In these Terms, references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website. Unless otherwise defined herein, capitalised terms refer to the definition of such terms in the respective rules and regulations of the relevant jurisdiction.
This Website (and the information within it) is directed only at, and contains information about products and services which are only available to, those persons who are Professional Clients or Eligible Counterparties (as defined in the rules of the Financial Conduct Authority of the United Kingdom (the “FCA Rules”)) or Professional Investors (as defined in the Securities and Futures Ordinance of Hong Kong (“SFO”)) or Professional Clients or Professional Clients that are Market Counterparties (as defined in the Conduct of Business Module of the Rulebooks administered by the Dubai Financial Services Authority, (“DFSA”)) and to whom this Website may lawfully be directed in any relevant jurisdiction. The definitions of Professional Client and Eligible Counterparty can be found on the FCA’s website. The definition of Professional Investor can be found on the Hong Kong Securities and Futures Commission (“SFC”) website. The definition of Professional Client and Market Counterparty can be found on the DFSA website. This Website is not directed at, or made available to, Retail Clients in the United Kingdom or persons not Professional Investors in Hong Kong or Retail Clients in the Dubai International Financial Centre (the “DIFC”) or any persons resident in or having a registered office in France, Greece, Latvia, Poland or Spain. If you are in any doubt as to your status you should consult a financial adviser or contact us.
In addition to the above, this Website, and the information within it, are not directed at, or addressed to, any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. Accordingly, all persons who access this Website are required to inform themselves of, and to comply with, any such restrictions. Samena Capital and its associated companies disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation in the country of which you are a citizen or in which you are residing or domiciled.
Information on this Website
The information on this Website (“Information”) is issued by Samena Capital, a limited liability company having its domicile in the Cayman Islands. The Information includes information about certain alternative investment funds (the “Funds”) which may be managed, advised or promoted by Samena and/or its associated companies. The Information is not directed at any person in any jurisdiction where it is illegal or unlawful to access and use such Information. None of the Funds described herein have been authorised by the SFC for distribution in Hong Kong.
This Website and the Information are provided for information purposes only and do not constitute a promotion, invitation, offer or solicitation to engage in any investment activity (including to buy or sell any investment including any interest in the Funds) or a promotion, offering or placement of units or shares in the Funds.
Moreover, any potential future promotion, invitation offer or solicitation to engage in such investment activity or any potential future promotion, offering or placement of units or shares in the Funds will only be made by each of the respective Samena entities in compliance with their respective applicable regulatory regimes to the classes of persons that each such individual Samena entity may transact with, to the extent permitted by applicable regulatory requirements.
The Samena Capital group of companies includes Samena Capital Management LLP, London which is authorised and regulated by the FCA, Samena Capital Hong Kong Limited, Hong Kong which is licenced by the SFC and Samena Capital Investments Limited, Dubai (DIFC) which is regulated by the DFSA. Where appropriate, references in these Terms to Samena, or any particular Samena entity, should be treated as including a reference to the relevant company or other entity within the Samena group according to the context.
Restrictions on Access to this Website by Investors in the United States
The Information is not directed at any person in the United States and this Website is not intended to be used by any person in the United States unless those persons are existing investors in Funds and they have applicable US exemptions.
We may provide you with a username and password to access certain Information contained in this Website. You must treat this access information as confidential and you must not disclose it to any third party or allow any third party to access this Website using your username or password. You agree to notify us immediately if you suspect any unauthorised use of this Website or of your username or password.
We reserve the right to deny you access to password protected Information, or immediately to suspend or terminate your access to this Website, or to disable any username or password (whether chosen by you or allocated by us) at any time in our sole discretion.
The Information is provided for information purposes only and on the basis that you make your own investment decisions and Samena is not soliciting any action based on the Information. The Information does not take account of your particular investment objectives or financial situation. The Information does not constitute, and should not be construed as, investment advice or a personal recommendation to buy, sell or otherwise transact in any investment including the Funds. Unless separately and expressly agreed, Samena neither provides investment advice to, nor receives and transmits orders from, nor carries on any other MiFID investment services and activities for users of this Website.
In addition, nothing in this Website shall, or is intended to, constitute financial, legal, accounting or tax advice.
The Funds referred to within this Website may not be suitable investments for you and you should therefore seek professional investment advice before making a decision to invest in any of the Funds.
Any investment involves substantial risks. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund and which you should consider carefully before taking any decision to invest.
Past performance is not a reliable indicator of future performance. The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. Exchange rate changes may cause the value of overseas investments to rise or fall. The levels and bases of, and reliefs from, taxation may change. To the extent that any information on this Website refers to a particular tax treatment, such treatment depends on the individual circumstances of the investor and may be subject to change in the future.
The list of risk factors above is not complete. An application for interests in any of the Funds should only be made having fully and carefully read the relevant prospectus, the latest financial reports and other offering documents for the relevant Fund.
The Information (including any expression of opinion or forecast) has been obtained from, or is based on, sources believed by Samena to be reliable but is not guaranteed as to its accuracy, validity or completeness.
Information is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Opinions expressed represent the opinions of Samena at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), are subject to change and should not be relied on by users of this Website. Samena does not undertake to update this Website regularly.
The Information is provided “as is”. No representation, warranty or undertaking is given as to the accuracy, validity or completeness of the Information by Samena, any of its associated companies or any of its or their respective directors, partners, officers, employees or agents and no liability is accepted by such persons for the accuracy, validity or completeness of such Information. Any person who acts upon, or changes his investment position in reliance on, the Information does so entirely at his own risk.
To the extent permitted by law, Samena, its associated companies and its and their respective directors, partners, officers, employees and agents expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity. In no event will Samena, any of its associated companies or any of its or their respective directors, partners, officers, employees or agents be liable to any person for any direct, indirect, special or consequential damages arising out of any use of, or inability to use, this Website or the Information contained on it or on any other hyper-linked site including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if Samena is expressly advised of the possibility or likelihood of such damages. This does not affect Samena’s liability for any loss or damage which cannot be excluded or limited under applicable law.
Nothing in these Terms is intended to exclude or restrict any duty or liability that Samena has to its clients under the “regulatory system” in the United Kingdom (as such term is defined in the FCA Rules) or under the SFO in Hong Kong or under the legislation and Rulebooks administered by the DFSA or under any other applicable local regulatory rules which may not be excluded or restricted as a matter of applicable law.
You should be aware that the Internet is not a completely reliable transmission medium. Without prejudice to the foregoing, Samena does not 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 Samena or any of its associated companies. Any such transmission of information is entirely at your own risk and any material downloaded from this Website is downloaded at your own risk.
By accessing this Website, you agree to indemnify, defend, and hold harmless Samena, its associated companies and licensors, and the officers, directors, partners, employees, and agents of Samena and its associated companies and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to this Website or use of the Information.
Samena, its associated companies and any of its or their partners, officers and/or employees or family members may have holdings in the Funds and may otherwise be interested in transactions that you effect in connection therewith.
This Website may be linked to third party websites or contain information provided by third parties. Links to websites operated by third parties are provided for information only and do not constitute any form of advice, endorsement or recommendation of such websites or the material on them. Samena does not make any representation as to the accuracy or completeness of such websites or information, has not and will not review or update such websites or information, and cautions readers thereof that any use made of such websites or information is at their own risk. Samena does not accept any liability arising out of the information contained on any linked website or information provided by a third party and the use of such sites and information is at your own risk. The foregoing does not exclude or restrict any duty or liability that Samena has to its customers under the prevailing regulations to which it is subject in the United Kingdom.
Copyright, Trademarks and Other Rights
Copyright, trademarks, database rights, patents and all similar rights and the Information contained herein are owned by Samena, its licensors or relevant third party providers. You may use the Information and reproduce it in hard copy for your personal reference only. The Information may not otherwise be reproduced, distributed, stored or transmitted without Samena’s written consent. Nothing on this Website should be considered as granting any licence or right under any trademark of Samena or any third party.
Samena may delete or make changes to these Terms at any time. Where Samena makes any such changes to these Terms, you will be required to accept such changes in order to continue to use this Website. If you do not accept such revised Terms, you may no longer be able to access this Website.
If any provision of these Terms is found by any court or authority of competent jurisdiction to be illegal, void or invalid under the laws of any jurisdiction, the legality, validity or enforceability of the remainder of these Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
You agree that your use of this Website and any dispute arising from the use of this Website, these Terms and any non-contractual obligations arising from or connected with them, shall be governed by English law and these Terms shall be construed in accordance with English law. Your acceptance of these Terms constitutes your irrevocable submission to the jurisdiction of the English courts in connection with any matters arising out of your use of this Website or these Terms (whether arising out of or in connection with contractual or non-contractual obligations).
Privacy, Data Protection & Cookies
Samena is committed to employing reasonable steps to procure the safeguarding of the personal information which you may provide to it through this Website and, to the extent that Samena collects any personal information, Samena will hold it in confidence in accordance with the Data Protection Act 1998. In the case of persons in Hong Kong, data held by Samena Capital Hong Kong Limited will be held in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and in the case of information held by Samena Capital Investments Limited, such information is held in accordance with the Data Protection Law, DIFC Law No. 1 of 2007.
In order to gain access to the Restricted Areas of this Website, you may be asked to voluntarily provide certain personal information details about yourself such as your name, address, telephone number, email address details and other information in connection with Samena’s customer registration procedures. Samena will use this information for the administration and servicing of your investments and other related activities and to ensure compliance with its obligations under the UK, Hong Kong and the DIFC regulatory regimes. Samena may disclose the information to its agents and service providers and, upon request by them, to securities and financial regulators in the UK, Hong Kong, the DIFC and elsewhere.
Please note that by submitting personal information you are consenting to such information being retained and employed by Samena for the purposes referred to above. You agree that Samena has the right to use and store such data on its internal systems and to transfer it to its associated companies (if applicable), whether inside or outside the European Economic Area, for the purpose of providing services to you. You should also be aware that the level of protection in relation to the processing of personal data may not be the same in countries outside the European Economic Area as in the United Kingdom.
If you have any enquiries in relation to this Website or the information on it, please contact Samena at email@example.com.