Important Legal Information

TERMS AND CONDITIONS – IMPORTANT LEGAL INFORMATION

By accessing ‘www.baronsmeadvcts.co.uk’ (the “Website”), you agree to be bound by the following Terms and Conditions of Use (the “Terms”). Before using the Website, you should read carefully the Terms and also our Online Privacy and Cookies Policy, which explains how we collect, use and disclose personal information about you when you visit the Website and when you contact us, and provides information about the use of cookies in the Website, which is relevant to your online security. Our Online Privacy and Cookies Policy also applies to your use of the Website. By using the Website, you confirm that you understand and accept our Online Privacy and Cookies Policy.

The Website is operated by Gresham House Asset Management Limited (“GHAM”). GHAM is a private limited company registered in England and Wales under company number 09447087 and has its registered office at 5 New Street Square, London, United Kingdom, EC4A 3TW. GHAM’s main trading address is at Octagon Point, 5 Cheapside, London, United Kingdom, EC2V 6AA. GHAM is authorised and regulated by the Financial Conduct Authority (“FCA”) (reference number 682776). Further details on GHAM are available on the FCA Register at www.fca.gov.uk.

You can contact GHAM by email at baronsmeadvcts@greshamhouse.com or by telephone on +4402038376270.

In the Terms:

•           “you”, “your” and “yours” means you, the person(s) accessing the Website and the party on whose behalf you are doing so;

•           “Gresham House Group” means Gresham House Plc, its subsidiaries and associated companies from time to time;

•           “we”, “us”, and “our” means GHAM.

1. THE TERMS

Please note that the Terms and our Online Privacy and Cookies Policy will apply to any subsequent access to the Website by you. We recommend that you print a copy of the Terms and of our Online Privacy and Cookies Policy for future reference.

If you are unsure about the meaning of any information provided in the Website, then please consult your financial or other professional adviser.

The Website is directed to people residing in the United Kingdom. Use by any person in any other country other than the United Kingdom would be subject to the relevant local law or regulation and we do not guarantee that the Website is compliant with such local laws and regulations. Those who access the Website do so on their own initiative and are therefore responsible for compliance with applicable local laws and regulations.

We may, at any time, and at our sole discretion, modify the Terms without giving notice to you. Any such modification to the Terms will be effective immediately upon public posting. You agree to review the Terms and any other applicable terms and conditions regularly and that your continued use of the Website following any such modifications constitutes your acceptance of the modified Terms and other applicable terms and conditions.

The Terms were most recently updated on 19 February 2018.

2. INTELLECTUAL PROPERTY RIGHTS AND YOUR USE OF THE WEBSITE

The Website and all the pages, screens, information and materials included in or accessible through the Website are protected by intellectual property rights, including but not limited to copyright, design rights, and trademarks, and either belong to us or are licensed to us to use. All such rights are reserved

You may print, copy, download or temporarily store extracts from this Website for your personal use. You must not alter any extract contained on or obtained from this Website in any form. Any other use is prohibited unless you first get our written permission. Without limiting the above, unless you first get our written consent, you may not copy, redistribute, reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit any of the pages, screens, information and materials included in or accessible through this Website.

You shall not use the Website or permit others to use this Website:

•           in any way (including via electronic means) and for any purpose which is unlawful, defamatory or libellous, offensive, abusive, indecent, menacing or threatening or in any way that infringes any intellectual property rights or breaches any obligations of confidence;

•           to cause annoyance, inconvenience or needless anxiety to any other person or in any other way which is in violation of any applicable law or regulation in any jurisdiction in the world; or

•           to disrupt or impair the Website or any communication service.

You must not:

•           misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

•           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; or

•           attack the Website via a denial-of-service attack or a distributed denial-of service attack.

•          

3. LIMITATION OF LIABILITY AND LEGAL DISCLAIMER

The views expressed on the Website do not necessarily reflect our views, or the views of any member of the Gresham House Group or of the Gresham House Group as a whole and the Website is not intended to constitute, and should not be construed as, investment advice, an investment recommendation or investment research. All information contained on the Website has been provided to you for information purposes only. The information contained on the Website is published in good faith but no representation or warranty, express or implied, is made by us, any member of the Gresham House Group, or by any other person as to its accuracy, completeness, being up to date, and fitness for a particular purpose and it should not be relied on as such. We and any member of the Gresham House Group shall have no liability, save for any liability that we and any member of the Gresham House Group may have under the UK Financial Services and Markets Act 2000 (or the name of any replacement legislation if the legislation permits such a statement to be made), for any loss or damage arising out of the use or reliance on the information provided in the Website including without limitation, any loss of profit, business, opportunity, or any other damage, direct, indirect, special, incidental or consequential. No information on the Website constitutes investment, tax, legal or any other advice.

Certain information contained on the Website may from time to time include information that relates to specified investments or regulated activity (“Regulated Information”). Where appropriate, such Regulated Information may be approved as a financial promotion by GHAM. Access to, and reliance on, such Regulated Information is subject to the terms and statements regarding risk contained therein. Unless explicitly stated to the contrary, no information on the Website is intended as, or should be taken to be, an offer or solicitation with respect to the purchase or sale of any security, interest, or other financial instruments in any jurisdiction nor shall it or any part of it form the basis of, or be relied on in connection with, any contract or commitment whatsoever, except for the Terms which govern the relationship between you and us in relation to your use of the Website.

The products and services (together the “Products”) described in the Website can be marketed in certain jurisdictions only. It is your responsibility to be aware of the applicable laws and regulations of your country of residence. In particular, some Regulated Information may relate to Alternative Investment Funds within the meaning of the Alternative Investment Fund Managers Directive and the availability of such information will be subject to the registration of the Alternative Investment Fund in relevant jurisdictions as described in the documents relating thereto.

The information shown on the Website is not intended for US citizens, US nationals, or those US persons such as defined by “Regulation S” of the Securities and Exchange Commission under the Security Act of 1933.

Applications to invest in any fund referred to on the Website, must only be made on the basis of the offer document relating to the specific investment (e.g. prospectus, information memorandum or other applicable terms and conditions). Prospective investors are reminded that the actual performance realised will depend on numerous factors and circumstances some of which will be specific to the investor. Prospective investors should seek their own independent financial, tax, legal and other professional advice before making a decision to invest.

As a result of money laundering regulations, additional documentation for identification purposes may be required when you make your investment.

If you are unsure about the meaning of any information provided in the Website, please consult your financial or other professional adviser.

In addition to any other risk factors contained within Regulated Information available on the Website, investors should note that investments referred to on the Website place investors’ capital at risk and could result in a total loss of capital.

Past performance is no guarantee of future performance.

The value of investments and the income from them may go down as well as up and are not guaranteed.

You may not get back the amount you invested.

Any favourable tax treatment of a product (including but not limited to ISAs) is subject to government legislation and as such may not be maintained.

The levels and bases of, and reliefs from, taxation changed in the last budget and may change in the future.

Rates of exchange may cause the value of investments to go up or down.

Fluctuation may be particularly marked in the case of a higher volatility fund and the value of an investment may fall suddenly and substantially.

Companies within the Gresham House Group which do not carry out investment business in the UK are not subject to the provisions of the UK Financial Services and Markets Act 2000. Accordingly, investors entering into investment agreements with such companies will not have the protection afforded by that Act or the rules and regulations made under it, including the UK’s Financial Services Compensation Scheme.

To the greatest extent permitted by law, GHAM and the members of the Gresham House Group and their affiliates, agents, service providers and professional advisers assume no liability or responsibility and owe no duty of care for any consequences of any person acting or refraining to act in reliance on the information or documents contained on the Website or for any decision based on it.

We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. We do not represent nor guarantee that the Website, or any page, screen, information or material included in or accessible through the Website, will always be available or be uninterrupted or that there will be no delays, failures, errors, or omissions or loss of information as this Website is transmitted to you. Under no circumstances, will we or any member of the Gresham House Group or any other person be liable for any loss or damage caused by the incompatibility of this Website with all or any hardware and software which you may use and/or for the unavailability, malfunction or interruption of the Website.

We do not guarantee that the Website will be secure or free from bugs, viruses, or any other malicious software. You are responsible for configuring your information technology, systems, computer programmes and platform to access the Website and for undertaking reasonable and appropriate precautions against any computer virus or other destructive materials or elements. Under no circumstances, will we or any member of the Gresham House Group or any other person be liable for any corruption of data that may occur as the result of technical problems (e.g. transmission errors, technical failures, breakdowns, intervention of third parties, etc.) and/or for any damage or loss relating to software or hardware that is the result of any virus, defect or malfunction in relation to access or use of the Website.

Certain economic and market information contained in the Website has been obtained from published sources prepared by third parties and in certain cases has not been updated to the date hereof. While such sources are believed to be reliable, neither we nor any member of the Gresham House Group or any other person assumes any responsibility for the accuracy, fitness for a particular purpose or completeness of such information.

4. THIRD PARTY SITES

The Website may contain internet addresses, links and/or hyperlinks to other locations on the internet, which are not owned, operated or monitored by us. Such internet addresses, links and/or hyperlinks to websites or pages of third parties (“Third Party Sites”) are for your convenience and following such internet addresses, links and/or hyperlinks to Third Party Sites shall be at your own risk. Neither we nor any member of the Gresham House Group accept any responsibility or liability for enabling you to link to Third Party Sites, for the contents of any such Third Party Sites, for the security of any such Third Party Sites, or for any consequence of your acting upon the contents of any such Third Party Sites. The inclusion in the Website of internet addresses, links and/or hyperlinks to Third Party Sites should not be interpreted as approval, endorsement, or responsibility for appropriateness by us of those Third Party Sites, or of the information you may obtain therefrom. It is your responsibility to check the terms and conditions and privacy policies and any other terms or conditions which are applicable to Third Party Sites.

5. LINKING TO OUR SITE

Neither you nor any other party may, without our prior written permission, use any part of the Website on any other website or link any other website to any part of the Website. We are not responsible for the set up of any link from a third party website to the Website.

6. CONNECTED INTERESTS

The members of the Gresham House Group and their affiliates and/or their officers, directors and employees may have a position or interest in any investment or service mentioned in the Website.

7. TRANSMISSION OF INFORMATION AND DATA PROTECTION

Your attention is drawn to the fact that information transmitted via the internet is susceptible to monitoring and interception. You will bear all risk of transmitting information in this manner. Neither we nor any member of the Gresham House Group shall be liable for any loss, harm or damage suffered by you as a result of transmitting information to us. We reserve the right to request independent verification of any information transmitted via e-mail.

Please note that there is no guarantee that any electronic communication sent will be received by us, or that the contents of any such electronic communication will remain private or unaltered during transmission. Neither we nor any member of the Gresham House Group shall be liable for any damages you or others may suffer as a result of the alteration or loss of confidentiality of such information.

All information submitted to us via the Website shall remain the property of the relevant company or other user of the Website who supplied it. However, nothing shall prevent us from using, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We are not subject to any obligations of confidentiality regarding submitted information except as agreed between you and us in writing. However, any submission by you of any personal information shall be used by us only in accordance with the terms set out in our Online Privacy and Cookie Policy.

8. GENERAL

We may appoint agents, subcontractors and third parties selected by us on any terms we think appropriate to carry out any of our obligations under the Terms.

You are not permitted to assign or sub-contract your rights under the Terms to any other person.

The Terms are applicable to you and if applicable, your company or partnership. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

If any part of the Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

The Terms only extend to the Website and do not, therefore, extend to your use of any website not connected to which you may link by using the internet addresses, links, and hypertext links within this Website.

The pages, screens, information and materials included in or accessible through the Website may be wholly or partially suspended, withdrawn, or changed at any time without notice to you.

We reserve the right at any time to immediately suspend the provision of all or any part of the Website to you and/or block your access to the Website.

9. ACCESS TO INFORMATION

VCTs are listed companies and no price sensitive information can be made available unless made available to all shareholders.

10. CHILDREN

The Website is not intended to be used by minors.

11. NO WAIVER

Failure by us or any of the members of the Gresham House Group to exercise or enforce any right conferred by the Terms or otherwise shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

12. GOVERNING LAW AND VENUE

The Terms are governed by and are to be interpreted in accordance with the laws of England and Wales. The courts in England and Wales will have exclusive jurisdiction in respect of any claim, dispute or difference which may arise out of or in connection with the Terms.

13. YOUR QUERIES

If you have any queries regarding these Terms, then email us at baronsmeadvcts@greshamhouse.com. Alternatively, you can write to us at Octagon Point, 5 Cheapside, London EC2V 6AA.