By accessing and using the www.gmlcapital.net website and any pages thereof (hereafter, the “Website” you acknowledge that you have reviewed, understand and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access or use this Website in any way.
2. Recipients of Communication
This Website is created by GML Capital (hereafter, “GML”, “we” or “us”) for and on behalf of ourselves or various investment entities (hereafter, “Funds”). The Website offers certain information about the approach of GML to providing investment services. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or in which GML does not hold any necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use this Website.
3. Risk Considerations
Investment in the Funds may not be suitable for all investors. Past performance of the Funds and investments described herein cannot be relied upon as a guide to future performance. No representation or warranty, expressed or implied, is made regarding future performance. Opinions and/or estimates reflect a judgment 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.
We will not treat users of this Website as our clients by virtue of them accessing it. Users of this Website should seek independent financial 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.
4. Accuracy of Information
The information contained within this website is published in good faith but no representation, warranty or undertaking is given by us that the information contained in this Website is accurate, complete, comprehensive, or up to date, and no liability is accepted by us for such information. In particular, we shall not be obliged to remove any outdated information from this Website or to expressly mark it as outdated. In no event will we be liable to any person for any direct, indirect, special or consequential damages arising out of any use of the information contained on 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. 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.
Furthermore, we disclaim all liability for any tampering with users’ computer systems by unauthorised parties. In this regard, we expressly remind users of the risk of viruses and the possibility of targeted attacks by hackers. In order to combat viruses, it is recommended that the most recent browser versions be used, and that anti-virus software be installed and continually updated. Users bear sole responsibility for assessing the compatibility of their computer systems with the information and files contained herein and we disclaim all liability for any damage caused to their systems through the accessing of this Website or its content.
5. No Offer or Advice
Neither the information nor any opinions contained in this Website constitutes a public offer under any applicable legislation 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. The information included in this Website does not constitute any advice or recommendation with respect to any securities or other financial instruments referred to herein, is not tailored for any particular investor, and does not otherwise constitute and may not be construed as individual investment advice.
6. Important Information for Investors in the UK
In the UK, the funds described on this website are classified as Unregulated Collective Investment Schemes ("UCIS"). The promotion of UCIS either within the UK or from the UK is severely restricted by statute. Consequently, this document is only made available to persons of a kind to whom UCIS may lawfully be promoted by virtue of Section 238(5) of the Financial Services and Markets Act 2000 and COBS 4.12.1R. Any person to whom UCIS cannot be lawfully promoted should not act or rely on this Website or any of its content.
To the extent that material on this Website is issued in the UK, it is issued for the purposes of the Financial Services and Markets Act 2000 by GML Capital LLP, which is authorized and regulated by the UK Financial Conduct Authority.
7. Passwords and Security
Access to any password-protected portion of the Website requires that a user obtain a username and password from GML. In consideration of being granted a username and password and permitted access to certain portions of the Website, you hereby acknowledge having read and understood this Legal Notice and agree to be bound thereby. Subsequent use of any username and password issued by GML shall be deemed to constitute full acceptance and understanding of these Terms and Conditions. Any use of or action taken under your password on the Website and maintaining the confidentiality and security of your password is your sole responsibility. In addition, full responsibility for all activity conducted through your account is your sole responsibility, and you hereby release GML from any and all liability concerning such activity. You must immediately notify GML of any actual or suspected loss, theft or unauthorized use of a user’s username or password. GML has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above.
Please note that when using any Internet facility (such as this Website), data is transported over an open network that is accessible to third parties and may not be secure and there is a risk that information may be corrupted or interrupted during transmission or that any encryption technology may not provide complete protection. Data is also regularly transmitted across international borders. This also applies to data transfers where both the sender and recipient are located in the same country.
No person that has not been granted authorisation should attempt to gain access to the password protected portions of the Website.
8. Copyright, Trademarks and Other Rights
We and our associates own the copyright in the content of this Website, unless otherwise stated. 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, distributed or transmitted to any other person or incorporated in any way into another database, document or other materials without our 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. Except to the extent to which the Website refers to our own website material, we have not reviewed any such websites which link to this Website or to which this Website links, and are not responsible for the content of any other 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 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.
Hyperlinking by other sites to any part of this Website are prohibited, unless (i) the hyperlink is to the homepage or (ii) we have provided express permission.
10. Privacy and Cookies
11. Data Protection
If you go through the registration process, we will 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. 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, 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.
Use of this Website shall be governed in accordance with the laws of England. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
You shall be liable to us for any loss, liability or cost we suffer as a result of your use of the Website or any breach of these terms. You agree to indemnify, defend and hold harmless us and our agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Website; (b) your breach of these terms; or (c) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights. This obligation survives the termination of these Terms and Conditions.
GML reserves the right to change these Terms and Conditions without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any additional or modified terms and conditions applicable to this Website, which additions and modifications can be made at any time, without notice.
This Website and access to it can be terminated at any time, with or without notice, and for any reason. Termination of your access to and use of the Website does not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to GML.
These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. GML may assign these Terms and Conditions in whole or in part at any time without your consent. Your obligations contained in these Terms and Conditions shall not be assigned or delegated. Any purported assignment of the Terms and Conditions in violation of its terms shall be void.
17. No Waiver of Rights
No failure of either party to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
If any portion of any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Headings used in these Terms and Conditions are for convenience only. They do not constitute part of these Terms and Conditions.