Terms and Conditions

Terms & Conditions

ASPECT CAPITAL

1. Regulation of Aspect Capital Limited (Aspect Capital)

Aspect Capital is authorised and regulated in the United Kingdom by the Financial Conduct Authority (FCA). In the United States, Aspect Capital is registered as a Commodity Trading Advisor (CTA) and a Commodity Pool Operator (CPO) with the Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA) and as an Investment Adviser with the Securities and Exchange Commission (SEC).

2. Information on the Website

2.1 The information displayed on the Website has been prepared for circulation to investment professionals who are or would be classified as Professional Clients or Eligible Counterparties under the FCA rules and who, if they are US residents or citizens, are or would be qualified as “Qualified Purchasers” under the US Investment Company Act 1940 and “Qualified Eligible Persons” under the US Commodity Futures Trading Commission regulations and who if they are resident in Canada are “permitted clients" within the meaning of Canadian securities legislation, and is specifically not intended for any other persons including persons who are or would be classified as Retail Clients under the UK FCA rules. It is a confidential communication to, and solely for the use of, such persons who, as set out above, are permitted to receive it. If you are not such a person, you should not accept these Terms of Use.


2.2 The information displayed on the Website may be subject to verification or amendment and has been supplied for information purposes only. No representation or warranty is made, whether expressly or implied, by Aspect Capital, its Directors or employees, as to the accuracy or completeness of the information provided. An Aspect investment programme investor may lose all or substantially all of its investment.


2.3 To the extent that the term/s systematic and/or automatic is/are used in this Website to describe Aspect Capital's investment strategy and/or a number of related processes, it should be noted that human discretion is necessarily involved in the development of Aspect Capital's operations (including the Aspect Diversified Programme and other programmes offered by Aspect Capital Limited from time to time) and in certain circumstances Aspect Capital may deviate from its automatic systems, for example as a result of external, unforeseen or dramatic events.


2.4 The Website is neither an offer to sell an interest or otherwise invest in any fund or any other investment vehicle including a managed account, sponsored or managed by Aspect Capital (each an "Aspect Product"). Any such offer, if made, would be made only by way of the final offering documents, disclosure document and/or investment management agreement (together "offering documents") of such Aspect Product and only in jurisdictions where, and to such persons to whom, such an offer would be lawful. Any decision to invest in an Aspect Product should be made only on the basis of consideration of all of the final offering documents in respect of such Aspect Product. Such final offering documents contain important information concerning risk factors and other material aspects of such Aspect Product and must be read carefully before a decision to invest is made.


2.5 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 for such acquisition; (ii) any foreign exchange control requirement which they might encounter; and (iii) the income tax and other tax consequences which might be relevant, and by logging into this Website, you warrant that you have done so.


2.6 Any person making an investment in an Aspect Product must be able to bear the risks involved and must meet such Aspect Product's suitability requirements. Some or all alternative investment programmes may not be suitable for certain investors. No assurance can be given that any Aspect Product's investment objective will be achieved. Among the risks which Aspect Capital Limited wishes to call to the particular attention of persons accepting these Terms of Use are the following:
- Aspect Products are speculative and involve a substantial degree of risk.
- An Aspect Product's performance may be volatile.
- Redemptions may be made only if an investor provides prior written notice of its desire to redeem in advance of the intended redemption date.
- There is no secondary market for the shares/interests in Aspect Products and none is expected to develop.
- There are restrictions on transferring shares/interests in Aspect Products that are in the form of an investment fund.
- Aspect Products' fees and expenses are significant. Trading profits must be greater than such fees and expenses to avoid loss of capital.
- Aspect Products are not required to provide periodic pricing or valuation information to investors with respect to the Aspect Product's individual investments.
- Aspect Products are not mutual funds and are not subject to regulation under the US Investment Company Act 1940, as amended
- Orders executed for Aspect Products will take place on non-U.S. and U.S markets.
- Aspect Products may be subject to conflicts of interest
Please pay particular attention to the risk factors and conflicts of interests sections of each Aspect Product's offering documents.


2.7 Aspect Capital Limited is exempt from the requirement to hold an Australian financial services licence under the Corporations Act 2001 (Cth). Aspect Capital Limited is authorised and regulated under the laws of the United Kingdom which differ from Australian laws. Aspect Capital Limited is not registered with any securities regulatory authority in Canada.


2.8 Certain Aspect Products are distributed in Switzerland. Hugo Fund Services SA, with registered office at 6 Cours de Rive, 1204 Geneva (www.hugofunds.ch), is the representative of such Aspect Products (the "Representative"). The paying agent in Switzerland is Swissquote Bank Limited. The distribution of shares in Aspect Products in Switzerland must exclusively be made to qualified investors. The place of performance and jurisdiction for shares in those Aspect Products distributed in Switzerland are at the registered office of the Representative.

 

3. Your use of the Website

In connection with your use of the Website, you agree:

(i) to comply with all applicable laws and regulatory requirements relating to your use of the Website;

(ii) that all information provided by you in connection with your use of the Website is complete and accurate;

(iii) that none of the information displayed on the Website constitutes investment, financial or legal advice and that you are not relying on it as such and will take independent professional advice as necessary before making any investment decision; and

(iv) to keep any password that may be assigned to you in order to access the Website confidential; not to share such password with, or pass such password to, any other person; and to notify Aspect Capital if you become aware of such password being used by any other person to access the Website. Aspect Capital may then cancel the password and assign a new password to you.

4. No Representations by Aspect Capital

No representations, warranties or other assurances (whether express or implied) are given by Aspect Capital, its affiliates, directors or employees:

(i) as to the completeness, reliability or accuracy of any information or materials displayed on the Website;

(ii) that information displayed on the Website is or will be updated by Aspect Capital on a regular basis or otherwise;

(iii) that you will be able to use the Website; or

(iv) that the Website, or any information that has been downloaded from the Website, will be free from viruses or defects or compatible with your computer.

5. Intellectual Property Rights

5.1 All information, graphic images, text, layout and materials displayed on the Website are the exclusive property of Aspect Capital. You may print, copy and download any information contained on the Website for your professional use only. You may not use for commercial or public purposes any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, or with Aspect Capital's prior written approval. Except as may be provided under a separate prior agreement between the parties, your access to the Website does not grant or transfer to you any interest, right or licence in relation to such information or any patent, copyright, trade secret, trademark or other intellectual property right.

6. Limitations of Liability

6.1 Subject to 6.2, neither Aspect Capital, nor its affiliates, directors or employees, shall be liable to you for any loss or damage of any nature (and whether arising from negligence, breach of contract or otherwise) arising from or in connection with your access to or inability to access, your use (or attempted use) of, the Website or the information displayed on the Website, or in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website, the data displayed on the Website or the products or services offered on the Website, regardless of whether or not such loss or damage was foreseeable or within the control of Aspect Capital.

6.2 Nothing in these Terms of Use excludes Aspect Capital's liability for wilful misconduct, fraud, or to the extent that any such exclusion would be unlawful under applicable law.

6.3 The Website may contain links to third-party websites. These links are provided only as a convenience and when you click on any such link, you will be leaving the Website. None of Aspect Capital, its affiliates, directors and employees are in any way responsible for the contents of any third-party websites.

7. General

7.1 Aspect Capital reserves the right to vary or amend these Terms of Use at any time without further notice to you. Any such amendment will displayed on the Website or otherwise communicated to users, as appropriate, and will be effective upon display or communication or at such date following the date of display or communication as may be required by the laws of any applicable jurisdiction. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Website constitutes agreement by you to all such changes.

7.2 A failure by Aspect Capital to enforce a provision of these Terms of Use or act on a breach or default by you of this agreement does not constitute a waiver of any of Aspect Capital's rights or remedies under these Terms of Use.

7.3 A person who is not a party to these Terms of Use may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

7.4 These Terms of Use shall be governed by and interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

7.5 These Terms of Use constitute the entire agreement between Aspect Capital and you with respect of your use of the Website and they supersede all prior or contemporaneous communications, agreements and understandings between Aspect Capital and you with respect to the subject matter hereof.

PRIVACY POLICY

Aspect Capital is committed to preserving the privacy of all its clients, as well as visitors to the Website. This Privacy Policy, together with the Terms of Use of the Website, sets out the basis upon which any personal data we collect from you, or that you provide to us, will be processed by us. Please review the Privacy Policy each time you use the Website to understand how we use and protect the information you provide to us. The Privacy Policy may be amended by us at any time, so please check it periodically to keep informed of any changes.

1. Information we may collect from you

We may collect and process the following data from you:

(i) information that you provide by filling in forms on the Website, including information provided at the time of registering to use the Website and information provided in order to report a problem with the Website: and

(ii) if you contact us, we may keep a record of that correspondence: and

(iii) details of your visits to the Website and the resources that you access.

2. Use of your information

2.1 We may use data held about you in the following ways:

(i) to support your interaction with us, including to ensure that the content of the Website is presented in the most effective manner for you and your computer, to provide you with information or products you may have requested through the Website, to notify you about changes to the Website and to ensure the ongoing accuracy and relevance of such data;

(ii) for general internal research purposes, including to identify and analyse the regularity of the use of the Website and the nature of the Website users; and

(iii) to design products and services for your use.

2.2 We may also use data held about you for marketing purposes, such as to get in contact with you and/or to provide you with information about products and services which may be of interest to you, either by post or telephone. We may also contact you for these marketing purposes by electronic means given that you have previously consented to this when registering for this Website and providing your personal data. You may withdraw your consent to the receipt of marketing materials via electronic means at any time free of charge by sending an email to Aspect Capital or by following any alternative procedure specified in any future electronic communication.

2.3 Aspect Capital may disclose or transfer information about you to any member of its group of companies (which may be located outside of the European Economic Area). However, Aspect Capital will not disclose or transfer any non-public personal information about you to third parties outside of the Aspect Capital group other than as necessary in connection with any products or services you have requested, in connection with the possible reorganisation or transfer of all or part of Aspect Capital's business or as permitted or required by law.

3. Cookies

3.1 Cookies are small text files that a website transfers to your hard drive or browser to help you move faster through that particular website, or for tracking your website usage. Cookies make it easier for you to log on to and use the site during future visits. They also help us to improve the Website and to deliver a better and more personalised service. They enable us:

- to monitor Website traffic to estimate usage numbers and patterns;

- to store information about your preferences, and so allow us to customise the Website according to your individual interests;

- to speed up your searches; and

- to recognise you when you return to the Website.

3.2 You may refuse to accept cookies by activating the setting on you browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies to your computer when you log on to the Website.

4. Security and Data Retention

4.1 Aspect Capital maintains physical, electronic and procedural controls in keeping with applicable laws to safeguard any non-public personal information about you. Unfortunately, the transmission of information via the internet is not completely secure. Therefore, although we have implemented security controls, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk.

4.2 We will retain your information for a reasonable period or as long as the law requires.

5. Access to Information

5.1 You have the right to access information held about you and may submit a request to Aspect Capital in this regard to info@aspectcapital.com. Please note that Aspect Capital may charge a reasonable fee to meet its costs in providing you with details of the information we hold about you.

6. Acceptance of Privacy Policy and Contact

6.1 By logging into the Aspect Capital website you confirm that you consent to the uses of the information relating to you (including but not limited to, the provisions concerning marketing via electronic means) and to the general terms of Aspect Capital's Privacy Policy (including but not limited to, the use of cookies), all as set out above.

6.2 If you have any questions or need further information about the Privacy Policy, please contact us at info@aspectcapital.com or Aspect Capital Limited, 10 Portman Square, London W1H 6AZ.