It is important that you read this page. Arabesque Asset Management Ltd, together with its subsidiaries and affiliated companies, as appropriate (“Arabesque”), takes its legal and fiduciary responsibilities very seriously. The use of www.arabesque.com (this “Website”) is subject to the following terms and conditions (the “Terms”). After you have read and understood these Terms, you may click “I Agree” at the bottom of the Disclaimer to confirm that you agree to the Terms which create a binding legal agreement between us.
If you do not agree with these Terms, you must refrain from using this Website.
In these Terms, references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website.
Important Information about Access to this Website
This Website and the information on it is communicated from the United Kingdom by Arabesque Asset Management Ltd, which is authorized and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”). It is not directed at, or made available to, Retail Clients.
This Website (and the information on it) is directed only at persons who are Professional Clients or Eligible Counterparties for the purposes of the Markets in Financial Instruments Directive (Directive 2004/39/EC) (“MiFID”) or as otherwise defined under applicable local regulations and at whom this Website (and any information on it) may lawfully be directed in any relevant jurisdiction. The definitions of Professional Client and Eligible Counterparty as set out in MiFID can be found here. Please contact Arabesque if you require any further information on your status.
If you are not a Professional Client or an Eligible Counterparty please click here.
- About this Website: This Website is owned, maintained, operated, and communicated by Arabesque Asset Management Ltd, which is authorized and regulated in the United Kingdom by the FCA. Arabesque’s registered office is at 68 Brook Street, London, W1K 5DZ, United Kingdom.
This Website, and the information on it, are provided for information purposes only, and do not constitute an invitation, offer, or solicitation to engage in any investment activity including to buy or sell any investment including any units in the Funds. This Website, and the information on it, constitutes a marketing communication for the purposes of Directive 2009/65/EC of the European Parliament and of the Council on the Coordination of Laws, Regulations and Administrative Provisions relating to Undertakings for Collective Investment in Transferable Securities (the “UCITS Directive”).
This Website contains information about investment funds which are offered by Arabesque (the “Funds”) and which are registered, or have otherwise been notified, for public distribution and marketing in certain jurisdictions. Please note that the fact of such registration does not mean that any regulator has determined that such Funds are suitable for all or any investors. The Funds referred to on this Website may not be suitable investments for you and you should therefore seek professional investment advice before making a decision to invest in any of the Funds.
A Prospectus and Key Investor Information Document (“KIID”) for each of the Funds is available on request from Arabesque.
- Restrictions on U.S. Persons: Access to Arabesque’s site is restricted to Non-U.S. Persons outside the United States of America within the meaning of Regulation S under the U.S. Securities Act of 1933, as amended (the “Securities Act”). As defined in the Securities Act, the term “U.S Person” means: (1) any natural person resident in the United States; (2) any partnership or corporation organized or incorporated under the laws of the United States; (3) any estate of which any executor or administrator is a U.S. person; (4) any trust of which any trustee is a U.S. person; (5) any agency or branch of a foreign entity located in the United States; (6) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person; (7) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and (8) any partnership or corporation if: (A) organized or incorporated under the laws of any foreign jurisdiction; and (B) formed by a U.S. person principally for the purpose of investing in securities not registered under the Securities Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in Rule 501(a)) who are not natural persons, estates or trusts.
Each person accessing http://www.arabesque.com, by so doing, acknowledges that it is not a U.S. Person (within the meaning of Regulation S under the Securities Act) and is located outside the United States (within the meaning of Regulation S under the Securities Act).
- Selling Restrictions: The distribution of the information on this Website may be restricted by law in certain countries. This Website, and the information and documentation on it, are not addressed to any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. The Funds are not available, and offering materials relating to them will not be distributed, to any person resident in any country where such distribution would be contrary to local law or regulation.
Arabesque and its affiliates disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation in the country of which you are a citizen or in which you are residing or domiciled. If your country of residence or domicile changes, you must access this Website selecting your new country of residence. Please note, however, that this may impact your ability to access information about certain Funds.
- No Advice: The information on this Website is provided for information only and does not constitute, and should not be construed as, investment advice or a recommendation to buy, sell or otherwise transact in any investment including the Funds.
The information on this Website is provided solely on the basis that you will make your own investment decisions and Arabesque has not taken any account of your particular investment objectives or financial situation in preparing the information on this Website. In addition, nothing in this Website shall, or is intended to, constitute financial, legal, accounting, or tax advice. We strongly recommend that you seek professional investment advice before making any investment decision. Any investment decision that you make should be based on an assessment of the risks in consultation with your investment adviser.
Arabesque neither provides investment advice to, nor receives and transmits orders from, investors in the Funds, nor does it carry on any other activities with or for such investors that constitute “Regulated Activities” for the purposes of the FCA Rules or “investment services” or “ancillary services” for the purposes of the MiFID.
- Price Information: All prices provided on this Website are indicative only. Such prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell an interest in a particular Fund. Arabesque accepts no responsibility for updating such price information.
- Risk Warnings: Any investment involves substantial risks. Further information about the types of risks associated with investment in the Funds referred to on this Website can be found alongside the information on those Funds. The offering documents for each Fund also contain risk warnings which are specific to the relevant Fund and which you should consider carefully before taking any decision to invest.
- Offering Documents: The terms of any investment in a Fund are governed by the documents establishing such terms. In the event of any inconsistency between the information on this Website and the terms specified in, or established pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail. An application for interests in any of the Funds should only be made having fully and carefully read the relevant prospectus, the latest financial reports, and other offering documents for the relevant Fund which are available on this Website.
- Information on this Website: Arabesque has taken reasonable care to ensure that the information contained on this Website is accurate, current, complete, fit for its intended purpose, and compliant with relevant United Kingdom legislation and regulations as at the date of issue. However, errors or omissions may occur due to circumstances beyond Arabesque’s control, and no warranty is given, or representation made, regarding the accuracy, validity, or completeness of the information on this Website, and no liability is accepted by such persons for the accuracy or completeness of such information. You must conduct your own due diligence and investigations rather than relying on any of the information in this Website. Any person who acts upon, or changes his or her investment position in reliance on, the information contained on this Website, does so entirely at his or her own risk.
Information posted on this Website is current only as at the date it is posted, and may no longer be true or complete when viewed by you. Arabesque cannot guarantee that content will be accurate, complete, and current at all times. To the extent that any information on this Website relates to a third party, such information has been provided by that third party, and is the sole responsibility of such third party, and Arabesque accepts no liability for such information. All content on the Website is subject to modification from time to time without notice. Please contact Arabesque (using the details at paragraph 23 below) for further information regarding the validity of any information contained on this Website.
To the extent that this Website contains any expression of opinion or forecast, such opinion or forecast is based on sources believed by Arabesque to be reliable, but is not guaranteed or warranted as to its current validity, accuracy, or completeness. Opinions expressed represent the opinions of Arabesque at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), are subject to change, and should not be relied on by users of the Website.
- Material Interests: Arabesque, its affiliates, and its or their directors, officers, employees, or agents may have holdings in the Funds and/or underlying investments of the Funds, and may otherwise be interested in transactions in those Funds. Further details about the policies that Arabesque has adopted in order to avoid or to manage such conflicts in a way that ensures fair treatment for Arabesque’s clients are available from Arabesque on request.
- Linked Websites: Links to websites operated by third parties are provided for information only, and do not constitute any form of advice, endorsement, or recommendation of such websites, or the material on them. Arabesque accepts no responsibility for information contained on any other sites which can be accessed by hypertext link from this Website, or for these sites not being available at all times. Arabesque has not reviewed, and will not review or update, such websites or information, and any use that you make of such websites and information is at your own risk. Please note that when you click on any external site hypertext link you will leave this Website.
- Liability: No warranty is given that the contents of this Website are compatible with all computer systems or browsers, or that this Website shall be available on an uninterrupted basis. Arabesque does not accept any liability for any damages or losses arising from changes or alterations made to this Website by unauthorized third parties.
The internet is not a completely reliable transmission medium, and neither Arabesque nor any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from Arabesque or any of its affiliates. Any such transmission of information is entirely at your own risk, and any material downloaded from this Website is downloaded at your own risk.
The information on this Website is provided “as is”. To the extent permitted by law, Arabesque, its affiliates, and its and their directors, officers, employees, and agents expressly exclude all conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity. Arabesque and its affiliates will only be liable to you in respect of any direct losses arising from your use of, or inability to use, this Website in the event of Arabesque’s gross negligence, wilful default, or fraud. In no event will Arabesque or any of its affiliates be liable to any person for any indirect, special, or consequential damages arising out of any use of, or inability to use, this Website or the information contained on it, or on any other hyper-linked site including, without limitation, any lost profits, business interruption, loss of programs, or data on your equipment or otherwise, even if Arabesque is expressly advised of the possibility or likelihood of such damages. This does not affect Arabesque’s liability for any loss or damage which cannot be excluded or limited under applicable law.
Nothing in these Terms is intended to exclude or restrict any duty or liability that Arabesque has to its clients under the “regulatory system” in the United Kingdom (as such term is defined in the FCA Rules), under applicable local regulatory rules, or which may not be excluded or restricted as a matter of applicable law.
- Access: Arabesque reserves the right to suspend or withdraw access to any page(s) included on this Website without notice at any time, and accepts no liability if, for any reason, these pages are unavailable at any time or for any period.
- Compliance with Law and Regulation: When using this Website you must comply with all applicable local, national, and international laws including those related to data privacy, international communications, and exportation of technical or personal data. It may be illegal to download the information contained on this Website in certain countries, and Arabesque, its affiliates, and its and their directors, officers, employees, and agents disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.
- Intellectual Property: The entire contents of this Website are subject to copyright with all rights reserved. You may download or print individual sections of this Website for your personal use and information only, provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, or use for any public or commercial purpose, this Website, without the prior written permission of Arabesque. You must not transmit any virus, “worm”, “Trojan horse”, or other item of a destructive nature to this Website, and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items.
Nothing on this Website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies. All trademarks, service marks, company names, or logos are the property of their respective holders. The display of any trade names or trademarks on the Website does not imply that any licence has been granted to any third party in respect of the same. Any use by you of these marks, names, and/or logos may constitute an infringement of the holders’ rights.
- The Internet: Please note that there is no guarantee that any e-mail sent by you will be received by us, or that the contents of any such e-mail will remain private during internet transmission. Any information is sent at your own personal risk.
- Amendment: Arabesque may delete or make changes to these Terms and to the information contained on this Website at any time. Where we make any changes to these Terms, you will be required to accept such changes in order to continue to use the Website. If you do not accept such revised Terms, you may no longer be able to access this Website.
If any provision of these Terms is found by any court or authority of competent jurisdiction to be illegal, void, or invalid under the laws of any jurisdiction, the legality, validity, or enforceability of the remainder of these Terms in that jurisdiction shall not be affected, and the legality, validity, and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
- Third Parties: Arabesque’s affiliates shall have the benefit of the rights conferred on them by these Terms, but otherwise no person who is not a party to these Terms may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
- Shari`ah: It should be noted that differences exist among Islamic scholars and advisers as to the nature of Shari’ah compliance, and no assurance is given that other Islamic scholars or advisers would determine a particular Islamic product is Shari’ah-compliant. Arabesque makes no representation or warranty, express or implied, with respect to the justness, accuracy, reasonableness, or completeness of any such determination. You should therefore not rely on any Islamic fatwa referred to on the Website (if any), and should obtain your own independent Shari’ah advice and approval as to any Islamic financial product mentioned on the Website.
- Applicable Law: These Terms and any non-contractual obligations arising from, or connected with, them shall be governed by, and these Terms shall be construed in accordance with, the laws of England and Wales.
- Jurisdiction: You agree that the English courts shall have exclusive jurisdiction in relation to any legal action or proceedings arising out of, or in connection with, these Terms (whether arising out of, or in connection with, contractual or non-contractual obligations) (“Proceedings”) and waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that Proceedings have been brought in an inappropriate forum. You further agree that this paragraph operates for the benefit of Arabesque and accordingly Arabesque shall be entitled to take Proceedings in any other court or courts having jurisdiction.
- About Arabesque: Arabesque is registered in England with registration number 08636689 and it has its registered office is at 68 Brook Street, London, W1K 5DZ.
Arabesque is entered in the FCA Financial Services (Register Number 610729), access to which can be gained here.
- Contact Us: If you have any enquiries in relation to this Website or the information on it, please contact Arabesque at firstname.lastname@example.org or by calling +44 203 427 3670.