Please read this important information before proceeding further. It contains legal and regulatory notices relevant to the information contained on this website and sets out the terms by which you will be bound in accessing this website.
Disclaimer
Please read this page before proceeding to view the SUNNINGDALECAPITAL.COM website and its contents (the "Site"), as it explains certain restrictions imposed by law on the distribution of this information, as well as certain terms and conditions in respect of its use (the "Terms"). You (which includes any third party acting on your behalf or at your instigation) must confirm that you are permitted to access this Site and agree to these Terms before accessing it or any information about the investment products referred to in it (the "Investment Products"). In this disclaimer, references to the Site shall include any information which you may request about the Investment Products.
1. Sunningdale
For the purpose of compliance with the UK Financial Services and Markets Act 2000, this Site is communicated by Sunningdale Capital LLP ("Sunningdale") which is authorised and regulated by the Financial Services Authority (FSA) under Register Number 506734; Registered in England No.OC344621. Registered Office and main place of business: 45-47 Cornhill, London, EC3V 3PF, England.
Sunningdale's role in relation to each of the Investment Products is explained in the Site. Sunningdale will not regard any person who accesses and uses the Site as its client in relation to any of the Investment Products unless otherwise expressly agreed and accordingly will not be responsible to any such person for providing protections afforded to its clients or advising any such person on the Investment Products.
You should be aware that your dealings with any Sunningdale entity are unlikely to be covered by the rules and/or regulations made for the protection of investors in the UK, including any compensation arrangements, complaints process or rights of cancellation under the rules of the Financial Services Authority.
2. Description of Website
Access to and use of the Site are subject to the Terms. By clicking the confirmation at the bottom of these Terms, you signify that you have read, understood and accepted these Terms.
Unless otherwise indicated, the Site is made available by Sunningdale Capital LLP.
This Site offers information about Sunningdale and its affiliates and its approach to developing and providing fully-serviced alternative Investment Products, the products themselves, their performance and investment opportunities. Information about our global distribution network, as well as relevant press releases and articles, are also available on the Site.
Sunningdale may update, revise, delete, modify or withdraw information on this Site without notice. Information should only be considered current as of the time of initial publication or as otherwise stated without regard to the date on which you may access the information. Sunningdale is under no obligation to update the Site or any other information provided or to correct any inaccuracies which may become apparent. Sunningdale may restrict access to the Site or any part of it at any time.
3. Restricted Access to persons in Certain Jurisdictions
This Site and the Investment Products are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site (or the purchase or sale of the Investment Products) would be prohibited by or contrary to applicable law or regulation or would subject Sunningdale to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Site or any information about the Investment Products are required by Sunningdale to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Site or such information and shall be assumed by Sunningdale to have done so. Persons accessing this Site or such information should check the marketing, investment or selling restrictions as set out in the offering materials relating to each Investment Product. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. Professional advice should be sought in cases of doubt as any failure to do so may constitute a breach of the securities laws in any such jurisdiction.
In particular, neither the Site nor the Investment Products are available to any person (or entity) which is a citizen or resident of (or located or established in) the United States.
4. Restricted Access for the purposes of English Law
Save as set out in the following paragraph, the Site and the Investment Products to which it relates may only be communicated to, and is only directed at (i) persons outside the EEA, (ii) persons having professional experience in matters relating to investments, being investment professionals as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) ("FPO"), (iii) persons falling within Article 49(2)(a) to (d) of the FPO (including high net worth companies and unincorporated associations), and (iv) persons to whom the communication may otherwise lawfully be made (together, FPO relevant persons).
Some of the Investment Products referred to on the Site are collective investment schemes which are not categorised as "recognised schemes" in the United Kingdom and therefore any investment in them may not be, and is not being offered in the United Kingdom by Sunningdale in circumstances that would contravene section 238 of the Financial Services and Markets Act 2000. Accordingly, insofar as the Site contains information about non-recognised schemes, it may only be made, directed at, and distributed by Sunningdale to (i) persons outside the EEA, (ii) persons having professional experience of participating in unregulated schemes, being investment professionals as defined in Article 14(5) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 as amended (the "CIS Order"), (iii) persons falling within Article 22(2)(a) to (d) of the CIS Order (including high net worth companies and unincorporated associations), and (iv) persons to whom the communication may otherwise lawfully be made (together, CIS relevant persons).
Information on the Site must not be acted on or relied on by persons who are not FPO relevant persons or, insofar as the information is about non-recognised collective investment schemes and is being communicated by Sunningdale, persons who are not CIS relevant persons. Any investment or investment activity to which this Site relates may only be available to FPO relevant persons or, insofar as the information is about non-recognised collective investment schemes and is being communicated by Sunningdale, CIS relevant persons and will be engaged in only with such persons.
This Site is intended for institutions and professional advisers only unless specifically indicated otherwise. It is not intended for use by retail clients.
5. No Offer, No Advice
The Site is provided for information purposes only and does not constitute an offer or invitation to purchase or acquire any interest in an Investment Product in any jurisdiction, nor shall it form the basis of any contract for the sale of any interest in an Investment Product or a solicitation, inducement, advice or recommendation to effect any transaction of any kind whatsoever in any jurisdiction.
Potential investors should read the terms and conditions in the relevant offering materials carefully before any investment decision is made. They should also be aware that this Site may not provide all the information which is necessary or desirable to make such a decision and undertake their own due diligence.
Nothing contained on this Site constitutes investment, legal, tax or other advice or a recommendation to purchase or sell any investment. You should not rely on anything on the Site in making an investment or other decision and you should obtain relevant and specific professional advice from a person who is authorised for the purpose by the Financial Services Authority or other appropriate body.
6. Monitoring by Sunningdale and Data Protection
Your use of the services on this Site may be monitored by Sunningdale, and the resultant information (which may include personal data as defined in the Data Protection Act 1988) may be shared with its affiliates and used by Sunningdale or its affiliates for various purposes including the provision of any information you request, marketing the Investment Products, analysis of those interested in the Investment Products, record keeping and otherwise in accordance with the rules of any relevant regulatory organisation. To the extent you do not notify us otherwise, you agree to Sunningdale and its affiliates, certain of which may be outside the EEA, processing your data in this way
7. No Commercial Exploitation
Except as stated in this section 7, the copyright and other intellectual property rights in the content on this Site are owned by Sunningdale. Any use of such materials for any purpose is accordingly prohibited except as stated below.
You may not reproduce, transmit, modify, store, archive or in any other way use it for any purpose without the prior written permission of Sunningdale. In particular, you may not:
- redistribute to any other person any of the content (whether as part of any library, archive or similar service or otherwise);
- remove the copyright or trade mark notice from any copies of the content; or
- create a database in electronic or structured form by systematically downloading and storing all or any of the content.
Sunningdale disclaims all liability for any unauthorised use of the Site or its content.
8. Responsibilities of User
You are responsible for any use of the Site made by you. You undertake to use the Site in accordance with applicable law and regulation and to ensure that nothing you do whilst accessing the Site will damage the Site. In particular, you must not misuse the Site by knowingly introducing viruses or other material which is malicious or technologically harmful.
9. No Warranties and Exclusion of Liability
Whilst Sunningdale shall use reasonable efforts to obtain information from sources which it believes to be reliable, Sunningdale gives no representation or warranty, express or implied, as to the accuracy, completeness or reliability of any part of the Site or any Content. No responsibility or liability is accepted for any errors, misstatements or omissions in the Site or any of its content. In particular, but without limitation, no representation or warranty is given as to the achievement or reasonableness of, and no reliance should be placed on, any assumptions, targets, forecasts, projections, estimates or prospects with regard to the anticipated future performance of the Investment Products. Some parts of the Site or its content may reflect subjective judgement and analysis which may or may not be correct.
Sunningdale shall have no liability (whether in contract, tort or otherwise) for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with any use of this Site or reliance on any of its content.
Sunningdale is not responsible for access to, use of or linking to other websites ("Linked Websites") or for any reliance placed upon such Linked Websites.
Sunningdale cannot guarantee that the Site will be available or accessible at all times or that it will be error free and Sunningdale will not be liable for any loss caused as a result. Sunningdale is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider).
These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Sunningdale. In this paragraph 9, "Sunningdale" shall mean Sunningdale, its affiliates, each Investment Product and their respective officers, employees and agents
10. Risks and Investment Performance
The Investment Products on this Site typically use alternative investment strategies and may invest in derivatives of any kind. The prices of futures, options and other instruments in which the products may invest may fall in value as rapidly as they may rise and it may not be possible to liquidate the positions in the relevant markets before a loss is sustained. Price fluctuations may be substantial because of leverage in these underlying instruments. However, any person accessing this Site should check the risk factors set out in the offering materials relating to each Investment Product because these clarify the type of investor for which they are designed and the specific risks associated with them.
No assurance can be given that the investment objective of any Investment Product will be achieved or that substantial losses will not be suffered. The Investment Products can involve significant risks and the value of an investment may go down as well as up and may be affected by changes in rates of exchange. Past or projected performance cannot be relied on as a guide to future results.
Certain Investment Products can only be redeemed on a monthly or quarterly basis and investors redeeming before a specified date may be subject to a redemption fee. Movements in exchange rates between currencies may affect the value of an investment. Sunningdale sources index data from Datastream and Standard and Poors Micropal.
11. Material Interests
Any one of Sunningdale or its affiliates or their officers, employees or agents may have or have had an interest or holding, relationship or other arrangement with any of the Investment Products.
12. Intermediary Access
Sunningdale may from time to time provide persons with whom Sunningdale has entered into an intermediary or distribution agreement (each an "Intermediary") with links to Investment Products and ancillary subscription documentation available on a separate section of the Site (the "Product Links"). Sunningdale shall provide such Product Links to an Intermediary on the basis that such Intermediary shall in its subsequent use of such Product Links in connection with dealing with its clients and customers agree to:
- comply with the terms and conditions of the intermediary or distribution agreement with Sunningdale including, without limitation, observing the terms and conditions from time to time relating to the promotion and sale of each Investment Product whether contained in the Investment Product's offering materials or imposed by law or regulation;
- take particular note of (and act in accordance with) the relevant selling restrictions and risk factors contained in an Investment Product's offering materials and any applicable law or regulation in the country in which the Intermediary promotes the Investment Products;
- accept that Sunningdale shall hold the Intermediary responsible for compliance with applicable law and regulation (including, without limitation, any distance marketing and e-commerce law or regulation applicable to the Intermediary's activities);
- satisfy itself that the onward distribution of a Product Link provided by Sunningdale can be lawfully circulated to the Intermediary's clients and customers; and
- incorporate any suggested disclaimer or wording which Sunningdale may provide to the Intermediary for incorporation in any communication the Intermediary adopts when circulating the Product Link to its clients and customers.
13. General
If any of these Terms is or at any time becomes to any extent invalid, illegal or unenforceable for any reason, it shall to that extent be deemed not to form part of these Terms but the validity, legality and enforceability of the remaining Terms shall not be thereby affected or impaired.
Sunningdale may amend these Terms at any time. Any amended Terms will become binding on you when you first make the confirmation below after the date on which Sunningdale states the amendments will take effect. It is your responsibility to check these Terms each time you access this Site.
None of these Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Terms.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute relating to the Site shall be subject to the exclusive jurisdiction of the English courts although Sunningdale retains the right to bring proceedings against you for any breach of these Terms in any relevant jurisdiction.
14. Confirmation:
By accessing this Site, you confirm that each of the statements set out below is true and accurate.
- To the best of my knowledge, after due inquiry, I am permitted by the laws of the jurisdiction in which I am a citizen or resident (or in which I am located or established) to access this Site and any information I may request about the Investment Products;
- I am a person (or entity) of the type for which the Site and information about the Investment Products is intended as described in the Terms; and
- I have read and understood the Terms and agree to be bound by them.
