affiliated companies disclaim all responsibility if you download any information from this website in breach of any law or regulation of the country in which you reside.
Intellectual Property Rights
Unless otherwise noted, all Contents and the compilation of the same on the Website is the exclusive property of EMIM and are subject to copyright with all rights reserved. The copyright, trademarks and all similar rights of this Website and the Contents, including all information, graphics, code, text and design, are owned by EMIM (or its licensors).
You may download or print individual sections of the Website for your personal use and information only provided that you ensure that all copyright notices and other proprietary notices are displayed on such downloaded or printed sections. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use any of the Content or the Website for any public or commercial purpose without EMIM’s prior written permission.
Nothing on this Website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party.
Privacy and Cookies
Privacy Policy
EMIM collects certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to us on the Website or through other means.
Please click here to read our Privacy Notice, which explains how EMIM uses and processes personal data of individuals with whom it interacts.
Cookie Policy
In connection with your use of the Website, we will primarily collect data through cookies. Cookies are small text files that help your browser navigate through the Website. The cookie file is generated when you access the Website and is accepted and processed by the browser software of your computer. The cookie is stored in the folder or subfolder of your browser. Most browsers are initially set to accept cookies. You have the ability to disable cookies if you wish, generally through changing your internet browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer. Unless you have adjusted your browser setting so that it will reject cookies, the Website will issue cookies when you access or use the Website. If you do choose to disable or adjust cookies, certain functionalities of the Website may not work. Please click here to read our Cookie Policy.
Third Party Links
Any links to third party websites are included solely for your convenience. EMIM makes no representation concerning the content of such websites. EMIM does not control or endorse such websites, and is not responsible for their accuracy or completeness. EMIM assumes no liability for any loss or damage that may arise from your use of such websites.
Disclaimer
The Website, all Content, including information and materials contained in this website, text, graphics, software, links and other items are provided “as is”, “as available”. EMIM does not warrant the accuracy, adequacy, completeness, timeliness or availability of the information and data contained in this website, and expressly disclaims liability for errors or omissions on the Website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this Website.
Limitation on Liability
To the extent permitted by applicable laws and regulations, in no event will EMIM be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or use or misuse thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if EMIM, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
As a condition of your use of the Website, you agree to indemnify and hold harmless EMIM and its affiliates, and the directors and employees of EMIM and its affiliates from and against any and all liabilities, claims, damages, losses or expenses, including legal fees and expenses, (together, “Losses”) arising out of your access to or use of this website, save to the extent that EMIM may not exclude or limit its own liability for such Losses pursuant to applicable laws or regulations.
Governing Law
Use of the Website and these Terms of Use (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute (including any dispute relating to non-contractual obligations) arising out of your use of the Website. Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in another jurisdiction.