Important Legal Notice
2. Information About Us
a) The Website is operated by Smythe House Limited (the Company) and any references to “we” or “our” is a reference to the Company. The Company is registered in England and Wales under company number 07088807 and its registered and trading office is No 1 Royal Exchange Avenue, London. EC3V 3LT, UK. The VAT number is 991917178.
b) The Company is authorised and regulated by the UK Financial Conduct Authority (FCA) to provide investment advice to professional clients and eligible counterparties as defined in Rule 3.5 of the FCA’s Conduct of Business Sourcebook. Nothing in these Terms of Website Use and accompanying policies shall exclude or restrict any duty or liability which the Company has under the UK Financial Services and Markets Act 2000 or under the FCA Rules. You can find the Company on the FCA register at www.fsa.gov.uk/register. The Company’s FCA register number is 583142.
c) The Company is also registered with the Information Commissioner with number Z2033229.
3. Accessing the Website
a) Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service it provides on the Website without notice (see below). The Company will not be liable if for any reason the Website is unavailable at any time or for any period.
b) When using the Website, you must comply with the provisions of the Company’s Acceptable Use Policy.
c) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
a) From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to registered users who are “professional clients” for the purposes of FCA Rules. If you are not such a client you should not rely on the information on those parts of the Website.
b) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Each registration is for a single user only. Responsibility for the security of any passwords issued rests with you.
5. Intellectual Property Rights
a) Unless otherwise stated the Company is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b) You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website provided that:
i. you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way;
ii. you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
iii. the Company’s copyright and trademark notices and this permission notice appear in all copies and the Company’s status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged;
iv. you do not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
c) Subject to clause b) above, no part of the Website may be reproduced or stored in another website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
d) Use of extracts from the Website other than in accordance with this clause 5) for any purpose is prohibited and any rights not expressly granted in these terms are reserved.
6. Service Access
a) Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
b) While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
7. Disclaimer: Reliance on information posted
a) While the company endeavours to ensure that the information on the website is correct, the company does not warrant the accuracy and completeness of the material on the website. The company may make changes to the material on the website, or to the products and prices described in it, at any time without notice. The material on the website may be out of date, and the company makes no commitment to update such material.
b) Commentary and other materials posted on the website are intended to describe the activities of the company and are not intended to amount to advice or a recommendation on which reliance should be placed and should not be treated as a substitute for specific advice or your own due diligence. In particular, no professional, financial, securities or investment advice is offered or given by the company to persons accessing information on the website. Consequently, information or opinions contained on the website must not be used for making an investment or another business decision. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances. The company therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.
c) The material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the company provides you with the website on the basis that the company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the website.
8. Disclaimer: International
Unless otherwise specified, the materials on the website are directed solely at those persons who access the website from the United Kingdom mainland. The company makes no representation that any products and/or services referred to in the materials on the website are appropriate for use, or available in locations, outside the United Kingdom. Those who choose to access the website from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable. The company prohibits any access and/or use of the web site from territories outside the United Kingdom where the contents of the website are illegal or unlawful or where to allow such access would require any registration, filing, application for any licence or approval or other steps to be taken by the company in order to comply with local laws or other regulatory requirements in such territory.
9. Disclaimer: Liability
The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the company, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of the company’s group companies and the officers, directors, employees, shareholders or agents of any of them, hereby expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any amount or kind of direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including:
i. Loss of income or revenue;
ii. Loss of business;
iii. Loss of profits or contracts;
iv. Loss of anticipated savings;
v. Loss of data;
vi. Loss of goodwill;
vii. Wasted management or office time; and
viii. Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
c) This does not affect the company’s liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
d) If your use of material on the website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Financial Statements and Performance Information
a) To the extent that the Website contains any forward-looking statements, they will be based on the Company’s opinions, expectations and projections as at the time of writing. The Company undertakes no obligation to update or revise any forward-looking statements. Actual results may differ materially from those anticipated in any forward-looking statement.
b) The Company makes no representation, and it should not be assumed, that past investment performance is an indication of future results.
c) Unless otherwise indicated, any information contained on the Website is as of the date indicated therein and will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after such date. The posting of any material on the Website does not imply that the information contained therein is correct as of any time subsequent to the date of such material. The provision of access to the Website at any time shall not, under any circumstances, create an implication that the information contained herein is correct as of any subsequent update to the Website.
d) Certain information contained on the Website (including financial information and information relating to investments in companies) has been obtained from published and non-published sources prepared by other parties, which in certain cases have not been updated through the date hereof. While such information is believed to be reliable for the purpose used herein, the Company does not assume any responsibility for the accuracy or completeness of such information, and such information has not been independently verified by the Company.
e) Any projections or other estimates contained in the materials that are available on the Website, including estimates of returns or performance, are forward-looking statements and are based upon certain assumptions. While made in good faith, there can be no assurance that such assumptions will prove correct or will be applicable to the Company fund’s actual investments. Actual events are difficult to project and often depend upon factors that are beyond the control of the Company. To the extent that any document contained on the Website describes any historical investment returns or historical investment performance or provides any valuation of any investment, no representations are made or assurances given that such returns or performances are, or will be indicative of future investment returns or future investment performance or that realised value will equal or exceed any such valuations.
11. Personal Information
12. Uploading Material to the Website
a) Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in the Company’s Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. In particular you are prohibited from posting or transmitting to or from the Website any material:
i. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
ii. for which you have not obtained all necessary licences and/or approvals; or
iii. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
iv. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
b) The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
c) The Company has the right to remove any material or posting you make on the Website if, in the Company’s opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
e) The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause 10.
f) The Company also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
13. Viruses, Hacking and Other Offences
a) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
b) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
c) The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
14. Linking to the Website
a) You may create links to the Website provided you have first entered into our Website Linking Licence.
b) You may link to, but not replicate, the Website’s home page, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, and do so subject to the following conditions:
i. you do not establish a link from any website that is not owned by you;
ii. you do not remove, distort or otherwise alter the size or appearance of the Company logo;
iii. you do not create a frame or any other browser or border environment around the Website;
iv. you do not in any way imply that the Company is endorsing any products or services other than its own;
v. You do not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part where none exists;
vi. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
vii. you do not otherwise use any of the Company’s trademarks displayed on the Website without express written permission from the Company;
viii. the website from which you are linking complies in all respects with the content standards set out in our Acceptable Use Policy;
ix. you do not link from a website that is not owned by you; and
x. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
c) You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 12.
d) The Company expressly reserves the right to withdraw linking permission without notice.
e) If you wish to make any use of material on the Website other than that set out above, please address your request to email@example.com.
15. Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. If you use these links you leave the Website. The Company has not reviewed all of these third party websites and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website you do so entirely at your own risk.
17. UK Regulatory Warnings
a) Except where otherwise expressly stated the information on the Website has been issued and approved for the purposes of the Financial Services and markets Act 2000 by the Company which is authorised and regulated by the Financial Services authority. Information in sites linked to the Website has not been issued or approved by the Company.
b) None of the statements on the Website excludes or restricts any duty or liability that the Company has under the FCA rules or the UK Financial Services and Markets Act 2000. The investments and the services and transactions referred to on the Website may have tax consequences and it is important to bear in mind that the Company does not provide tax advice. The levels and basses of taxation can change. Investors should consult their own tax advisers in order to understand any applicable tax consequence.
c) Funds managed/operated by the Company are not available to the general public.
d) Foreign-currency-based investments are subject to fluctuations in exchange rates which may have an adverse effect on the value, price or income of any investment.
e) The price and value of any investments and the income, if any, from them can fluctuate and may fall against the investor’s interest. An investor may get back less than the amount invested. Information on past performance, where given, is not necessarily a guide to future performance.
f) Most of the investments are not regarded by the UK regulators as “readily realisable investments” because they are unquoted or because, though they are traded on an exchange, that exchange, like many non-UK exchanges, is not treated by the UK regulators as a recognised or designated investment exchange. There may be no UK recognised market for such investments and therefore it may be difficult for an investor to sell the investments or to obtain reliable information as to their value or the extent of the risks to which they are exposed. Similarly, there may be less than three market makers in relation to other investments traded on a recognised or designated investment exchange and referred to on the Website.
g) The Company may at any time have a position or holding in the investments or a related investment, and may have provided within the previous 12 months, or be currently providing, significant advice or investment services in relation to the investment concerned or a related investment. The Company may, to the extent permitted under applicable law, have acted upon or used the information in the Website prior to, or immediately following, its publication.
18. Jurisdiction and Applicable Law
a) The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
19. Your Concerns
If you have any concerns about material which appears on the website, please contact: firstname.lastname@example.org
Thank you for visiting the Website.
Issue date 20 October 2020