This is a legal agreement between you and Fulcrum Asset Management LLP (“Fulcrum”), an English limited liability partnership (registered number OC306401) which is authorised and regulated by the UK Financial Services Authority (the “FSA”). Most, if not all, of the protections provided by the United Kingdom regulatory system will not apply to investments in the products detailed within this website (the “Website”).
You should read this agreement carefully. By clicking on “I accept”, you confirm your understanding of, and agreement to be bound by, all of the terms of this agreement. If you do not understand, or agree to be bound by, any term of this agreement, you should not click on “I accept”. You will only be able to use this Website if you click on “I accept”.
These terms may be amended without notice to you. Your continued use of the Website following any changes will mean that you accept such changes.
Access to the Website
Access to the Website from certain countries may be restricted by law and you are required to determine that you are permitted to access it.
The information within the Website is issued by Fulcrum to sophisticated investors who are professional clients or eligible counterparties under the rules of the FSA and, if a resident or citizen of the United States, a person who is an “Accredited Investor” as defined in Regulation D promulgated under the U.S. Securities Act of 1933 as amended. The information within this site is unsuitable for any other party, who should exit the Website immediately. If you are unsure as to whether or not you qualify, please contact Fulcrum.
You confirm your understanding that the confirmations above are legally binding, and that Fulcrum will rely on such confirmations.
The research, facts, data, statistics, and other information provided on the Website (the “Information”) are for informational purpose only. You confirm your understanding that Fulcrum does not intend the Information to constitute or be interpreted as investment advice, an offer to buy or sell shares, an invitation to make an offer to buy or sell shares, or any other “regulated activity”, as defined in the UK Financial Services and Markets Act 2000. You confirm that you are not located in, or a citizen of, any jurisdiction under the laws of which it is illegal or unlawful to access the Information, and Fulcrum disclaims all responsibility if you access the information in contravention of any applicable law or regulation. You agree that you will not rely on the Information and will not make any investment decision on the basis of the Information. You confirm that, should you have any queries with regards to the Information, you will consult with your professional advisors.
Although the Information has been obtained from, or is based on, sources believed by Fulcrum to be reliable, you agree that Fulcrum provides no representation or guarantee as to the accuracy or completeness of the Information. The Information is current only as at the date it is first posted and may no longer be true or complete when viewed by you. The Information may be changed or amended without prior notice although Fulcrum does not undertake to update the Website regularly. Certain of the Information contains “forward-looking statements”, which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, or “believe” or the negatives thereof or other variations thereon or comparable terminology. You confirm your understanding that, due to various risks and uncertainties, actual events may differ materially from those reflected or contemplated in the Information. You confirm your understanding that, should you take any action based upon the Information, or rely on the Information, you do so entirely at your own risk.
Certain Information relates to funds managed by Fulcrum (the Funds”) which may be UCITS funds or unregulated collective investment schemes. You confirm your understanding that such Information is a summary only of the terms, regulatory and tax positions, and/or other information applicable to each Fund, and is qualified in its entirety by the relevant Fund’s offering document. A subscription to invest in any Fund should only be made having fully read such offering document.
There are significant risks associated with investment in the Funds outlined in the Website. Investment is intended for sophisticated investors who can accept the risks associated with such an investment including a substantial or complete loss of their investment and who have no need for immediate liquidity in their investment. [Investments will be subject to strict limitations on transferability and withdrawal. There will be no secondary or public market.] The value of investments and any income derived from them can go down as well as up and the value of an investor's investment may be subject to sudden and substantial falls. The loss on realisation may be very high and could result in a substantial or complete loss of investment. Most if not all of the protections provided by the United Kingdom regulatory structure will not apply to the Funds. Some investment positions may be illiquid and investment may be made in non-publicly traded securities. The foregoing list of risk factors is not complete and reference should be made to the relevant Fund’s offering document. An investment may only be made after receiving and reviewing the offering document and the risk factors contained therein. You should rely only on the offering document in making any decision to invest. If you are considering investing in a Fund, you should first consult with your professional advisors.
All intellectual property, including, without limitation, any copyright, trademarks, database rights and patents contained in the Information and otherwise on the Website are owned by Fulcrum, its licensors or relevant third party providers. You are permitted to use the Information, and reproduce it in hard copy, for your personal reference only. Neither the Information nor any other part of the Website may otherwise be reproduced, distributed, stored or transmitted without Fulcrum’s written consent. Nothing on the Website should be considered as granting any licence or right under any trademark of Fulcrum or any third party.
Third Party Websites
The Website may contain links to other websites or information provided by third parties. When you access any third party website, you do so at your own risk and Fulcrum does not endorse the contents of any such website, nor provide any representation or warranty as to its accuracy or completeness.
Limitation of Liability and Indemnity
To the fullest extent permitted by law, none of Fulcrum, its members, officers, employees, affiliates, agents or licensors (collectively, the “Indemnified Parties”) shall be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation loss of profit, business opportunity, loss of goodwill, anticipated savings or data) (collectively, “Loss”) caused, directly or indirectly, by your use of the Website. In particular, but without limitation, none of the Indemnified Parties shall be liable for any Loss arising from: (a) your inability to use the Website at any time or any error in the provision of the Website; (b) unauthorised access to or alteration of the Website or the Information; (c) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Website; (d) all third party services outside Fulcrum’s reasonable control, whether such services are used by you to access the Website or otherwise; (e) your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Website; or (f) any inaccurate information, material or opinions published on the Website (or accessed via the Website) or your reliance thereon.