TERMS & CONDITIONS

Please read these Terms & Conditions (“Terms”) carefully – they apply to your use of this website.  By proceeding to access this website you are deemed to have read and accepted these Terms.

  1. About OMGI

Unless as otherwise stated below, www.omglobalinvestors.com (“Website”) is operated by Old Mutual Global Investors (UK) Limited, (“OMGI”, “we” or “us”) and the information on this Website is issued by OMGI both inside and outside the United Kingdom.

Old Mutual Global Investors (UK) Limited’s registered address is Millennium Bridge House, 2 Lambeth Hill, London EC4P 4WR.  OMGI is authorised and regulated by the Financial Conduct Authority, reference number 171847.

This Website may include information about the following funds:

UK Domiciled Funds:

Old Mutual Global Investors (UK) Limited is an appointed investment adviser of the following funds operated by Quilter Investors Limited:

Old Mutual Investment Funds Series I – an investment company with variable capital, incorporated in England and Wales under registered number IC000543 and authorised by the FCA with PRN 467510, with its registered office at Millennium Bridge House, 2 Lambeth Hill, London EC4V 4AJ.

Old Mutual Investment Funds Series II – Old Mutual Investment Funds Series II is an investment company with variable capital, incorporated in England and Wales under registered number IC000544 and authorised by the FCA with PRN 467517, with its registered office at Millennium Bridge House, 2 Lambeth Hill, London EC4V 4AJ.

Irish Domiciled Funds:

Old Mutual Global Investors Series plc is an investment company with variable capital established as an umbrella fund with segregated liability between sub-funds which is authorised and regulated by the Central Bank of Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011, as amended and is registered in Ireland under registration number 271517, with its registered office at 33 Sir John Rogerson’s Quay, Dublin 2, Ireland.

Old Mutual Global Investors Series II ICAV is an open-ended umbrella Irish collective asset-management vehicle with segregated liability between sub-funds which is authorised and regulated by the Central Bank of Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011, as amended and is registered in Ireland under registration number C141034, with its registered office at 33 Sir John Rogerson’s Quay, Dublin 2, Ireland.

Belgium

The information on this Website is only directed to professional investors within the meaning of Annex A to Royal Decree of 3 June 2007 determining further rules in implementation of the directive on markets in financial instruments. This Website has not been approved by the Financial Services and Markets Authority (“FSMA”).

France

Only those funds (and subfunds thereof) that have been registered for marketing in France with the Autorité des marchés financiers (“AMF”) may be subscribed for by investors established in, or resident of, France.

Hong Kong

In Hong Kong, Old Mutual Global Investors (Asia Pacific) Limited operates and issues content for the Hong Kong section of this Website. Old Mutual Global Investors (Asia Pacific) Limited is authorised and regulated by the Securities and Futures Commission in Hong Kong for carrying out types 1 and 4 regulated activities in Hong Kong.

The Hong Kong section of this Website includes information about Old Mutual Global Investors Series plc. The Hong Kong offering documents for Old Mutual Global Investors Series plc may be obtained from the office of the Hong Kong Representative, Old Mutual Global Investors (Asia Pacific) Limited at Old Mutual Global Investors (Asia Pacific) Limited, Unit 2, 5/F Two Chinachem Central, 26 Des Voeux Road Central, Hong Kong.

Old Mutual Global Investors Series plc and some of its sub-funds have been authorised by the Securities and Futures Commission under Section 104 of the Securities and Futures Ordinance of Hong Kong and are available for sale to the public in Hong Kong. Such authorisation is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits of a scheme or performance. It does not mean the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investor.

Please note that Old Mutual Investment Funds Series I, Old Mutual Investment Funds Series II and Old Mutual Global Investors Series II ICAV are not authorised by the Securities and Futures Commission. No offer shall be made to the public of Hong Kong in respect of these schemes.

This Website has not been reviewed by the Securities and Futures Commission in Hong Kong.

Singapore

In Singapore, Old Mutual Global Investors (Asia Pacific) Limited operates and issues content for the Singapore section of this Website.  Old Mutual Global Investors (Asia Pacific) Limited is not regulated by the Monetary Authority of Singapore.

The Singapore section of this Website includes information about Old Mutual Global Investors Series plc and is only available to institutional investors (as defined in the Securities and Futures Act (Cap. 289) of Singapore) in Singapore only and is not intended for use or to be accessed by any other type of investor.

This Website has not been reviewed by the Monetary Authority of Singapore.

Switzerland

Old Mutual Global Investors (Schweiz) GmbH, Schützengasse 4, 8001 Zürich, Switzerland operates and issues content for the Swiss sections of this Website.

Old Mutual Global Investors (Schweiz) GmbH has been authorised by the Swiss Financial Market Supervisory Authority FINMA as a fund distributor.  All sub-funds of Old Mutual Global Investors Series plc on the Swiss sections of this Website accessible to non-qualified investors have been approved by the Swiss Financial Market Supervisory Authority FINMA for distribution to non-qualified investors in and from Switzerland.

Old Mutual Global Investors Series plc is an investment company with variable capital established as an umbrella fund with segregated liability between sub-funds which is authorised and regulated by the Central Bank of Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011, as amended. Registered in Ireland under registration number 271517. Registered office: 33 Sir John Rogerson’s Quay, Dublin 2, Ireland.

The representative in Switzerland is First Independent Fund Services Ltd., Klausstrasse 33, 8008 Zurich, Switzerland. The paying agent in Switzerland is BNP Paribas Securities Services, Paris, succursale de Zurich, Selnaustrasse 16, 8002 Zürich, Switzerland. The following applies for all funds listed in the Swiss sections of the Website: Copies of the Articles of Association, the Prospectus, the Key Investor Information Documents and the annual and semi-annual reports of Old Mutual Global Investors Series plc may be obtained free of charge from the representative in Switzerland.

  1. Important Legal Information

The information on this Website is for information purposes only and does not constitute an offer, solicitation, recommendation, marketing commitment or invitation by OMGI to subscribe for or to purchase, sell or hold any interest in any financial product or service. Nothing on this Website or in the materials referred to herein constitutes or is intended to constitute investment, financial, tax, or legal advice, and you agree that this Website will not be used by you for these purposes. No representation is given that shares, products, or services identified in, or accessible through, this Website are suitable for any particular investor. You acknowledge that your use of this Website and any requests for information are unsolicited.

The information on this Website is approved for publication by OMGI and may include information about funds managed by OMGI.

The information on this Website is not for use within any country or jurisdiction or with any persons where such use would constitute a violation of law. The presentation of OMGI products and services on this Website as well as the dissemination of the given information may depend on local regulation. There is no intention to offer, sell or market products or services in countries or jurisdictions where such offer or sale would be unlawful under the relevant domestic law. Investors must inform themselves about the laws which are in force in their jurisdiction. Funds mentioned on this Website are only available in jurisdictions where promotion and sales of their shares is permitted.

By proceeding to access the information on this Website (both now and subsequently), you are deemed to be representing, warranting, acknowledging and agreeing that the applicable laws and regulations in your jurisdiction allow you to do so and that you have read, understood, agreed to and will comply with the terms and conditions set out in these Terms.

  1. US Persons

Neither Old Mutual Global Investors Series plc nor  Old Mutual Global Investors Series II ICAV are  registered as an investment company in the United States under the U.S. Investment Company Act of 1940, as amended, and their shares are not registered under the U.S Securities Act of 1933, as amended (“Securities Act”). Shares of Old Mutual Global Investors Series plc or Old Mutual Global Investors Series II ICAV are not available for purchase by “US Persons” as that term is defined under Regulation S of the Securities Act.

The information on this Website is not directed at any US Person. By proceeding you confirm that you are not a US Person. This Website is reserved exclusively for non-US persons and should not be accessed by anyone 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.

  1. Warranties and Representations

No warranty or representation is made in respect to the information on this Website, which is subject to change without notice, including without limitationthat the information is accurate, complete or timely.  We believe that the opinions expressed and information on this Website are accurate at the date of publication. The information on this Website has not been registered, verified or approved by any local regulator.

  1. No Investment Advice

Nothing on this Website should be construed as investment advice by OMGI or any other regulated activity.  An investment in a fund may not be suitable for all investors and should only be made on the basis of the Key Investor Information Document (KIID), the prospectus and other documentation governing that fund, which may be obtained free of charge on this Website.  This Website is not a substitute for independent professional advice and users of this Website should obtain appropriate professional advice relevant to their particular circumstances prior to making any investment decisions. The Website must not be relied upon in connection with any investment decision.

  1. General Risk Warnings

The fund prices on this Website are indicative only and should not be relied upon for dealing purposes. You should be aware that this information has not been audited or verified by an independent party.

This site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology or by discussion of strategy, plans, objectives, goals, future events or intentions. Any such forward-looking statement is based on OMGI’s expectations, assumptions, estimates and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. OMGI has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.

The value of investments and any income from them may go down as well as up and investors may get back less than the amount originally invested. Past performance is not a guide to future performance. Fluctuations in exchanges rates may affect the value of an investment and any income derived from it. Certain investments, in particular emerging markets, involve an above-average degree of risk and should be seen as long-term in nature.

The list of risk factors is not exhaustive and you should refer also to the relevant fund’s Key Investor Information Document (KIID) and prospectus for additional risk factors pertaining to that investment or relevant sub-fund. Please note that OMGI will not regard any user of this Website as its client for regulatory purposes merely because such user has visited or used this Website and will not owe any duties to any such user in accordance with the provisions of applicable laws and regulations that regulate the relationship between an authorised investment firm and its clients.

  1. Liability

By entering this Website, you acknowledge and agree that the use of this Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall OMGI and/or the funds be liable for any direct, indirect, special, incidental or consequential loss or damage including any loss of profits, business, revenue or goodwill arising from the use of, access to or inability to use or access, interruption or other non-availability of this Website, its operation or transmission, computer viruses (or equivalent), or any other errors, omissions or defects, loss of data or otherwise; the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website; unauthorized access to or alteration of your transmissions or data;  statements or conduct of any third party on this Website; the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or any other matter relating to this Website in respect of its use or the downloading or use of any material from the Website, even if we have been advised of the possibility of such damage. You are responsible for using your own virus protection software.

The information on this Website is provided “as is” and “as available”. OMGI makes no warranty that access to this Website will be uninterrupted or error-free, that defects will be corrected, or that will not be transmitted viruses or other harmful components in connection with the use of this Website.

OMGI may have issued other reports that are not compatible with, and reach different conclusions from, the information presented on this Website. These reports reflect the different assumptions, views and analytical methods of those who prepared them and OMGI is not obliged to ensure that such reports are known to the user.

OMGI will not be liable for any damages or losses suffered by any users accessing areas of this Website that are not appropriate for their jurisdiction or investor type.

If you transmit any communication through this Website to OMGI directly or through any third-party internet or other service provider, you shall be responsible and liable for any omissions or failures that may be made while transmitting or receiving communications using this Website. This Website is not designed for the transmission of time sensitive instructions or questions. Accordingly, if you use this Website to transmit time sensitive instructions or questions, you will be liable for any loss that may arise, and any such information is transmitted at your own risk.

You will defend, indemnify and hold harmless OMGI and its affiliates and each of their respective officers, directors, employees and agents in respect of any third-party claim for any injury, loss, damage, liabilities or expense (including reasonable attorney’s fees) occasioned by or arising directly or indirectly from your operation or use of this Website or your supply of information to a third party provided in breach of any of your obligations under these Terms.

  1. Intellectual Property

Unless otherwise indicated, OMGI owns the copyrights, trademarks, trade names and all other intellectual property rights subsisting anywhere in the world relating 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, OMGI does not grant a licence to this content by virtue of your use of this Website.

Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of this Website may be in breach of statutory or common law rights which could be the subject of legal action. OMGI disclaims all liability which may result from any unauthorised reproduction or use of the information on this Website. All rights not expressly granted are reserved by OMGI or its licensors.

OMGI expressly prohibits linking by other Websites to any part of this Website other than the home page or where OMGI has otherwise expressly given permission. In addition, OMGI 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, trademark, intellectual property or other legal notices from any part of the Website or any information printed or downloaded from it.

All trademarks, service marks, company names or logos are the property of their respective holders.  The display of any trade names or trademarks on this Website does not imply 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.

  1. Third Party Content

This Website may include material from third parties or links to Websites not operated by OMGI (“Third Party Content”). We do not recommend or endorse, and accept no responsibility for the Third Party Content. While we would generally only provide the Third Party Content we reasonably considered to be reliable, we do not conduct independent investigations and accordingly we make no representations or warranties, express or implied, as to the Third Party Content, and do not guarantee the accuracy, timeliness, completeness, reliability and suitability or usefulness of the Third Party Content for any particular purpose. You access and use the Third Party Content at your own risk.

  1. Social Media

We use a number of unaffiliated social media sites, including Twitter and LinkedIn to share product and service information, thought leadership material, news, events and career information. As social media sites are public and anyone with an account can engage with us, we cannot be responsible for views expressed other than our own.

Twitter

LinkedIn

 

@OMGI 

http://www.twitter.com/OMGI 

Old Mutual Global Investors

http://www.linkedin.com/company/old-mutual-global-investors

 

Google +

Facebook

 

When accessing any third-party/external sites that may be linked above, you will leave this Website. These sites are not controlled or endorsed by OMGI, and OMGI is not responsible for the contents, operation or security of these sites.

These social media websites are established and hosted by third parties, and are governed by their separate website policies, including privacy policies and terms of usage. We are not responsible for their terms of use or privacy policies, or any other third party websites that may be linked to or by their pages. You use these sites at your own risk.

We reserve the right to prohibit posting on our social media pages, as well as the right to delete or edit any posted content or material for any reason and without notice. Any posting on these pages is subject to our policies of usage, as we may change them from time to time. We prohibit postings about products, investment recommendations and investment product performance. In addition, we prohibit the posting of offensive, derogatory, inflammatory or illegal comments and statements.

We reserve the right to block or remove objectionable content and users if possible, in our sole discretion and without notice. Any delay in removing or failure to remove an objectionable posting should not be deemed an endorsement or approval of the posting, and does not preclude us from taking other steps to address objectionable content, particularly where a social media website restricts us from removing content or blocking users.

We may occasionally mention a user, tweet, re-tweet or repost links to third-party sites when we think you may find that information useful. However, this does not constitute an endorsement of the company, site or individual. 

Engaging with OMGI

Our social media sites are managed and monitored. We actively monitor what people are saying to and about OMGI,  however we cannot respond to or engage on all issues.

If you are an OMGI client with a specific question, please contact our client services team at http://www.omglobalinvestors.com/corporate/contact-us/ .

If you have any concerns or complaints about our social media policy, please contact clientservices@omglobalinvestors.com.

  1. Changes to the Website

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to Website users. Similarly, we reserve the right, in our sole discretion, to change, modify, add or remove the content of this Website. You must check these Terms periodically for changes. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on this Website. If you access this Website after we post changes to the Terms, you accept the Terms as changed.

  1. Site Availability

OMGI does not warrant that this Website will be available at any time or that your access to this Website will be uninterrupted, timely or free from viruses or other harmful components. If this Website is unavailable, please report this by e-mailing webmaster@omglobalinvestors.com and we will attempt to correct the fault as soon as we reasonably can.

  1. Termination

We reserve the right to cease operating this Website or to terminate your access and use of any part of this Website at any time without notice and for any reason.

  1. Privacy

We collect your personal information from you when you apply for our products or carry out transactions with us. We collect information that is necessary for the provision and administration of the products or services you are seeking, and for legal and regulatory purposes. We also collect and use your personal information where necessary to improve our products and services, our business processes, and to communicate with you.

Our Privacy Notice and Cookies Policy, which form part of these Terms, contains more information about how we collect, use and share your personal information. There is also information about the rights you have over your personal data, ahd how to contact us if you have any questions. Please read the Privacy Notice and Cookies Policy carefully as it describes the types of information we may collect from you or that you may provide when you visit this Website and to whom we may disclose it.

  1. Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with English law and the courts of England shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms.

  1. Prohibited Use

Except as otherwise stated in these Terms or as expressly authorized by OMGI in writing, you must not use this Website for any unlawful, improper or illegal purpose or activity, or in a way which causes or may cause: (i) damage to the reputation of OMGI, or use the Website or website materials in any manner that could create impression of affiliate, sponsorship or endorsement by OMGI such as including “OMGI” or an OMGI trademark, or any variation of such as a meta-tag or hidden textual element; (ii) the Website to be interrupted, damaged, impaired or use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, product services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, without OMGI’s permission, provided that generally available third party web browsers may be used without such permission; (iii) a virus or malicious code to be introduced into any part of the Website; (iv) offence or detriment to any other person who uses the Website, including in any manner that would interfere with another party’s use of the Website; (v) OMGI, you or any other user of the Website to be in breach of any applicable law or regulation; or (vi) detriment to any person who supplies services to OMGI in connection with the Website, including to damage or to overburden any OMGI server or any network connected to any OMGI server, as all servers have limited capacity and are used by many people.

  1. Unauthorised Use of Content

You agree to defend, indemnify and hold harmless OMGI, affiliates and each of their respective officers, directors, employees and agents against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you.

  1. System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. OMGI is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

  1. Waiver

No waiver by OMGI of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

  1. Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between OMGI and the user relating to the subject matter herein.

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