Website Terms of Use

LAST UPDATED: 31 October 2024 

Introduction

These terms and conditions (the “Terms”) govern the access and use of the website (the “Website”) operated by Sumitomo Mitsui DS Asset Management (UK) Limited (“SMDAM UK”, “we”, or “our”) at www.smd-am.co.uk.

Please read the following terms and conditions carefully to understand the terms on which you can access and use this Website and the legal and regulatory restrictions that apply to the products and strategies offered by SMDAM UK. 

By entering this Website, you confirm that you agree to be bound by these Terms and you agree to the processing of your personal data in accordance with our Privacy Notice.  If you do not agree with these Terms and the Privacy Notice please do not use this Website. 

We may amend these Terms from time to time. If we do, we will publish the updated Terms on this Website. Such updated Terms are considered accepted and are applicable as a result of your continued access to and use of the Website. It is your responsibility to check this Website periodically for changes to these Terms.

Reference to “you” and “your” are references to any person accessing or using this Website. 

About SMDAM UK 

SMDAM UK is a private limited company registered in England and Wales (Company number: 01660184). Its registered office is 100 Liverpool Street, London EC2M 2AT, United Kingdom. SMDAM UK is authorised and regulated by the UK Financial Conduct Authority (“FCA”). SMDAM UK is entered on the FCA Financial Services Register (Firm Reference number: 115126). SMDAM UK is a UK manager of Luxembourg-domiciled and authorised UCITS funds (the “Funds”) and also manages segregated mandates for institutional clients on a delegated basis. SMDAM UK is appointed as a distributor of the shares of the Funds in jurisdictions outside of the EEA. The Funds’ management company, Kroll (Luxembourg) Management Company S.à r.l. (the “Management Company”), is the distributor of the shares of the Funds in the EEA, and can be contacted for relevant EEA distribution inquiries.

Information on this Website

Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you.  We may update the information from time to time, however, please note that no representation or warranty is made as to the accuracy, adequacy, validity, completeness or timeliness of the information on this Website.

The information on this Website is not permanent or guaranteed. We reserve the right to withdraw or remove information or material posted on this Website. We may suspend or block access to some parts of this Website, including for maintenance and legal and/or regulatory purposes. 

This Website, and the information on it, is provided for information purposes only and does not constitute an invitation, offer, or solicitation to engage in any investment activity including to buy, hold or sell any investment including any interests in the Funds and to recommend a strategy or a solution. 

No Offer or Recommendation for Products or Services

The content and information on this Website is only intended to provide information about the offerings of SMDAM UK, namely product and service offerings, which includes various investment funds, and customised solutions and separate accounts. This Website, and the information on it, is provided for information purposes only and does not constitute and shall not be construed as an invitation, offer or solicitation to engage in any investment activity including to buy, hold or sell any investment including any interests in funds, accounts or securities, or a recommendation for any services or strategies.

Past Performance

Please note that this Website contains information regarding the past performance of funds, strategies, indices, and other assets. Past performance information is not a reliable indicator of future performance and may not be repeated. An investment’s value and the income deriving from it may fall, as well as rise, due to market fluctuation. Investors may not get back the amount originally invested. 

Capital at Risk 

There are significant risks associated with an investment in any of the Funds and strategies. Investment in the Funds and strategies is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment) and you should ensure that you have fully understood such risks before taking any decision to invest. The information in this Website is merely a summary of the main aspects of the relevant Funds and strategies offered. 
For detailed information about the Funds and strategies please refer to the relevant prospectus, the key information document, the annual and semi-annual report, and other offering documents (collectively being referred to as the “Offering Documents”). The Offering Documents are the only binding basis for the purchase of investments and investment decisions should be based solely on this. Please ensure you have read carefully and understood the Offering Documents before making any investment decision. The Funds referred to on this Website may not be suitable investments for you and you are advised to seek professional investment advice before making any investment decision.

Regulatory Restrictions and Accessing this Website 

The distribution of the information, material and documentation available on this Website may be restricted by law in certain countries or as a matter of regulation. 

For example, not all Funds in relation to which information is posted on this Website are available for marketing or sale in all regions and jurisdictions, as certain Funds and/or sub-funds, and not all of them, are registered for distribution in particular jurisdictions. Access to certain areas of this Website may be blocked to certain users in certain jurisdictions. Please note that no information or material is intended for access or use in any jurisdiction where such access or use would be contrary to applicable law or regulation in such jurisdictions. All users should consider and check their eligibility to access the relevant information or material carefully. Furthermore, as a regulatory matter, SMDAM UK is appointed as the Funds’ distributor in respect of the non-EEA jurisdictions, but not in respect of EEA jurisdictions. The Management Company is appointed as the Funds’ distributor in respect of EEA jurisdictions and can be contacted in respect of relevant EEA distribution inquiries.

In order to access this Website, you have been asked to confirm the jurisdiction where you are based, namely the place of your residence as well as your investor type. By accessing this Website, you represent and warrant that you understand that certain Funds are available to certain categories of investors in certain jurisdictions and that most of the protections afforded by the regulatory system of a specific jurisdiction may not apply to an investment in the Funds and that compensation may not be available under that jurisdiction’s compensation scheme.
Please note that the material and information on this Website is not intended for U.S. Persons. Interests in the Funds are not being offered, and will not be sold, within the United States or to, or for the account or benefit of, any U.S. Person.  The term U.S. Person shall have the meaning given to it in Regulation S under the United States Securities Act of 1933, as amended, and includes, among other things, U.S. residents and U.S. corporations and partnerships.

The investor type ensures that only professional investors are able to access this Website. The material and information in this Website is not intended for retail investors. By accessing this Website, you represent and warrant that you are a professional investor or equivalent, as defined according to the following non-exhaustive list: 
-    In the European Union, a professional investor as defined in the Directive 2014/65/EU (“MiFID II”).
-    In Luxembourg, a well-informed investor as defined in the Law of 10 December 2010.
-    In Switzerland, a qualified investor as defined in the Swiss Collective Investment Schemes Act.
-    In the United Kingdom, a professional investor as defined in the FCA Handbook. 

By accessing this Website, you agree that you will not share with or provide any information available on this Website to any retail clients, as this Website and the information on it is not suitable and not intended for retail clients.
When accessing this Website, please ensure that you comply with all the applicable laws and regulations of the relevant jurisdictions.

Using this Website 

When using this Website, you must comply with all applicable international, national and local laws and regulations including those related to data protection and privacy, 
You must not attempt to gain access to areas of this Website other than those made available to users in the jurisdiction you selected. As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to, access data and information that is not intended for you.
You must not use this Website - or permit or procure others to use it - for any unlawful of fraudulent purpose, including, but not limited to, to impersonate any person or entity, interfere with or disrupt the operation of this Website, transmit any virus or harmful computer code or program, restrict the ability of any other person to access or use this Website, or remove or modify any copyright, trade mark or other proprietary rights notice from this Website.
Unauthorised use of the Website and/or unauthorised entry into SMDAM UK’s systems or misuse of any information posted to this Website is strictly prohibited.

Cookies 

When using this Website, SMDAM UK may place cookies on your device. Cookies may be used for various purposes including to make this Website work as intended, to help us understand how visitors interact with this Website, and to track visitors on this Website. We also use third party service providers some of which use cookies to deliver information to us. 
For further details as to the cookies we use, why we use them, as well as how you can manage your preference and consent to the use of the cookies, please refer to our Cookie Policy.

Personal Data 

When accessing this Website, you may provide us with personal data as defined in the General Data Protection Regulation (“GDPR”) and/or any local implementing legislation, as amended from time to time, such as your name and email address. For further details including, but not limited to, the personal data we collect and process, the basis for the processing, who we may share this information with, and how we protect this personal data, please refer to our Privacy Notice. 

You may also provide personal data to the Funds and/or the Management Company – both acting as joint controllers - in connection with the processing, managing and administering of your holdings and any related accounts on an ongoing basis. For further details regarding the purpose and legal basis of processing as well as the recipients of your personal data, please refer to the Funds Data Protection Notice.

Disclaimer of Warranty and Limitation of Liability

The information on this Website is provided “as is”. We disclaim and do not accept any liability to you in respect of this Website, your use of it, or otherwise. It is your responsibility to ensure this Website is suitable for your purposes. 

We accept no liability as to the suitability or fitness of this Website in meeting your needs and we exclude, to the extent permitted by law, all express or implied warranties, representations, conditions or terms.

We give no warranty that access to this Website will be uninterrupted, that this Website is free of viruses, or as to the accuracy, completeness, or suitability of any content and material posted or delivered via this Website or otherwise made available via this Website. 

In no event will SMDAM UK be liable to you for any special, indirect, or consequential losses or damages, or any loss of any data, profits, revenues, business or goodwill. 

Nothing is intended to exclude or limit the liability of SMDAM UK and/or the Funds for death or personal injury caused by negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law. 

Third Party Links 

This Website may include links to third party websites. These links are provided for convenience only and do not signify any form of advice, endorsement or recommendation of such websites or the material posted on them.  We do not review such third party websites and do not accept any responsibility for information contained on such websites, including the terms on which such websites are made available and the privacy policies on such websites. We make no representation, express or implied, as to the information available on such websites. If you access such websites, you do so at your own risk.

Intellectual Property 

The intellectual property rights in this Website and copyright in all material stored, displayed and accessible on this Website is owned by us or duly licensed by third parties. All such rights are reserved.

Governing Law and Jurisdiction 

These Terms and any non-contractual obligations arising from or connected with them shall be governed by, the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to hear any dispute arising from these Terms, whether arising out of or in connection with contractual or non-contractual obligations. 

Contact Us

If you have any enquiries or comments in relation to this Website or the information on it, please contact SMDAM UK at ukfrontofficesolutions@smd-am.co.jp or by using the “Contact Us” form available on the Website.