Disclosures

Terms of Use

1. Introduction and Description of this Website

1.1 This website (which includes the post-login webpages) (the “Website”) is operated by Aspect Capital Limited (“Aspect”).

1.2 By using this site, you are agreeing to these terms of use (the “Terms of Use”).  Aspect may change these terms at any time without further notice to you, and you are responsible for periodically reviewing these terms for updates.  Any changes will take effect immediately upon display (or on such subsequent date as may be required by the applicable law).  Your continued use of this site constitutes agreement by you to all such changes.

1.3 This Website is for informational purposes only.  It is not intended as and should not be construed as financial, investment, tax, legal, regulatory or other advice.

1.4 None of the contents of this Website is an offer to sell or the solicitation of any offer to buy securities in any investment vehicle or account sponsored, managed and/or advised by Aspect (each an “Aspect Product”). 

2. Information on this Website 

2.1 The information displayed on this Website has been prepared for circulation to investment professionals who are or would be classified as Professional Clients or Eligible Counterparties under the FCA rules and who, if they are US residents or citizens, are or would be qualified as “Qualified Purchasers” under the US Investment Company Act 1940 and “Qualified Eligible Persons” under the US Commodity Futures Trading Commission regulations and who if they are resident in Canada are “permitted clients" within the meaning of Canadian securities legislation, and is specifically not intended for any other persons including persons who are or would be classified as Retail Clients under the UK FCA rules.  It is a confidential communication to, and solely for the use of, such persons who, as set out above, are permitted to receive it. If you are not such a person, you should not accept these Terms of Use.

2.2 This Website is not intended for any person in any jurisdiction where Aspect would become subject to licence or registration regulations of that jurisdiction, or the publication or availability of the contents is prohibited.

2.3 To the extent that the terms “quantitative”, “systematic” or “automatic” (as well as derivations of those terms or similar terms) are used in this Website to describe any Aspect Product and/or related processes, it should be noted that human discretion is involved in the development of Aspect Products and in certain circumstances, Aspect may deviate from its automated systems, for example as a result of external, unforeseen or dramatic events.

3. Investments in Aspect Products

3.1 This Website is neither an offer to sell an interest or otherwise invest in any Aspect Product.  Any such offer, if made, would be made only through the relevant prospectus, offering document, subscription document, disclosure document and/or investment management agreement for each Aspect Product (the "Offering Documents") and only in jurisdictions where, and to such persons to whom, such an offer would be lawful.

3.2 Prospective investors should carefully consider all of the risks of an Aspect Product, including the risk factors and conflicts of interest disclosures contained in the Offering Documents, before deciding to invest.  Any decision to invest in an Aspect Product should be made only on the basis of consideration of the applicable Offering Documents in relation the relevant Aspect Product.  

3.3 Any person making an investment in an Aspect Product must be able to bear the risks involved and must meet such Aspect Product's suitability requirements.  Some or all Aspect Product’s may not be suitable for certain investors.  No assurance can be given that any Aspect Product's investment objective will be achieved.

3.4 Prospective investors in any Aspect Product should inform themselves as to: (i) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile for such acquisition; (ii) any foreign exchange control requirement which they might encounter; and (iii) the income tax and other tax consequences which might be relevant, and by logging into this Website, you warrant that you have done so.

3.5 Aspect is exempt from the requirement to hold an Australian financial services licence under the Corporations Act 2001 (Cth).  Aspect is authorised and regulated under the laws of the United Kingdom which differ from Australian laws.  Aspect is not registered with any securities regulatory authority in Canada.

3.6 Certain Aspect Products are distributed in Switzerland. Hugo Fund Services SA, with registered office at 6 Cours de Rive, 1204 Geneva (www.hugofunds.ch), is the representative of such Aspect Products (the "Representative").  The paying agent in Switzerland is Swissquote Bank Limited. The distribution of shares in Aspect Products in Switzerland must exclusively be made to qualified investors.  The place of performance and jurisdiction for shares in those Aspect Products distributed in Switzerland are at the registered office of the Representative.

4. Use of this Website

In connection with your use of this Website, you agree:

(i) to comply with all applicable laws and regulatory requirements relating to your use of this Website;

(ii) that all information provided by you in connection with your use of this Website is complete and accurate;

(iii) that none of the information displayed on this Website constitutes investment, financial or legal advice and that you are not relying on it as such and will take independent professional advice as necessary before making any investment decision; and

(iv) to keep any password that may be assigned to you in order to access this Website confidential; not to share such password with, or pass such password to, any other person; and to notify Aspect if you become aware of such password being used by any other person to access this Website. Aspect may then cancel the password and assign a new password to you.

5. No Representations

No representations, warranties or other assurances (whether express or implied) are given by Aspect, its affiliates, directors or employees:

(i) as to the completeness, reliability or accuracy of any information or materials displayed on this Website;

(ii) that information displayed on this Website is or will be updated by Aspect on a regular basis or otherwise;

(iii) that you will be able to use this Website; or

(iv) that this Website, or any information that has been downloaded from this Website, will be free from viruses or defects or compatible with your computer.

6. Intellectual Property Rights

6.1 All information, graphic images, text, layout and materials displayed on this Website are the exclusive property of Aspect.  You may print, copy and download any information contained on this Website for your professional use only.  You may not use for commercial or public purposes any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, or with Aspect's prior written approval.  The intellectual property rights in the Aspect name and logo are owned by Aspect.

6.2 Except as may be provided under a separate prior agreement between the parties, your access to this Website does not grant or transfer to you any interest, right or licence in relation to such information or any patent, copyright, trade secret, trademark or other intellectual property right.  Aspect enforces and will enforce any infringements of its intellectual property rights to the fullest extent permitted by the law.

7. Limitations of Liability and Indemnity

7.1 Subject to 6.2, neither Aspect, nor its affiliates, directors or employees, shall be liable to you for any claims, liabilities, losses, costs or damages of any kind, including (i) direct, indirect, consequential, punitive, exemplary, incidental or special losses or (ii) loss of profit, loss of business, business interruption, loss of business opportunity or loss of data arising out of or in any way connected with (a) your use of or inability to access and/or use this Website, (b) the contents of this Website, or (c) the contents of any third party sites linked or linking to this Website.  The foregoing applies even if Aspect, its affiliates, directors or employees have been advised of the possibility of such claims, liabilities, losses, costs or damages or could have foreseen them.

7.2 Nothing in these Terms of Use excludes Aspect's liability for wilful misconduct, fraud, or to the extent that any such exclusion would be unlawful under applicable law.

7.3 Your sole remedy for dissatisfaction with your use of this Website is to cease using this Website.

7.4 You agree, at your own expense, to indemnify, defend and hold Aspect, its affiliates, directors, members and employees harmless from and against any claims, liabilities, losses, costs or damages of any kind (including any legal fees and costs) suffered or incurred by these parties in connection with any claim arising out of any breach of these Terms of Use by you.  You shall cooperate as fully as reasonably required or requested in the defence of any such claim.  Aspect may, at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Aspect. 

8. Third Party Sites

8.1 This Website may contain links to third party websites. These links are provided only as a convenience and when you click on any such link, you will be leaving this Website.  None of Aspect, its affiliates, directors and employees are in any way responsible for the contents of any third party websites.

8.2 Aspect’s inclusion of links to third party websites does not imply any endorsement of any kind by Aspect of such third parties, their websites or their products or services.

9. Prohibited Acts

9.1 You must not use any data mining, robots or similar data gathering or extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of this Website or any of its contents.

9.2 You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.  You must not attempt to gain unauthorised access to this Website, the server on which it is stored or any server, computer or database connected to this Website.  You must not attack this site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  Aspect will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use this Website will cease immediately. 

10. General 

10.1 A failure by Aspect to enforce a provision of these Terms of Use or act on a breach or default by you does not constitute a waiver of any of Aspect's rights or remedies.

10.2 A person who is not a party to these Terms of Use may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

10.3 These Terms of Use shall be governed by and interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

10.4 These Terms of Use constitute the entire agreement between Aspect and you with respect of your use of this Website and they supersede all prior or contemporaneous communications, agreements and understandings between Aspect and you with respect to the subject matter hereof.

Pillar 3 Disclosure and Stewardship

In the UK, Aspect Capital Limited (Aspect) has been authorised and regulated by the Financial Conduct Authority (FCA) since December 2001 under registration 188395. In order to comply with the regulations of the FCA, Aspect has prepared a Capital Requirements Directive Pillar 3 disclosure document as required by BIPRU 11. A copy of this disclosure document can be obtained here. The document also contains a statement relating to Aspect’s commitment to the UK Stewardship Code.

In the USA, Aspect has been registered as a Commodity Trading Advisor and Commodity Pool Operator with the Commodity Futures Trading Commission (CFTC) since October 1999. In addition, Aspect has been registered as an SEC Investment Advisor with the Securities and Exchange Commission (SEC) since October 2003 and has been a member of the National Futures Association (NFA) since October 1999.

In Hong Kong, Aspect Capital Asia Limited has been licensed and regulated by the Securities and Futures Commission (SFC) since June 2008.

Modern Slavery Statement

Modern slavery means offences of servitude, slavery, forced or compulsory labour and human trafficking. Aspect does not tolerate these activities in any part of its own business or its supply chain. Please read Aspect’s Modern Slavery Act Transparency Statement here. 

 

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