WEB SITE TERMS AND CONDITIONS OF USE
These terms and conditions apply to your use of the internet web site located at www.affirmativeim.com (the "web site"). This is a legal agreement. It grants you certain rights and imposes certain obligations on you in connection with your use of the web site.Please read this document carefully.
By accessing the web site (or any part of it) you agree that you have read and accept these terms and conditions including, without limitation, the exclusions and limitations of liability set out in clause 5.5. If you do not agree, do not use the web site.
The pages on the Web Site have been issued by Affirmative Investment Management Partners Limited ("Affirmative") which is authorised and regulated by the Financial Conduct Authority ("FCA") (FRN 658030) in respect of its activities carried on in or from the UK. The material contained in the Web Site details Affirmative's services, being its activities as an investment manager.
It is your responsibility to be aware of and to observe all applicable laws and regulations regarding your use of the web site for your country of residence.
1. Scope of Agreement
This agreement (the "Agreement") governs your use of the Web Site which is made available to you by Affirmative Investment Management Partners Limited, 78 Cannon Street, London EC4N 6HL ("us", "we" or "our") as a user.
There may be, in addition, further notices on the Web Site itself, which will operate in addition to the terms and conditions of this Agreement. All of these notices will be brought to your attention when you first visit the relevant section of the Web Site and you will be asked to accept them. If you do not accept them, you will not have access to all areas, information or services displayed on the Web Site.
The Web Site will be made available to you free of charge in consideration of your acceptance of the terms of this Agreement.
Nothing contained on any part of the Web Site constitutes investment, legal, tax or other advice nor is to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. The information and opinions contained on the Site are provided without any express or implied warranty.
2. Web Site Directed at Professional Investors and Institutional Investors
This Web Site contains information about the services provided by Affirmative and the types of Funds managed by Affirmative. The Funds have not been authorised, registered, recognised or approved by the FCA and as such may only be promoted to certain categories of investors.
The law and regulations of the United Kingdom prohibit Affirmative promoting the Funds on this Web Site to persons other than to certain professional investors and institutional investors. Such persons include (i) existing customers of Affirmative and/or (ii) persons who would be classified as a professional client or eligible counterparty under the FCA Handbook of Rules and Guidance if taken on as customers by Afffirmative and/or (iii) persons who would come within Article 19 (investment professionals) or Article 49 (high net worth companies, trusts and associations) of the Financial Services and Markets Act 2000 (Financial Promotions) Order 2001 and/or (iv) persons to whom this communication could otherwise be lawfully made in the United Kingdom.
Any recipient of this communication who is not one of the intended recipients as set out above should disregard the communication and may not rely on or take any action in relation to the communication. Recipients of this communication in jurisdictions outside the United Kingdom should inform themselves about and observe all applicable legal or regulatory requirements.
The Web Site does not facilitate Permitted Visitors to make investments in any of the Funds. As a matter of general policy Affirmative will not conduct regulated investment activities with any person as a result of their receiving information from the Web Site without obtaining further information to verify that that person is an Institutional Investor.
The information on the Web Site is not directed at any person who is located in any jurisdiction where it is prohibited to direct such information. If you are a person in a jurisdiction in which such prohibitions apply you must not access this Web Site.
We reserve the right to make changes to this Agreement from time to time. Any changes to the Agreement will be posted here.
SHOULD YOU CONTINUE TO USE THE WEB SITE AFTER CHANGES HAVE BEEN POSTED HERE, YOU WILL BE DEEMED TO HAVE ACCEPTED THEM.
4.1 Information published on the Web Site
The information published on the Web Site is provided for general information purposes only and should not be used as a basis for making investment or business decisions. We make no representation and give no warranties (express, implied or statutory) as to the accuracy, completeness or currency, or as to the fitness for any purpose of any of the information provided on the Web Site and it should not be relied upon as such. We accept no responsibility to update any information on the Web Site. You should always consult your usual contact at Affirmative for further advice or information before acting on any of the information published on the Web Site.
No information (including without limitation any information describing our investment portfolio) or opinion expressed in the Web Site is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by us or any of our affiliate companies to you or any person to buy, sell or otherwise deal in any particular investment, or otherwise make any investment or divestment or to engage in investment activity, including invest in a Fund or appoint Affirmative as your discretionary investment manager. In providing such information we are not issuing, promulgating or providing any financial or other advice to you or any person.
While Affirmative makes reasonable efforts to obtain information from sources that it believes to be reliable, Affirmative makes no representation that the information or opinions contained in the Web Site are accurate or reliable or complete. The information and opinions contained in the Web Site are provided solely for informational purposes only and are subject to change without notice.
4.2 Links to other web sites
You may be able to link to other web sites which are owned and operated by third parties ("Third Party Web Sites") from the Web Site by means of hyperlinks. Some of these Third Party Web Sites may be "framed" within the Web Site while others will open in separate windows. In each case, you should be aware that the Third Party Web Sites are independent of the Web Site and we have no control over them or their content.
Your use of any Third Party Web Site may be subject to specific legal terms and conditions which apply to those web sites. Third Party Web Sites are not subject to the terms of this Agreement or any other notices published on the Web Site.
The inclusion of any hyperlinks to Third Party Web Sites in the Web Site does not mean that we approve or endorse those hyperlinks or Third Party Web Sites. We accept no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible from Third Party Web Sites.
Where you leave the Web Site and visit a Third Party Web Site by means of hyperlinks made available on the Web Site, and if you provide personal information about yourself on that Third Party Web Site which can identify you, it may be technically possible for the person who operates that Third Party Web Site to deduce that you are one of our clients or a visitor to our Web Site due to the nature of the Internet. You hereby accept the possibility that third parties may obtain such information about you when you link to Third Party Web Sites and submit personal information about yourself on those Third Party Web Sites.
4.3 No Warranties
THE WEB SITE IS PROVIDED "AS IS" AND WE GIVE NO WARRANTIES IN RESPECT THEREOF. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT:
(i) YOU WILL BE ABLE TO USE THE WEB SITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM AT THE CURRENT DOMAIN NAME OR ANY OTHER DOMAIN NAME;
(ii) THE WEB SITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE. IT IS YOUR RESPONSIBILITY TO USE SUITABLE ANTI-VIRUS SOFTWARE ON ANY SOFTWARE OR OTHER MATERIAL THAT YOU MAY DOWNLOAD FROM THE WEB SITE AND TO ENSURE THE COMPATIBILITY OF SUCH SOFTWARE OR MATERIAL WITH YOUR EQUIPMENT; OR
(iii) NEWS, PRICES, OPINIONS AND OTHER INFORMATION ON THE WEB SITE ARE ACCURATE OR COMPLETE.
Any warranties which would otherwise be implied by law (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.
You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Web Site, you do so at your own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Although we use all reasonable endeavours to ensure the Web Site is secure from attacks (such as "hacking"), we cannot guarantee that any information displayed on the Web Site has not been changed or modified through malicious attacks.
4.5 Limitation of Liability
IT IS A CONDITION OF OUR ALLOWING YOU FREE ACCESS TO THE WEB SITE THAT NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES WILL BE LIABLE TO YOU, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE SUFFERED BY YOU (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS) OR FOR LOSS OF PROFIT OR LOSS OF DATA, ARISING FROM:
(i) YOUR USE OF THE WEB SITE OR ANY SOFTWARE OR MATERIALS PROVIDED ON OR DOWNLOADED FROM THE WEB SITE;
(ii) ANY COMPUTER VIRUS TRANSMITTED THROUGH THE WEB SITE;
(iii) YOUR INABILITY TO USE THE WEB SITE AT ANY TIME AND ANY ERROR IN THE PROVISION OF THE WEB SITE;
(iv) ANY DELAY IN OR FAILURE OF THE TRANSMISSION OR THE RECEIPT OF ANY INSTRUCTIONS OR NOTIFICATION SENT THROUGH THIS WEB SITE;
(v) YOUR USE OF E-MAIL COMMUNICATIONS TO CONTACT OR INSTRUCT US (INCLUDING, WITHOUT LIMITATION, ANY DELAY IN OUR RECEIPT OR CONFIRMATION OF SUCH A COMMUNICATION, ANY INTERCEPTION OF OR CHANGES TO SUCH A COMMUNICATION AND ANY REASONABLE DELAY IN ACTING ON SUCH A COMMUNICATION);
(vi) YOUR USE OF AND/OR RELIANCE ON THIRD PARTY WEB SITES TO WHICH YOU HAVE GAINED ACCESS BY MEANS OF HYPERLINKS PUBLISHED ON THE WEB SITE; OR
(vii) ANY INACCURATE INFORMATION OR OPINIONS PUBLISHED ON THE WEB SITE OR YOUR RELIANCE THEREON.
Nothing in these or any other terms and conditions governing your use of the Web Site shall operate to exclude or restrict our liability for (1) fraud; or (2) death or personal injury resulting from our, or our employees', negligence.
5. Web Site Integrity
You may not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, (ii) are threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful, (iii) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law, (iv) infringe the rights of third parties, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
6. Email Communications
Any e-mail communications made by you to us either through the Web Site or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Web Site.
We may act on any instruction or other communication, whether made by e-mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. In the interests of security we may (if we determine it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.
There may be delays in executing any instructions that you send to us by means of e-mail. For example, your e-mail may be received by us outside normal business hours, in which case we will only act thereon as soon as may be practicable during the next business day.
YOU SHOULD BE AWARE THAT ALL INFORMATION OR INSTRUCTIONS E-MAILED TO US WILL BE ACTED UPON OFF-LINE AND WILL NOT BE PROCESSED OR FULFILLED AUTOMATICALLY. THIS MEANS THAT YOUR INFORMATION OR INSTRUCTIONS WILL NOT NECESSARILY BE PROCESSED OR FULFILLED OR ACTED UPON IMMEDIATELY AND IN SOME CASES THERE MAY BE A SIGNIFICANT DELAY BEFORE PROCESSING OR FULFILMENT OF THEM.
We respect the privacy of every individual who visits the Web Site. In dealing with us you may provide us with personal information about yourself. The purpose of this statement is to set out the principles governing our use of personal information that we may obtain about you. By using the Web Site you consent to the use of your personal information in accordance with the terms of this Clause.
7.2 Collection and use of personal data
We will only obtain personal data from you for specified and lawful purposes and any personal data which we obtain will be processed fairly and lawfully.
We collect personal data for use in the normal course of our business. We may collect personal data from you through the Web Site when you contact us for further information. The personal data which we collect will be processed for the purpose of fulfilling such requests or orders. It may also be held and processed by us for general research, administrative purposes and for the general development of our business.
We may, from time to time, send you further information relating to our products, events or services which we feel may be of interest to you. You may notify us at any time if you wish to cease receiving this further information by contacting your usual contact at Affirmative.
As a means of processing your personal data for the purposes set out above, we may, if deemed appropriate, send the information which you provide to us to other members of the Affirmative group and/or any of their subsidiaries and related companies or partnerships located anywhere in the world where we do business. This may include companies, offices or data centres outside the European Economic Area. In certain cases your information may be passed to companies who process data on behalf of us, our advisers, financial intermediaries and credit reference agencies with which we work. Where we pass data to third parties we ensure that appropriate confidentiality arrangements are in place.
When you visit the Web Site, we may collect information about you which may not personally identify you but which may be helpful for improving the operation of the Web Site. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer.
7.4 Accuracy and security
We will take all reasonable steps to keep your personal information accurate and, where necessary, up to date. If you believe that any of the information that we hold about you is incorrect please notify your usual contact at Affirmative.
We implement various security measures in relation to our processing and transfer of personal data. However, the nature of the internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons and we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information online over the internet.
7.5 Your rights
We will take all reasonable steps to retain data only for the duration of the purpose for which it was obtained. When requested to do so, we will delete personal information from current operational systems where it is no longer required. We may need to continue to hold some details about you after your relationship with us has ended, for example for legal and regulatory reasons.
You have the right to receive information about the personal data (as defined in the Data Protection Act 1998) that we hold about you (a fee may be payable). You should also note that, under data protection laws, in certain circumstances you are entitled to object to the processing of your personal data and have certain rights of access, rectification and/or removal of your personal data. To exercise these rights you should write to us or email your contact at Affirmative.
8. Intellectual Property Rights
All rights in the material on the Web Site are either owned by us or made available to us under license. The material on the Web Site is protected by copyright. All trade marks and devices displayed on the Web Site are owned by us and/or our licensors, and may be registered in many jurisdictions across the world. Save as provided in these conditions any use or reproduction of these trade marks and/or devices is prohibited. All rights in the material on any other web sites which you may be able to link to from the Web Site are owned by third parties.
You may view the Web Site and you are welcome to print hard copies of material on it for your personal, non-commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved.
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of our subsidiaries and related companies or partnerships located anywhere in the world without requiring any further consent from you.
11. No Waiver
The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
12. Governing Law
The Agreement is governed in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising out of your use of the Web Site or the Agreement and you hereby submit to the jurisdiction of the courts of England and Wales.