Terms & Conditions
Terms and Conditions and Important Information
These Terms and Conditions apply to the use of www.isam.com (the “Site”), which is maintained and operated by ISAM Funds (UK) Limited (“ISAM”).
Access to the Site is conditional on acceptance of these Terms and Conditions without change or exception. By checking the “Accept” box below, you acknowledge that you have read and understood and agree to all of these terms and conditions as a binding contract between you and ISAM and represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these terms and conditions. Please note that these Terms and Conditions may be subject to change without notice and your continued use of the Site following any changes will mean that you are deemed to have accepted such changes to these Terms and Conditions.
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The information on this website is for illustration and discussion purposes only. It is not intended to be, nor should it be construed or used as, investment, tax or legal advice, any recommendation or opinion regarding the appropriateness or suitability of any investment or strategy, or an offer to sell, or a solicitation of an offer to buy, an interest in any security, including an interest in any private fund or pool or any other private fund or pool advised by International Standard Asset Management (the “Investment Manager”) or any of its affiliates. The information on this website does not take into account the particular investment objectives, restrictions, or financial, legal or tax situation of any specific investor.
Any offer or solicitation of an investment in a fund may be made only by delivery of the fund’s offering documents to qualified investors. The information on this website is qualified in its entirety by the information contained in a fund’s confidential offering documents. Prospective investors in a fund should rely solely on the offering documents in making any investment decision. The offering documents contain important information, including, among other information, a description of the fund’s risks, investment program, fees and expenses, and should be read carefully before any investment decision is made. This material does not take into account the particular investment objectives, restrictions, or financial, legal or tax situation of any specific investor. An investment in a fund is not suitable for all investors.
In the case of distribution of shares of a fund in Switzerland, distribution must be made exclusively to qualified investors as defined below:
- FINMA regulated financial intermediary (such as a bank, securities trader, fund management company and asset manager of collective investment schemes, central bank);
- FINMA regulated insurance institution;
- Public institution, pension fund or commercial enterprise that is managing its treasury operations on a professional basis (including an independent wealth manager, family office or family trust);
- High-net-worth individual who has declared in writing that they wish to be deemed a qualified investor. In addition, the Swiss Federal Council may make such person’s suitability as a qualified investor dependent on certain conditions, specifically technical qualifications;
- An investor who has concluded a written discretionary management agreement as defined in Article 3 Paragraph 2b and c of Swiss Federal Act on Collective Investment Schemes (Collective Investment Schemes Act, CISA) of 23 June 2006 is deemed a qualified investor.
Any descriptions involving investment process, investment examples, statistical analysis, investment strategies or risk management techniques are provided for illustration purposes only, will not apply in all situations, may not be fully indicative of any present or future investments, may be changed in the discretion of the Investment Manager and are not intended to reflect performance. Portfolio characteristics and limits reflect guidelines only and are implemented, and may change, in the discretion of the Investment Manager. Investments are selected by, and will vary in the discretion of, the Investment Manager and are subject to availability and market conditions, among other factors.
No representation is made that the Investment Manager’s investment process, investment objectives, goals or risk management techniques will or are likely to be achieved or successful or that any underlying investment will make any profit or will not sustain losses. Investments in portfolios or accounts managed by the Investment Manager involve risk. The Investment Manager may engage in investment practices or trading strategies that may increase the risk of investment loss and a loss of principal may occur. The risk management techniques which may be utilized by the Investment Manager cannot provide any assurance that an investor will not be exposed to risks of significant trading losses. An investor is subject to potential loss of its investment. Past performance is not indicative of future results.
Portfolio, volatility or return targets or objectives, if any, are used solely for illustration, measurement or comparison purposes and as an aid or guideline for prospective investors to evaluate a particular investment program’s strategies, volatility and accompanying information. Such targets or objectives reflect subjective determinations by the Investment Manager based on a variety of factors including, among others, the investment strategy and prior performance (if any), volatility measures, portfolio characteristics and risk, and market conditions. Volatility and performance will fluctuate, including over short periods, and should be evaluated over the time period indicated and not over shorter periods. Performance targets or objectives should not be relied upon as an indication of actual or projected future performance. Actual volatility and returns will depend on a variety of factors including overall market conditions and the ability of the Investment Manager to implement the investment process, investment objectives and risk management. No representation is made that these targets or objectives will be achieved, in whole or on part, by any account or portfolio managed by the Investment Manager.
Any opinions, assumptions, assessments, statements or the like (collectively, “Statements”) regarding future events or which are forward-looking, including regarding portfolio characteristics and limits, constitute only subjective views, beliefs, outlooks, estimations or intentions of the Investment Manager, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond the Investment Manager’s control. Future evidence and actual results (including actual composition and investment characteristics of a portfolio) could differ materially from those set forth in, contemplated by, or underlying these Statements, which are subject to change without notice. In light of these risks and uncertainties, there can be no assurance and no representation is given that these Statements are now, or will prove to be accurate, or complete in any way. The Investment Manager undertakes no responsibility or obligation to revise or update such Statements. Statements expressed herein may not necessarily be shared by all personnel of the Investment Manager and its affiliates.
This material is as of the date indicated, is not complete and is subject to change. Certain information is based on third party sources and, although believed to be reliable, has not been independently verified. The Investment Manager is not responsible for errors or omissions from these sources. No representation is made with respect to the accuracy, completeness or timeliness of information and the Investment Manager assumes no obligation to update or otherwise revise such information.
ISAM Funds (UK) Limited is authorised and regulated by the Financial Conduct Authority in the United Kingdom. ISAM Funds (UK) Limited is registered in England with No 779166 and its registered office is at 55 Baker Street, London, W1U 8EW.
ISAM‘s funds are an unregulated collective investment scheme for the purposes of the United Kingdom Financial Services And Markets Act 2000 (“FSMA”), the promotion of which in the United Kingdom is restricted by sections 21 and 238 of FSMA. Accordingly, no fund interests may be offered or sold in the United Kingdom other than:
- by a person authorised by the Financial Conduct Authority (an “Authorised Person”) in accordance with the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes (Exemptions) Order 2001) or the Financial Conduct Authority’s Conduct of Business Rules;
- by a person other than an Authorised Person in accordance with the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005.
Most, if not all, of the protections afforded by the United Kingdom regulatory structure will not apply to investments in ISAM funds. These funds are not regulated by the Financial Conduct Authority and investors will not have the benefit of the Financial Services Compensation Scheme, the Financial Ombudsman Service or any other protections afforded by FSMA or the rules and regulations made thereunder. Past performance is not a guarantee of future results.
The contents of the Site are not intended for distribution to, or use by, any individual or entity in any jurisdiction where their distribution or use is prohibited or restricted by local law or regulation or which would subject ISAM or any ISAM fund to any registration or filing requirement within the jurisdiction. You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protections that may be available) may not apply to persons who obtain information from the internet and its various applications, of which the Site forms part.
Persons resident in territories other than the United Kingdom should consult their professional financial advisers as to whether they require any governmental or other consents or need to observe any formalities to enable them to use, or invest in any product referred to on, the Site.
Except to the extent that any applicable law or regulation provides otherwise:
- neither ISAM nor any of its directors, officers or employees make any representation or warranty, express or implied, with respect to the Site, or any portion thereof, including any warranties of title, non-infringement of copyright, trademark or patent rights of others, merchantability or fitness or suitability for any purpose;
- in no event will ISAM or any of its directors, officers, employees or agents be liable for any injury, loss, claim or damage (whether direct, indirect, consequential or incidental) arising either directly or indirectly out of, or in any way connected with, the Site, or its use, whether or not the circumstances giving rise to such cause may have been within the control or knowledge of such person.
Restrictions on use
The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by ISAM and/or third parties. You may not copy any portion of the Site, except that you may print copies of portions of the Site exclusively for your own personal use and you may discuss information that you learn from the Site with your financial, legal or tax advisers, and others with whom you share investment decisions
Law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. The English courts shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with, the Site, its use and these Terms and Conditions.