Terms of use
General
Before using this website (the “Website“), you should read the following terms and conditions carefully (the “Terms of Use“) and also our Privacy Policy. This Website is made available to you by Life Settlement Assets PLC (the “Company“), a closed-ended investment company whose shares are admitted to trading on the London Stock Exchange’s Specialist Fund Segment.
The Company is an alternative investment fund for the purposes of Directive 2011/61/EU of the European Parliament and the Council of 8 June 2011 on Alternative Investment Fund Managers (the “AIFMD“) and the UK Alternative Investment Fund Managers Regulations 2013 (the “AIFM Rules“). The Company is registered by the UK Financial Conduct Authority (the “FCA“) as a “small registered UK AIFM” pursuant to regulation 10(2) of the AIFM Rules on the basis that it is a small internally managed AIF.
By accessing the Website you confirm that you have read, understand and agree to be bound by the Terms of Use and the regulatory requirements governing the use of the Website. If you do not agree with or accept any of these Terms of Use, you are not authorised to use the Website and your sole remedy is to cease using the Website immediately.
The information described below is current at the date of publication but is subject to change without notice. You should review these Terms of Use regularly as your continued use constitutes agreement to all such changes. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.
The Company’s shares are only suitable for investors: (a) who are institutional, professional and highly knowledgeable (including those who are professionally advised); (b) for whom an investment in the shares is part of a diversified investment programme; and (c) who fully understand and are willing to assume the risks involved in such an investment, including the potential risks of capital loss and that there may be limited liquidity in the underlying investments of the Company.
Note by accepting these Terms of Use you also agree to “cookies” being placed on your computer (please see our Privacy Policy for further information).
Should you wish to contact the Company, please use the “Contact” menu which can be found on each page of the Website.
In these Terms:
- ‘Content‘ means all pages, screens, information and materials included in or accessible through this Website (including any content available on any email).
- ‘you‘, ‘your‘ and ‘yours‘ means you, the person(s) accessing this Website and the party on whose behalf you are doing so.
- ‘we‘, ‘us‘, and ‘our‘ means the Company.
No offer
This Website and the information contained herein is for informational purposes and does not and is not intended to constitute, and should not be construed to be, a direct or indirect offering or placement of shares in the Company or the provision of investment management, advisory or other services to any person in any jurisdiction in which such solicitation is not authorised or to any person to whom it would be unlawful to make such solicitation.
Disclaimer and Limitation of Liability
The Website is provided “as is” and we (which shall, for the purposes of this section include Life Settlement Assets PLC (“Life Settlement Assets PLC“)) give no warranties of any kind express or implied in respect thereof. Use of this Website is at your sole risk. We do not warrant or represent that: (a) any information contained on this Website will be accurate, complete or up to date or meet your specific requirements; (b) you will be able to use the Website or that it will continue to be made available in its current or any other form; (c) access to this Website will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Website is transmitted to you, and (d) no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged. It is your responsibility to use anti-virus software on any software or other material that you may download from the Website and to ensure compatibility of such software or material with your equipment. We do not provide any guarantee about the accuracy, functionality or performance of any third party software, content or equipment used in connection with this Website.
We make no representations, warranties or undertakings about the information or opinions contained within the Website. The information and opinions contained in the Website are provided by us for personal use and informational purposes only and are subject to change without notice. In addition, we make no such representations, warranties or undertakings about any website to which ours is linked and accept no responsibility for the content of external sites.
Except as expressly set out in these Terms of Use, all warranties, conditions and representations expressed or implied by statute, common law or otherwise (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.
To the fullest extent permitted by law, neither the Company nor Life Settlement Assets PLC shall be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) of whatsoever nature suffered by you (including, without limitation, direct loss or damage, indirect, special, incidental or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit) arising out of or in connection with (a) your use of or inability to use this Website; (b) your use, reference to or reliance on any information on this Website; (c) any error or inaccuracies in any information or material within or relating to the Website; or (d) any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Website or your use or attempted use of it
The provisions in this section of the Terms of Use apply only as far as the law permits and in particular the duties and liabilities owed to shareholders or clients under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority for the conduct of business are not excluded or restricted.
Local regulatory restrictions
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 or which would subject us to any registration or other requirement within such jurisdiction or country. The Website is intended for those who access it from within the United Kingdom. Specifically, the Website is not directed at any person in the United States of America, Australia, Canada, the Republic of South Africa, Japan and New Zealand. We reserve the right to limit access to the Website to any person, geographic region or jurisdiction. Additionally, the promotion and sale of shares in the Company may be restricted in your jurisdiction. Persons in respect of whom such prohibitions apply must not access the relevant pages on the Website. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.
You are required to notify the Company immediately by email if any information which you are able to access on this Website would cause you, Acheron or the Company to be in breach of applicable laws or regulations. In such event, you shall: (a) destroy immediately any such information (and all copies) which has been downloaded or printed by you from this Website; (b) stop accessing this Website; (c) disregard such information; and (d) treat such information as confidential and not disseminate it.
Investment performance
The value of investments and the income derived from them may fall as well as rise and investors may not receive back the amount originally invested. Where past performance is shown it refers to the past and should not be seen as an indication of future performance, and nothing on this Website should be interpreted to state or imply otherwise. Changes in rates of foreign exchange may cause the value of the investments to go up or down. In the case of investments for which there is not a recognised market it may be difficult for investors to sell their investment or to obtain reliable information about its value or the extent of the risks to which it is exposed. The information contained in this Website is based on our understanding of current law, regulation and HM Revenue and Customs (“HMRC“) practice at the time of publishing. Future changes in law, regulation, tax levels or HMRC practice could affect the information on this Website. Any forecast, projection or target is indicative only and is not guaranteed in any way. We accept no liability for any failure to meet such forecast, projection or target.
Intellectual property
All intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) contained in this Website are owned by or licensed to the Company unless otherwise stated. Nothing in these Terms of Use grants you any rights in the Website or the content or intellectual property rights contained therein.
Reproduction of all or any part of this Website or any information contained within it is prohibited unless required for personal, non-commercial, use, provided that: (a) you must not alter any extract contained on or obtained from this Website in any form; (b) you do not remove any copyright or other proprietary notices; (c) you do not download the contents to a database that can be used to avoid further downloads from the Website; and (d) you do not use the contents in a manner that suggests an association with any of our products, service or brands. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any other use is prohibited unless you first get our written permission.
Any downloading or otherwise copying from the Website will not transfer title to any software or material to you. If you print off, copy or download any part of the Website in breach of these Terms of Use your right to use the Website will cease immediately and you must at our option return or destroy any copies of the materials you have made.
is Website contains names and logos that are registered trademarks owned by or licensed to companies within the Company’s group. We may also claim trademarks and service marks in other marks contained within the pages of the Website. Use of any such names or logos is forbidden without our prior written consent.
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 or in any way exploit the whole or any part of the Website without the prior written permission of the Company. You may not use the Website in any way that is fraudulent, abusive, libellous, obscene, threatening or unlawful.
either you nor any other party may deep link to, frame, spider, harvest or scrape the content of the Website or otherwise access the content for any purposes, or use any machine, electronic, web based or similar device to read or extract the content by machine based or automated means, without our prior written permission.
Neither you nor any other party may use any part of this Website on any other website, or link any other website to this Website, without our prior written permission, save that you may link to the home page of this Website, provided that you do so in a way that is fair and legal, does not damage our reputation or take advantage of it. You must establish a link to this Website in such a way not to suggest approval or endorsement on our part where none exists. We are not responsible for the set-up of any link from a third party website to our Website.
Any infringement of any of our intellectual property rights will result in appropriate legal action.
This Website may provide links to third party websites or resources over which the Company has no control. These links are provided for your convenience which you may access at your sole discretion and entirely at your own risk. You should be aware that other websites are not subject to our privacy standards or procedures and we do not make any representation as to the accuracy or completeness of any linked websites, have not and will not review or update such websites and accept no responsibility for such websites.
To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us. All recordings are our sole property.
The Company works with third parties to research certain usage and activities on our Website on our behalf. No personal information about you is shared, however in the course of conducting this research these third parties may place a unique “cookie” on your browser. For further information, please read the Cookies section/Privacy Policy on our Website.
Forward-looking statements
Certain materials on this Website may contain statements, beliefs and opinions which are forward-looking and reflect current expectations and projections about future events as of the date of the materials. By their nature, forward-looking statements involve a number of risks, uncertainties and assumptions that could cause actual results or events to differ materially from those expressed or implied by forward-looking statements which could adversely affect the outcome and financial effects of the plans and events described. Forward-looking statements contained in this Website regarding past trends or activities should not be taken as a representation that such trends or activities will continue in the future. Users are cautioned not to put undue reliance on these forward-looking statements. Forward-looking statements speak only as of the date they are made, and neither the Company, Acheron, nor any other person assumes any obligation to update or revise any of them in light of new information, future events or otherwise.
Miscellaneous
The content of this Website is general in nature. Nothing contained on this Website constitutes investment financial, legal, accounting, tax or other advice, nor is it to be relied on in making an investment or other decision. If you do require investment advice, please consult a suitably qualified professional adviser. You should take appropriate professional advice as to any securities, taxation or other legislation affecting you personally prior to investing. This Website and the information contained herein is not a recommendation to acquire or dispose of any investment or to engage in any other transaction and does not make any recommendations about the suitability of the Company for the circumstances of any particular investor.
These Terms of Use contain the entire understanding and agreement between the Company and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or the Company which is not contained herein.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable you agree that the other provisions of these Terms of Use will remain in full force and effect to the fullest extent permitted by law.
All information gathered from you in connection with your use of the Website will be maintained in accordance with our Privacy Policy.
Neither the Company nor Acheron represents, warrants or guarantees in any way that there is continued availability at all times or of uninterrupted use by you of the Website. Your use of this Website is at the sole discretion of the Company. The Company may deny you access to the Website or any portion thereof at any time, without notice and with or without cause. Further the Company reserves the right to suspend or cease the operation of the Website from time to time at its sole discretion.
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 (whether by means of email or otherwise), 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. We cannot guarantee that any information displayed on the Website has not been interfered with without our consent.
We may assign our rights and obligations under the Terms of Use to any member of the Company’s group or to any successor to that part of our business which includes the Website, provided always that the assignee undertakes to comply with our obligations under the Terms of Use, or appoint one or more agents to provide all or any of the services and references to “we”, “us” or “our” will include references to such assignees and agents.
The Company reserves the right to make amendments and changes to the information on this Website or to withdraw access to this Website or any part of it at any time without notice. You are responsible for checking that this has not been updated since your last visit to the Website.
No delay or failure by you or us to exercise any of our or your powers, rights or remedies under these Terms of Use shall operate as a waiver of them, nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in these Terms of Use are cumulative and not exclusive of any remedies provided by law.
Governing Law
These Terms of Use are governed and construed in accordance with the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.