Disclaimer
Introduction
This website and these Terms and Conditions are issued by Alken Asset Management LLP (hereafter “Alken”), which is authorised and regulated by the Financial Services Authority ("FSA"). The information on this website is not directed at any person in any jurisdiction where it is unlawful to access and use such information.
Intended Audience
Not all of the investment funds referred to on this website are recognised collective investment schemes for the purposes of the Financial Services and Markets Act 2000 of the United Kingdom (the “Act”). The promotion of these funds to, and access to this website by, persons in the United Kingdom is accordingly restricted by law, save to authorised persons and those other persons to whom unregulated vehicles may be marketed in accordance with:
(i) s.21 and s.238 (and other relevant sections) of the Financial Services and Markets Act 2000;
(ii) the relevant sections of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005; and
(iii) the relevant sections of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001.
By accessing this website you confirm your status as a professional client or eligible counterparty (as defined in the handbook of rules and guidance issued from time to time by the FSA (the “FSA Rules”) and you warrant as such. Shares in the funds referred to on this website are only available to such persons and information on this website must not be relied or acted upon by any other persons.
Investors in the funds referred to on this website will not benefit from the investor protection safeguards normally applicable to UK investments. In particular, potential investors should note that compensation will not be available under the United Kingdom Financial Services Compensation Scheme nor will investors have access to the Financial Ombudsman Service in the event of a dispute arising. Please consult your legal adviser or visit the FSA’s website for further explanation. Shares in the funds referred to on this website are not dealt in or on a recognised or designated investment exchange for the purposes of the Act, nor is there a market maker in such shares, and it may therefore be difficult for an investor to dispose of his shares otherwise than by way of redemption.
No Warranty
Information provided in this website is believed to be correct and accurate at the time of inclusion, but is subject to change without notice. Alken gives no warranties as to the accuracy of information provided herein and expressly disclaims any liability arising from any use to which such data may be put. This information has been issued and approved by Alken and does not in any way constitute investment, legal, tax or other advice. Before making any investment you should read, understand and retain the relevant investment product or service documentation. If you are in any doubt about any of the information on this website, or the suitability of any investment product or service to your needs, please consult your financial or other professional adviser.
No Offer
No part of this website constitutes a solicitation to invest in Alken funds or in any other investment product. The provision of the information in this website does not constitute an offer to purchase securities to any person in the United States or to any U.S. Person as such term is defined under the Securities Act of 1933, as amended. The information contained in this site about Alken and/or any of its affiliates is not directed to any person in the United States.
No Reliance
It is the responsibility of investors to satisfy themselves that any investments made from the information in this website are suitable for them and applications should only be made by reference to the appropriate application forms and prospectus details. Any opinions offered in this website are those of Alken but are offered for informational purposes only and may change without notice at any time. They are expressly not offered as investment advice and no reliance should be placed upon them in the making of investment decisions or the buying and selling of securities of any type whatsoever.
Limitations of Liability
To the maximum extent permitted by applicable law or regulatory requirements, neither Alken nor any of its affiliates, directors, employees or other representatives shall be liable for any errors, inaccuracies or omissions on this website or for any loss or damage resulting from its use, whether caused by negligence or otherwise.
This limitation of liability includes any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of this website (whether under contract, tort, statute or otherwise arising). This limitation of liability shall apply to all damages, losses, costs, claims, liabilities and expenses of any kind whether direct or indirect and consequential, including (but without limitation) any direct, special, indirect or consequential damages arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from the website, legal costs or expenses, direct loss of profit, direct loss of anticipated savings, loss of data, indirect loss of profit, indirect loss of anticipated savings, loss of revenue, loss of business, loss of use of money, loss of opportunity or loss of or damage to property and/or any wasted expenditure and third party claims.
If for any reason any part of these Terms and Conditions is deemed to be unenforceable then the validity of the remaining terms shall not be affected. All disclaimers, terms, conditions as set out in this website shall form part of these Terms and Conditions of use of this website.
Indemnification
As a condition of your use of this website, you agree to indemnify and hold Alken harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to legal fees) arising from your use of this website, or from your violation of these Terms and Conditions.
Third Party Websites
Where this website contains links that lead to third party websites, these links are provided solely for your convenience and do not constitute any endorsement, sponsorship or approval of the materials appearing in such sites. Alken accepts no responsibility for the content of such third party websites.
Risk Factors
The funds and services of Alken have risk factors peculiar to the type of vehicles that they represent. Some, but not all, details of these risks are contained in the relevant prospectus. Potential investors should familiarize themselves with these risks. Please note the following general risk warnings:
The past performance of an investment is not a guide to future performance.
The value of investments, and the income from them, may go down as well as up and is not guaranteed so an investor may not get back the amount originally invested.
Any tax reliefs mentioned are those currently available and are subject to change.
If the funds hold securities denominated in a currency other than sterling, changes in exchange rates may affect the value of your investment.
Where charges are taken wholly or partly out of a fund's capital, distributable income will be increased at the expense of capital which will either be eroded or future growth constrained.
Copyright
The entire content of the website is subject to copyright of Alken with all rights reserved. If you download or print out a hard copy of individual pages and/or sections of the website, you may not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the website will not transfer title to any software or material to you. 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 all or any portion of the website without the prior written permission of Alken.
Law and Jurisdiction
This website is established in England by Alken in accordance with and shall be governed by, and your browsing in and use of this website shall be deemed acceptance of, the laws of England and Wales. A condition of using this website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
A condition of the use of this website is that you comply with the above Terms and Conditions. If you do not agree to accept and be bound by these Terms and Conditions you must not use this website and should exit it immediately.