Arle Capital

TERMS AND CONDITIONS


Information on this website
Thank you for visiting www.arle.com (the "Website"), the website of Arle Capital Partners Limited, a company registered in England and Wales at 20 Old Bailey, London EC4M 7LN with company number 1517104 and VAT number 108 2447 31 ("Arle"). In respect of its activities on, in or from the United Kingdom, Arle is authorised and regulated by the Financial Services Authority, with number 142840 on the Financial Services Authority register.  Arle is a member of the Arle group of companies (the "Arle Group").

All references to Arle in these terms of use include Arles' officers, employees, consultants, authorised agents and sub-contractors.  "Our", "we" and "us" means Arle; "you" and "your" includes, where applicable, any person who you permit to use your registration identification.  "Includes" means includes or including without limitation.

The information on this website is owned by or licensed to Arle.

This Website enables you to find out more about our business, review our investment processes, find out more about the people who manage our investments and view performance information and market commentary.

Should you need to contact us, please email us at info@arle.com or send a letter to 20 Old Bailey, London EC4M 7LN.

Terms and conditions
The following information applies to every page on this Website, whether or not such pages individually contain a disclaimer notification.  All disclaimers, terms and conditions as set out in this Website shall form part of these terms of use.

Arle makes this Website available to you subject to these terms of use.  By entering this Website you accept these terms of use, which results in the creation of a binding contract between us and you, and you confirm that you are eligible to read the documents on this Website.  If you do not accept these terms of use and do not intend to be bound by them you must not use this Website.

Arle may restrict access to some parts of this Website or the entire Website to users who have registered with us.

These terms of use may be changed from time to time.  Your continued access and use of the Website will mean that you agree to be bound by the most current version of the terms of use.

These terms of use were last updated on 15 June 2011.

Information not distribution/no offer or solicitation
IMPORTANT NOTICE : This Website is directed only at persons who (i) are outside the European Economic Area or (ii) are investment professionals, falling within Article 19(5)(a) to (e) of The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 ("FPO"), who have professional experience in matters relating to investments; (iii) are high net worth organisations falling within Article 49(2)(a) to (d) of the FPO; or (iv) are persons to whom it may otherwise lawfully be communicated (all such persons together being referred to as "exempt persons").  This Website must not be acted upon or relied on by persons who are not exempt persons.  Any investment or investment activity to which this Website relates is available only to exempt persons and will be engaged in only with exempt persons.

The content of this Website is provided for information purposes only and does not constitute an offer to buy or sell, or amount to a solicitation or incitement of offer to buy or sell, any securities in any investment or fund with which Arle is associated in any jurisdiction in which such distribution or offers is not authorised to any person: it does not constitute financial, legal, accounting or tax advice to any user and should not be relied upon as such.

No investment advice is offered or given by Arle nor any member of the Arle Group to persons accessing information on this Website; consequently, we recommend that prospective investors should seek appropriate advice from their own professional advisers before making any investment decision.

In particular, persons interested in making any investment in our funds should inform themselves as to:

(i)  the legal requirements within the countries of the nationality, residence or domicile for such acquisition;

(ii) any foreign exchange control requirement which they might encounter on the acquisition or sales of investments, and

(iii) the income tax and other tax consequences which might be relevant to the acquisition, holding or disposal of any investment.

Subscription for shares or units in any of the funds detailed in this Website may only be made on the terms of the relevant prospectus.

The distribution of the information contained on this Website in certain other jurisdictions may be restricted by law and, accordingly, persons who access it are required to inform themselves of and to comply with any such restrictions. You should proceed into this Website only if you have satisfied yourself that the country in which you are based imposes no prohibitions or restrictions on the distribution of the promotional material on this Website.

The download or distribution of the information contained in this Website may be restricted by law and persons who access it are required to inform themselves and comply with any such restrictions. 

Information posted on this Website is current only as at the date it is first posted, it may not be true or complete when viewed by you.  Arle is providing the Website on an "as is, as available" basis.  Neither we nor our officers, employees, consultants, authorised agents and sub-contractors represent or warrant   that the content of our Website is up to date, accurate, reliable, complete, timely, uninterrupted, secure, that the Website operates without error or that it will be free from viruses or other harmful elements or suitable for your required purposes, whether or not you have previously told us what that purpose is.  

No warranty as to information included within website
TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE WE SPECIFICALLY DISCLAIM ALL WARRANTIES (INCLUDING WARRANTIES WITH RESPECT TO AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS) WITH RESPECT TO OUR WEBSITE AND ANY CONTENT, FUNCTIONALITY, SERVICES OFFERED, SUPPLIED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH OUR WEBSITE (WHETHER OR NOT BY US OR A THIRD PARTY).

Views/commentary
Views and opinions expressed in this Website cannot be taken as fact.  The commentary provided by Arle is based on currently available information and on certain assumptions which may be subject to change without notice. 

Limitation of liability
This paragraph sets out our entire liability (including any liability for the acts and omissions of our officers, employees, consultants, authorised agents and sub-contractors) to you in connection with our Website and for any breach of these terms of use, breach of statute, representation, statement or tortious act (including negligence) or omission arising under or in connection with the Website and these terms of use (an "event of default") AND YOUR ATTENTION IS IN PARTICULAR DRAWN TO THESE PROVISIONS:

(i)  Our liability to you for death or injury resulting from our negligence shall not be limited or excluded.

(ii)  None of the provisions shall affect any statutory rights which are not capable of being excluded (including rights under any applicable consumer protection legislation).  However, in such case our obligation, where permitted by law, will be limited to the re-supply of the relevant content or service to you.

iii) You agree that under no circumstances shall our total aggregate liability for any event of default exceed £100 for any number of events of default during any calendar year.

(iv) We shall not be responsible for or have any liability to you for any loss or damage (whether indirect, consequential, incidental, special or otherwise (including such loss or damage suffered by you as a result of an action brought by a third party)) as a result of your use of this Website.

(v) In addition, we shall not be responsible for or have any liability to you for any loss or damage as a result the following:

(a)  any data transmission errors such as data loss, damage or alteration of any kind;

(b)  any information or content contained in any websites linked to this Website; and

(c)  any breach of these terms of use or any failure to provide or delay in providing our services through our Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Indemnity
You shall indemnify and hold us harmless on demand with respect to any loss, claims, liability, cost or expense whatsoever we suffer or incur in any way arising from your use of our Website or any breach of these terms of use by you.

Past performance
Investment involves risk. Please remember that the value of investments and the income generated from them can go down as well as up (this may partly be the result of exchange rate fluctuations in investments which have an exposure to foreign currencies) and investors may not get back the amount invested.  Past performance is not necessarily a guide to future returns.

Linked websites
To provide increased value to users of this Website, we may include links to other websites or resources, which you may choose to access at your sole discretion.  Certain links in our Website may therefore lead you to websites that are not under our control.  We do not make any representation as to the accuracy or completeness of any linked websites, have not and will not review or update such websites and caution usersthat any use made of these websites is entirely at their own risk.

You may link to the home page of this Website, provided that you do so in a way that is fair and legal, does not damage our reputation or take advantage of it.  You must not establish a link to this Website in such a way to suggest any form of association, approval or endorsement on our part where none exists.

This Website must not be framed on any other website, nor may you create a link to any part of this Website other than the home page.  We reserve the right to withdraw links or permissions without notice or to require that any link to this Website be removed at any time without notice.

Intellectual property rights
We or our licensors are the owners of the intellectual property rights that appear in the content of this Website, including any and all UK registered and unregistered trade marks, logos, get ups and copyrights used on this Website ("Website Intellectual Property").  The domain name arle.com is registered to Arle.  You acknowledge that the Website Intellectual Property cannot be used without the prior written consent of Arle.

This Website is protected by copyright.  Except where otherwise noted, all items that appear within this Website are the copyright of © Arle 2011 including the design, text, graphics and arrangement of the items.  Permission is hereby granted to copy electronically and print in hard copy portions of our Website for the sole purpose of using our Website as an information source to learn about the services which are offered by Arle.

Except as expressly permitted under our terms of use, you are not permitted to copy, download, store (in any medium), show or play in public, adapt or change in any way the content of these web pages for any purpose whatsoever without the prior written permission of Arle, which permission Arle may refuse in its absolute discretion.

Risk of transmission
You should be aware that the internet is not a completely secure or reliable transmission medium and may accordingly give rise to higher risk of manipulation or attempted fraud.

Advertising and sponsorship
Part of the Website may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Website comply with international and national law.

Access to this website
We reserve the right in our sole discretion to deny you access to our Website or any part of our Website without notice and to decline to provide our Website and services to any user that is in breach of these terms of use.  Any rights which have accrued to you or us at the date of termination will remain enforceable after termination.

We may change the content of this Website at any time.  If the need arises, we may suspend access to or close this Website at any time. 

Updating your details
If any of the information that you have provided to Arle changes, for example if you change your email or postal address, name or other information, please let us know the correct details by sending an email to info@arle.com or by sending a letter to 20 Old Bailey, London EC4M 7LN.

Law and jurisdiction
These terms of use and your use of this Website (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms of use, their formation or this Website) shall be governed by and construed in accordance with the laws of England and Wales.

By using this Website you accept that any dispute under these terms of use or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts to which you submit.

You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.

General
If for any reason any part of these terms of use is deemed to be unenforceable then the validity of the remaining terms shall not be affected.

Any waiver by Arle of a breach of any provision of these terms of use shall not be deemed to be a waiver of any subsequent breach of any provision.