Disclaimer – Legal Information
- 1.Accessing the Website
- Certain products or investment services managed by Sabre are not generally considered suitable for private investors. Therefore, certain areas of this Website require additional confirmation that you are an appropriately experienced or qualified investor and also require possession and use of a valid password provided by us. Any user who is provided with a password should not disclose that password to any other person or allow any other person to gain access to restricted areas of the Website using that password. Users are accountable for the storage and use of their passwords. If a password becomes lost or stolen, the relevant user must contact us to cancel the password and be issued with a replacement. No unauthorised person should attempt to gain access to any restricted area of the Website. We disclaim all liability for any loss a user may suffer from access to the Website by an unauthorised person. We may also immediately suspend the provision of all or any part of this Website or block access to this Website to any user.
- 2.Recipients of Communication
- This Website is established by Sabre Fund Management Limited (“Sabre”, “we” or “us”) for and on behalf of various investment entities (the “Funds”) and is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) we would become subject to licence or registration regulations of the jurisdiction, or the publication or availability of this Website is prohibited. Persons in respect of whom such prohibitions apply must not access this Website.
- 3.Risk Considerations
- Past performance of the Funds and investments described herein cannot be relied upon as a guide to future performance. No representation or warranty, express or implied, is made regarding future performance. Opinions and/or estimates reflect a judgement at the original date of publication and are subject to change without notice. The price, value and income from any of the investments mentioned in this Website may fall as well as rise and we cannot guarantee that any capital invested will maintain or increase in value. Any views expressed within this website are those of Sabre as of the date of issue, these views may change and should not be taken as advice to invest. Any forecast, projection or target is there to provide you with an indication only and is not guaranteed in any way and we do not undertake to advise you as to any changes in our views.
- Users of this Website should seek independent financial and / or professional advice prior to making any investment decision and no information herein shall constitute general or specific investment, legal, tax or accounting advice of any kind. Should you seek to rely in any way upon any information or opinions contained within the website, you do so at your own risk.
- 4.Calculation of Performance Information
- Unless otherwise indicated, performance figures for the Funds included in this Website are net of fees and operating expenses and are unaudited.
- 5.Accuracy of Information
- While considerable care has been taken to ensure the information contained within this Website is accurate, complete, comprehensive and up to date when published, no representation, guarantee, warranty or undertaking is given by us in respect of the same and no blame is accepted for any errors or omissions in such information. In particular, we shall not be obliged to remove any outdated information from this Website or to expressly mark it as outdated. The information on this Website is subject to change without prior notice.
- To the fullest extent permitted by law we disclaim any liability to you for any loss (including but not limited to direct, indirect and consequential loss or damage) which you might suffer as a result of using this Website or on any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages no matter how such loss arises. This does not exclude or restrict any duty or liability that we have under any regulatory system where to do so would breach law or regulation. All products referred to on this Website are subject to change without notice.
- 7.No Offer or Advice
- Neither the information posted on, nor any opinions contained within pages of, this Website is intended to and does not constitute any public offer to enter into any investment services or investment transactions or to buy units in any Fund managed by Sabre, [or any of its affiliates] or an offer or solicitation or recommendation to buy or sell any securities or financial instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever. If the information and opinions contained in this Website would be categorised as constituting a public offer under the legislation of the jurisdiction from which you wish to access the Website, you must not access the Website. Units are sold by way of a private placement memorandum only. Such offer or solicitation will be made solely to Professional Investors (including Accredited Investors, Qualified Purchasers and UK Non-Retail Investors including Eligible Counterparties) and in accordance with the relevant private placement memorandum. Each Fund’s private placement memorandum contains important information which you should read carefully before investing. Any offering is made only pursuant to the private placement memorandum together with the current financial statements of the relevant Fund, if available, and the relevant subscription form, all of which must be read in their entirety. Visitors to this website are advised to seek specific advice from their independent legal, financial and tax advisors prior to making any investment in any Fund.
Units of the Funds have not and will not be registered for sale, and there will be no offering of any of the units. No offer to sell (or solicitation of an offer to buy) will be made in any jurisdiction in which such offer or solicitation would be unlawful. The information contained on this Website is not intended for distribution to anyone in any jurisdiction where such distribution is not authorised, or to any person to whom it is unlawful to make such distribution. Persons in receipt of the information contained herein are therefore required to inform themselves about and observe such restrictions.
The Funds are collective investment schemes, as defined in the Financial Services and Markets Act 2000 of the United Kingdom (“FSMA”), and no invitation or inducement to participate in any Fund may be communicated in or into the UK otherwise than in accordance with the FSMA. No Fund has been authorised or otherwise approved by the Financial Conduct Authority (“FCA”) and none is a recognised scheme (as defined in the FSMA). No application has been or is intended to be made for an authorisation order (as defined in the FSMA) in respect of any Fund. As unregulated schemes, units of the Funds cannot be promoted in the UK to the general public. The information contained on this Website is intended to be made available only to persons to whom it may lawfully be made available or passed on, and then only to restricted categories of recipients, namely investors to whom units can be promoted without contravening Sections 21(1) or 238(1) of the FSMA. Transmission of information contained herein or any private placement memorandum to any other person in the UK is unauthorised and may contravene the FSMA, and no such person shall be entitled to act upon it.
The information included in this Website has been prepared for information purposes and does not constitute any financial, investment, legal, tax or other advice or recommendation with respect to any securities or other financial instruments referred to herein, it is not tailored for any particular investor, and does not otherwise constitute, and may not be construed as, individual investment advice. You should obtain relevant and specific professional advice before making any investment decision.
- 8.General Selling Restrictions
- None of the Funds’ units have been and will not be registered under the US Securities Act of 1933, as amended (the “Securities Act”) or the securities laws of any of the states of the United States and no Fund has been, and will not be, registered under the Investment Company Act of 1940, as amended. Units in the Funds may not be offered, sold, transferred, distributed or otherwise delivered or acquired directly or indirectly for the benefit of any US Person (as defined under Regulation S promulgated under the Securities Act). The transferability of units in the Funds is accordingly restricted.
Subject to certain exceptions, the units of the Funds referred to in this Website may not be offered, sold, resold, taken up, exercised, renounced, transferred, delivered or distributed, directly or indirectly, in Australia, Canada, or Japan or to any resident or citizen of Australia, Canada, or Japan. The offer and sale of the units of the Funds referred to in this Website have not been and will not be registered under the applicable securities laws of Australia, Canada, or Japan.
- 9.Alternative Investment Fund Managers Directive 2011/61/EU
- Sabre is a sub-threshold ‘Alternative Investment Fund Manager’ (“AIFM”) for the purposes of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (the “Directive”) in respect of some of its investment funds. In common with most EU Member States, the Directive was transposed into law in the United Kingdom on 22 July 2013. AIFMs managing AIFs below the threshold set out in Article 3 of the Directive are required to be authorised or registered with the Financial Conduct Authority (“FCA”) or opt-in to the full requirements of the Directive. Sabre has not opted-in under the Directive. Sabre is categorised under the UK implementation as a “small authorised UK AIFM”. Sabre intends, in accordance with the transitional provisions provided for under the UK implementation, to become authorised for the purposes of the Directive by obtaining the relevant variation of its Part 4A FSMA permission from the FCA on or before 21 July 2014. Further information may be obtained from: firstname.lastname@example.org.
- Reverse Solicitation under the Directive
For the purposes of the Directive’s reverse solicitation provisions, if this is the first contact between you and Sabre, by selecting the “Accept” button below, you agree that (i) you have approached Sabre on an unsolicited basis and (ii) that any further access to this Website or separate approach to Sabre is at your initiative. You also agree that Sabre may, and you hereby directly invite Sabre to, contact you to explain its products and services to you in accordance with your contact details which you will provide at the ‘Request Login’ stage.
- 10.Important Information for Investors in Switzerland
- Persons who access information in this Website agree to the following terms and conditions. Any special agreements with respect to individual services or products shall be complementary to these terms and conditions, although in the event of any conflict, the provisions contained in any such special agreement shall prevail.
The Funds mentioned on this Website have not been registered with the Swiss Financial Market Supervisory Authority FINMA as foreign collective investment schemes pursuant to Article 120 of the Swiss Collective Investment Schemes Act (“CISA”). Accordingly, the interests in the Funds may not be publicly offered in or from Switzerland, and no offering or marketing materials relating to the interests in the Funds may be made available through a public offering in or from Switzerland. The interests in the Funds may only be offered and any offering or marketing materials may only be distributed, or otherwise made available, in or from Switzerland by way of private placements exclusively to qualified investors as such term is defined in the CISA and its implementing rules and regulations.
Neither the contents of this Website, nor any offering or marketing materials relating to the interests in the Funds have been or will be filed with, or approved by, any Swiss regulatory authority. The investor protection afforded to investors of interests in collective investment schemes under the CISA does not extend to acquirers of interests in the Funds.
This Website does not represent a prospectus as defined in Article 652a or 1156 of the Swiss Code of Obligations.
- 11.Important Information for Investors in the UK
- In the UK, this Website is directed only at persons who (i) have professional experience in matters relating to investments who fall within Article 19(1) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (“FPO”), (ii) are high net worth companies, unincorporated associations, etc. within Article 49 FPO or (iii) are persons to whom it otherwise lawfully may be communicated.
All persons who fall within the above categories are deemed “Relevant Persons”. Any investment or investment activity to which this Website relates is available only to, and will be engaged in only with, Relevant Persons. Any person who is not a Relevant Person should not act or rely on this Website or any of its content.
- 12.Important Information for Investors in Hong Kong
- In Hong Kong, this Website is directed only at persons who qualify as “professional investors” as defined in the Securities and Futures Ordinance (the “SFO”) and the Securities and Futures (Professional Investor) Rules made under the SFO.
The information contained in this Website does not constitute an “offer to the public” within the meaning of the Companies Ordinance, and is not an advertisement, invitation or document relating to any securities or collective investment schemes or any other investment under the SFO.
None of the funds and/or products described in this Website have been authorised by any regulatory authority in Hong Kong. Any investment or investment activity to which this Website relates is available only to, and will be engaged in only with, professional investors. Any person who is not a professional investor should not act or rely on this Website or any of its content.
- 13.Copyright, Trademarks and Other Rights
- Sabre and its associates own the copyright in the content of this Website, unless otherwise stated, with all rights reserved. You may use the information on this Website and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced (in whole or in part), distributed, modified or transmitted (by electronic means or otherwise) to any other person or incorporated in any way into another database, document or other materials without our prior written permission. Nothing on this Website should be considered as granting any licence or right under any trademark of us, our associates, or any third party.
- This Website may provide addresses or hyperlinks which lead you out of the Website to other external websites. Except to the extent to which the Website refers to our own website material, we have not reviewed any such third party websites which link to this Website or to which this Website links, and are not responsible for the content of any such third party websites or pages linked to or linking from this Website. Such addresses or hyperlinks are provided solely for your convenience and information and are completely beyond our control. Accessing such websites or following such links to any other websites or pages shall be entirely at your own risk. We do not assume any responsibility for the accuracy, completeness or legality of the contents of such websites, or for any offers or services contained therein.
- 15.Privacy and Cookies
- 16.Data Protection
- We may collect certain personal information about you such as your name, address, telephone number, email address details and other information that you submit to us on this Website, including in connection with our customer registration procedures. We use this information to ensure compliance with our regulatory obligations and for our own internal purposes.
Please note that by submitting personal information you are consenting to such information being processed for the purposes referred to above. You also agree that we have the right to use and store such data on our internal systems and to transfer it to our associated entities, whether inside or outside the European Union, 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 Union as in those within the European Union. If you have any questions on our use of your information, please contact us.
- 17.Governing Law
- This Website shall be governed by, and your browsing in and use of the Website shall be regarded as a deemed acceptance of, English law. A condition of using the Website is that, in the event of any dispute or proceeding, you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
- 18.Changes to the Website
- 19.Severability of Provisions