Terms & Conditions
1. About Old Mutual Global Investors
www.omglobalinvestors.co.uk (this website) is a website operated by Old Mutual Global Investors (UK) Limited, (Old Mutual).
The information on this website is issued by Old Mutual both inside and outside the United Kingdom.
Old Mutual Global Investors (UK) Limited is registered in England and Wales with registration number 2949554 and has its registered office at 2 Lambeth Hill, London EC4P 4WR, Tel 020 7332 7500/Fax 020 7489 5252/e-mail firstname.lastname@example.org. Authorised and regulated by the Financial Conduct Authority. VAT number 386130159.
2. About this Website
This website contains information for both private and professional investors.
Private investors, being investors who are categorised as retail clients within the meaning of the Financial Conduct Authority's Handbook of Rules and Guidance ("FCA Rules"), may only access this website via the Retail Clients area.
The Professional Clients area is intended only for the use of independent financial advisers ("IFAs"), other professionally recognised financial intermediaries (who are authorised and regulated by the UK Financial Conduct Authority or an equivalent regulatory authority) and for professional clients and eligible counterparties (as defined in the FCA Rules).
By entering the Professional Clients area of this website, you represent and warrant that you are authorised to do so, having read and understood these terms and conditions.
In addition, certain professional investors who are able to demonstrate that they are permitted to receive information about unregulated collective investment schemes will be provided with a user identification code and password to access certain parts of this website providing information about such investment funds.
Investors who have been issued with a user identification code and password should refer to clause 11 of these terms and conditions in relation to their use of such identification code and password.
Not all investment funds or other services mentioned on this website are available in all geographical locations. A prospective investors eligibility to invest in a particular investment fund or use any service mentioned on this website is subject to our absolute discretion (in consultation with such advisers or other third parties as we see fit).
3. Investment information
The distribution of the information contained on this website in certain countries may be restricted by law and, accordingly, persons who access it are required to inform themselves of and to comply with any such restrictions. The information on this website does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. Persons interested in acquiring any investment should inform themselves as to (i) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile; (ii) any foreign exchange control requirement which they might encounter; and (iii) the income tax and other tax consequences which might be relevant to the acquisition, holding or disposal of any investment.
Where access to any part of this website is restricted or requires possession of a valid password, no other person should attempt to gain access to such part of this website. Any prices and other information on this website are provided solely to enable you to make your own investment decisions and do not constitute personal recommendations or investment advice.
3.2 Risk factors
Investors should remember that investment involves risk and that the price and value of units and shares can go down as well as up as a result of changes in the value of underlying securities and currency movements. Investors may not get back the original amount invested and past performance is not a guide to future performance. Tax assumptions may change if the law changes, and the value of tax relief (if any) will depend upon your individual circumstances. Investors should consult their own tax advisers in order to understand any applicable tax consequences.
Information included herein (including any expression of opinion or forecast) has been obtained from, or is based on, sources believed by Old Mutual to be reliable, but is not guaranteed as to its accuracy or completeness.
The content of this website is not intended to provide financial, legal, accounting or tax advice to any user and nothing on this website shall constitute investment advice or any recommendation to buy, sell or otherwise transact in any investment product, and should not be relied upon in that regard. Old Mutual neither provides investment advice to, nor receives and transmit orders from, investors in products, nor do they carry on any other activities with or for such investors that constitute MiFID or equivalent third country business for the purpose of the FCA Rules. The information on this website is provided solely on the basis that you make your own investment decisions. You should obtain relevant and specific professional advice before making any decision to enter into an investment transaction.
The foregoing list of risk factors is not complete and you should refer to the relevant offering documents with respect to individual investment products.
3.3 Investment products
(A) Investment products for private investors
An application for any Old Mutual investment products which are made available to retail clients (within the meaning of the FCA Rules) should be made having read fully not only the relevant application form but also the relevant Prospectus, Annual Report, Constitutional Document and the Key Investor Information Document applicable to the chosen product. All these relevant documents can be found on and printed from this website.
Tax concessions on ISAs are not guaranteed and can change at any time. Their value will depend on individual circumstances.
(B) Unregulated collective investment schemes
To the extent that information on the Professional Client pages of this website refers to unregulated collective investment schemes (as defined in the FCA rules):
(1) such information is directed only at persons who are categorised as either a professional client or an eligible counterparty (within the meaning of the FCA Rules) and the information in relation thereto is therefore exempt from the scheme promotion restriction on the communication of invitations or inducements to participate in unregulated collective investment schemes;
(2) investments in such funds are only available to persons who are categorised as either a professional client or an eligible counterparty and information on this website must not be relied or acted upon by any other persons. In particular, any investments referred to on this website are not intended for retail clients and will not be made available to retail clients;
(3) investments in such funds do not carry the protection provided by the UK regulatory system and investors in such funds may not benefit from the rules and regulations made under the Financial Services and Markets Act 2000 ("FSMA") for the protection of investors, from the Financial Services Compensation Scheme, or from the Financial Ombudsman Service; and
(4) shares in such investment funds are not dealt in or on a recognised or designated investment exchange for the purposes of FSMA, nor is there a market maker in such shares, and it may therefore be difficult for an investor to dispose of his shares otherwise than by way of redemption.
The information contained on this website relating to unregulated collective investment schemes is provided for information purposes only and does not constitute an offer to buy or sell, or amount to a solicitation or incitement or offer to buy or sell, any securities referred to herein. Subscriptions for shares or units in any of the companies detailed in this website and which are unregulated collective investment schemes are to be made on the terms of the relevant prospectus and no reliance should be placed on the information on this website.
Please refer to the prospectus of the relevant investment product for further information. We strongly recommend that you seek professional investment advice before making any investment decision.
3.4 US investors
The information on this website is not directed at any US Person. This website is reserved exclusively for non-US persons and should not be accessed by any person in the United States. In case of doubt, a US Person is:
(A) any natural person resident in the United States ("US"); or
(B) a corporation or partnership incorporated or organised in the US, but excluding an offshore branch or agency of a US person that operates for valid business reasons and is engaged and regulated as an insurance company or bank; or
(C) a branch or agency of a foreign entity located in the US; or
(D) a trust of which the trustee is a US person, unless a non-US person has or shares investment discretion; or
(E) an estate of which a US person is the executor or administrator, unless the estate is governed by foreign law and a non-US person has or shares investment discretion; or
(F) a non-discretionary account held for the benefit of a US person; or
(G) a discretionary account held by a US dealer or fiduciary, unless held for the benefit of a non-US person; or
(H) any entity organised or incorporated for the purposes of evading US securities laws.
4. Your use of this website
These terms and conditions set out the terms on which you may make use of this website and apply to every page of this website, whether or not these terms and conditions appear on each individual page. Please read these terms and conditions carefully before you start to use this website. By using this website, you have indicated that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using this website.
You must not use this website (or permit or procure others to use it) as follows:
4.1 for any unlawful, improper or illegal purpose or activity;
4.2 to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
4.3 in a manner intended to threaten, harass, or intimidate;
4.4 to violate Old Mutual’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
4.5 to damage Old Mutual’s name or reputation or that of Old Mutual’s affiliated companies or any third parties;
4.6 to impersonate any of Old Mutual’s employees or other person or use a false name while using this website or implying an association with Old Mutual;
4.7 to penetrate Old Mutual’s security measures or other entities' systems ("hacking");
4.8 to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using this website;
4.9 to generate excessive amounts of internet traffic, to interfere with Old Mutual's network or others use of this website or to engage in activities designed to or having the effect of degrading or denying service to users of this website or others;
4.10 to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entities systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items;
4.11 to post or transmit information that is defamatory, fraudulent or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
4.12 to transmit confidential or proprietary information, except solely at your own risk.
When using this website, you must comply with all applicable local, national and international laws and regulations, 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 Old Mutual and their affiliated companies 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.
5. Termination and suspension of access to this website
Old Mutual reserves the right to deny you access to this website, or immediately to suspend or terminate your access to this website, or to disable any user identification code or password (whether chosen by you or allocated by Old Mutual) at any time if your use of this website (in Old Mutual's sole discretion) in any manner breaches these terms and conditions.
6. Liability for use of this website
Access to this website is permitted on a temporary basis and Old Mutual reserves the right to withdraw or amend the service it provides on this website without notice. Old Mutual does not accept any liability if for any reason this website is unavailable at any time or for any period.
The materials and information displayed on this website are provided without any guarantees, conditions or warranties as to accuracy or completeness and are not intended to amount to advice on which reliance should be placed. Old Mutual disclaims all liability and responsibility arising from any reliance placed on such materials and information by any visitor to this website, or by anyone who may be informed of any of its contents.
Information and opinions contained on this website have been compiled or arrived at by Old Mutual from sources believed to be reliable. However, to the extent permitted by law, Old Mutual, their affiliated companies and other third parties connected to Old Mutual hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with this website or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of this website or any websites linked to it or materials posted on it.
The internet is not a completely reliable transmission medium and neither Old Mutual nor any of their affiliated companies 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 Old Mutual or any of their affiliated companies. Any such transmission of information is entirely at your own risk.
Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. Old Mutual has no control over the contents of those websites or resources and neither Old Mutual nor any of their affiliated companies make any representation as to the accuracy or completeness of such websites or resources and have not and will not review or update them. Neither Old Mutual nor any of their affiliated companies accept any responsibility for websites and resources provided by third parties or for any loss or damage that may arise from your use of them.
The above does not exclude or restrict any duty or liability that Old Mutual have to their customers under the regulatory system in the United Kingdom.
7. Intellectual property rights
Unless otherwise indicated, the members of Old Mutual own the copyrights, trademarks, trade names and all other intellectual property rights subsisting anywhere in the world to the content on this website. You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any of the website or the information on it, except for the purpose of accessing the website and producing print-outs for your own personal use. Other than this, no member of Old Mutual grants a license to this content by virtue of your use of this website.
The members of Old Mutual expressly prohibit linking by other websites to any part of this website other than the home page (so-called “deep-linking”) or where any member of Old Mutual has otherwise expressly given permission. In addition, the members of Old Mutual expressly prohibits the linking to the home page of this website in such a manner that suggests or could be understood to imply that any part of this website is part of another website and, in particular, third-parties must not frame or use other techniques to enclose any part of this website.
You may not delete or alter in any way any copyright, trade mark, intellectual property or other legal notices from any part of the website or any information printed or downloaded from it.
We do not recommend or endorse, and accept no responsibility for, the content of any website not operated by any member of Old Mutual which you may visit by following a link from this website. No other website, without the prior written permission of Old Mutual, is authorised to link to any part of this website.
8. Your personal data
Old Mutual may collect and process the following data about you in accordance with these terms and conditions:
8.1 information that you provide by filling in forms on this website, including information provided at the time of registering to use this website, subscribing to Old Mutual's service, posting material or requesting further services;
8.2 if you contact Old Mutual, Old Mutual may keep a record of that correspondence and may record telephone calls for security and customer services purposes;
8.3 Old Mutual may ask you to complete surveys for research purposes, although you do not have to respond to them; and
8.4 details of your visits to this website and the materials and information that you access,
for the following purposes:
(A) to ensure that content from this website is presented in the most effective manner for you and for your computer;
(B) to provide you with information, products or services that you request from Old Mutual or which Old Mutual feel may interest you, where you have consented to be contacted for such purposes;
(C) to allow you to participate in interactive features of Old Mutual's service, when you choose to do so; and
(D) to notify you about changes to Old Mutual's service.
Under the Data Protection Act 1998, you are entitled to request from us a copy of the personal data that we hold on you (a Subject Access Request) and/or to request the correction or suppression of the data that we hold on you. Should you wish to make a Subject Access Request, please write to: Company Secretary, Old Mutual Global Investors (UK) Limited, 2 Lambeth Hill, London EC4P 4WR, providing proof of identity and we shall respond to your request within 40 days.
9. Disclosure of your personal data
Old Mutual may disclose your personal data to their affiliated companies outside the European Economic Area for the purposes stated above. Old Mutual may also disclose your personal data to third parties located outside the European Economic Area:
9.1 in the event that Old Mutual sell or buy any business or assets, in which case Old Mutual may disclose your personal data to the prospective seller or buyer of such business or assets;
9.2 if Old Mutual or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets; and
9.3 if Old Mutual are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms and conditions of this website or other agreements, or to protect the rights of Old Mutual, their customers, or others.
By using this website, you consent to processing of your personal data in accordance with these terms and conditions and you warrant that all data provided by you is accurate.
Old Mutual may obtain information about your general internet usage by saving a cookie to your browser for the purposes of systems administration and statistical analysis. Cookies contain information that help Old Mutual to improve this website and to deliver a better and more personalised service to you, including storing information about your preferences for when you return to this website.
11. User identification code
To the extent that you are provided with a user identification code and password, you:
11.1 must treat this information as confidential and must not disclose it to any third party or allow any third party to access this website using your user identification code or password;
11.2 are responsible for any use of this website by any third party to whom you have disclosed your user identification code and/or password; and
11.3 agree to notify Old Mutual immediately if you suspect any unauthorised use of this website or of your user identification code and/or password.
12. Law and variation
These terms and conditions and any non-contractual obligations arising from or connected with them are governed by English law and these terms and conditions shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of this website and it is a condition of using this website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although Old Mutual retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
Old Mutual may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Old Mutual make, as these are binding on you.