Please read the following information carefully. The information contained on this website is communicated and issued by Hawke’s Point Partners, or Hawke’s Point, in accordance with the following terms and conditions. Hawke’s Point is part of TFG Asset Management UK LLP, authorised and regulated by the Financial Conduct Authority. By accessing any part of this website, you will be deemed to have accepted the terms and conditions in this Legal Notice in full. If you do not accept these terms and conditions, please do not continue to access this website.
This website is being issued inside and outside the United Kingdom by Hawke’s Point only to and/or is directed only at persons who are professional clients for the purposes of the Financial Conduct Authority rules. The investments and investment services to which this website relates are only available to the persons referenced above and other persons should not act or rely on it.
This website is exempt from the scheme promotion restriction in Section 238 of the Act on the communication of invitations or inducements to participate in unregulated collective investment schemes on the grounds that it is targeted at only the types of persons referred to above.
No Offer or Advice
The information contained on this website is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to this website should rely for financial, securities, investment or other advice or to take any decision based on such information. Visitors to this website are encouraged to seek individual advice from their legal, financial, personal and other advisers before making any investment or financial decision or purchasing any financial, securities or investment related service or product.
Access to the information contained on this website may be restricted by laws and regulations applicable to the user. The information on this website does not constitute either an offer to sell or a solicitation or an offer to purchase in any jurisdiction in which this type of offer or solicitation is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation to do so, or at all. Accordingly, persons accessing the information on this website are themselves responsible for ascertaining the legal requirements which would affect their acquisition or sale of any securities or investment.
Accuracy of Information
Although Hawke’s Point has taken reasonable care that the information contained on this website is accurate at the time of publication, such information is provided “as is” for only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), express or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by Hawke’s Point or its affiliates. Neither Hawke’s Point nor its affiliates will be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information or for the risks inherent in the financial markets.
Information regarding the past performance of an investment is not necessarily indicative of the future performance of that or any other investment. The value of investments may fall as well as rise.
This website may include statements that are, or may be deemed to be, “forward-looking statements”. These forward-looking statements can be identified by the use of forward-looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. These forward-looking statements may include all matters that are not historical facts. They appear in a number of places throughout this website and include statements regarding the intentions, beliefs or current expectations of Hawke’s Point concerning, among other things, the investment performance, results of operations, financial condition, liquidity and prospects of Hawke’s Point. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. Forward-looking statements are not guarantees of future performance. Hawke’s Point’s actual investment performance, results of operations, financial condition and liquidity may differ materially from the impression created by the forward-looking statements contained on this website. In addition, even if the investment performance, results of operations, financial condition and liquidity of Hawke’s Point are consistent with the forward-looking statements contained in this website, those results or developments may not be indicative of results or developments in subsequent periods. Hawke’s Point does not undertake any obligation to update any of these forward-looking statements.
Limitations of Liability
To the maximum extent permitted by applicable law and regulatory requirements, Hawke’s Point specifically disclaims any liability for errors, inaccuracies or omissions on this website and for any loss (whether direct or indirect) or damage resulting from its use, whether caused by negligence or otherwise. Visitors who choose to access this website do so on their own initiative and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this website. Visitors are responsible for compliance with all local laws and regulations.
Unless otherwise expressly noted, all content included on this website, including, without limitation, images, logos, articles and other materials, are protected by copyrights, and/or other intellectual property owned, controlled or licensed by Hawke’s Point or its affiliates. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Hawke’s Point. Visitors are responsible for complying with all applicable copyright, trademark and other applicable laws. We allow visitors to make copies of this website as necessary incidental acts during their viewing of the website. Visitors can print, for their personal use, as much of the website as is reasonable for private purposes. All other use is strictly prohibited.
Visitors cannot link our website to another website without our express permission. We do not permit others to link to or frame this website or any portion thereof. We are not responsible for the security, content, or privacy policies of any other website, including any website through which visitors may have gained access to our website, or to which visitors may gain access from our website. We do not accept any liability in connection with any such websites or links. Where we provide a link to a third party’s website, we do so because we believe in good faith that such website contains or may contain material which is relevant to that on our website. The link does not signify that we have reviewed or approved the contents of the third party’s website. We have no control over the contents of third party websites, and accept no responsibility for them or from any loss or damage that may arise from your use of them.
Shares of funds managed by Hawke’s Point have not been and will not be registered under the U.S. Securities Act of 1933, as amended for offer or sale and shares of funds managed by Hawke’s Point have not been and will not be registered under the U.S. Investment Company Act of 1940, as amended. No offer to sell shares in the United States or elsewhere is made by this website nor by any information contained on this website, nor is an offer to purchase shares solicited. All sales and resales of securities in the United States or to U.S. persons must be made pursuant to an exemption from the registration requirements of the U.S. Securities Act of 1933, as amended and must be made solely to persons that are qualified purchasers, as defined in Section 2(a)(51) of the U.S. Investment Company Act of 1940, as amended. Accordingly, each purchaser will be deemed to represent that the purchaser is a qualified purchaser and is acting for its own account or the account of another qualified purchaser or the purchaser is not a U.S. person and is purchasing the securities outside the United States.
The terms and conditions of this legal notice shall be governed by and construed in accordance with the laws of the State of New York. Visitors agree that any dispute or action at law or in equity arising out of or relating to these terms or any visitor’s use of this website shall be commenced only in the state or federal courts located in New York county, New York, and visitors hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
Access and Variation
Hawke’s Point reserves the right to vary the terms of this Legal Notice from time to time by amending this page, and users should check it from time to time to note any changes made.
The Information We Collect and How We Use It
We may collect various types of information from users of this website. For example, knowing how users use our website — tracking their movement through this website — helps us improve website design and usefulness. As a result, Hawke’s Point’s server may collect general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (IP) addresses. Hawke’s Point generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website.
Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk.
Protection of Personal Information
The security of your personal information is important to us. We employ technical, administrative and physical security measures to protect any personal information you provide through this website from unauthorized access or use. You should be aware, however, that “perfect security” does not exist on the Internet, and there is always the risk that unauthorized persons may access or use your personal information. You use this website and send us such information at your own risk.
“Session based” cookie. This is essential for parts of the website to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a “session”.
“Remember me” cookie. This is a permanent cookie which can remember who you are once you have logged into the website so you are not asked to log in again for future visits. You will be asked for your consent before agreeing to the use of this function.
“Analytics” cookie. This is used to collect information about how you use our site, such as where you have come to the site from and which website pages you have visited. We use the information to help us improve the website.
Notification of Changes
You have the right to access the personal information we hold about you, and there are a number of ways you can control the way in which and what information we store and process about you.
Access: You have the right to ask for a copy of the personal information that we hold about you free of charge; however, we may charge a “reasonable fee,” if we think that your request is excessive, to help us cover the costs of locating the information you have requested.
Correction: You may notify us of changes to your personal information if it is inaccurate or it needs to be updated.
Deletion: If you think that we should not be holding or processing your personal information any more, you may request that we delete it. Please note that this may not always be possible due to legal obligations.
Restrictions on use: You may request that we stop processing your personal information (other than storing it), if: (i) you contest the accuracy of it (until the accuracy is verified); (ii) you believe the processing is against the law; (iii) you believe that we no longer need your data for the purposes for which it was collected, but you still need your data to establish or defend a legal claim; or (iv) you object to the processing, and we are verifying whether our legitimate grounds to process your personal information, override your own rights.
Object: You have the right to object to processing, including: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests.
Portability: If you wish to transfer your personal information to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Withdrawal of consent: If you previously gave us your consent (by a clear affirmative action) to allow us to process your personal information for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.