Website Terms of Use
1. About Capula Investment Management LLP
www.capulaglobal.com (“our site”) is a website operated by Capula Investment Management
LLP ("we" and/or "us") and the information on our site is issued by us both inside
and outside the United Kingdom. We are registered in England and Wales registration
number OC313398 and have our registered office at 42 Portman Road, Reading RG30
1EA. Our contact e-mail address is admin@capulaglobal.com. Our main trading address
is 8 Lancelot Place, London SW7 1DR. Our VAT number is 867 4565 75. We are authorised
and regulated by the Financial Services Authority.
2. Investment information
The distribution of information contained on our site in certain countries may be
restricted by law and persons who access it are required to inform themselves and
to comply with any such restrictions. This information does not constitute an offer
or solicitation in any jurisdiction in which such an offer or solicitation is not
authorised or to any person to whom it is unlawful to make such an offer or solicitation.
Persons interested in acquiring any investment should inform themselves as to: (i)
the legal requirements within the countries of their nationality, residence, ordinary
residence or domicile for such acquisition; (ii) any foreign exchange control requirement
which they might encounter on the acquisition or sale of investments; and (iii)
the income tax and other tax consequences which might be relevant to the acquisition,
holding or disposal of any investment. We, our affiliated companies and our and
their members and/or directors, officers and/or employees may have holdings in the
investment funds referred to on our site and may otherwise be interested in transactions
that you effect in those funds.
3. Risk Factors
Past performance may not be repeated and should not be seen as a guide to future
performance. The value of the investments and the income therefrom may go down as
well as up and investors may not get back the original amount invested. You are
not certain to make money from your investments and you may lose money. Exchange
rates may cause the value of overseas investments and the income therefrom to rise
and fall. The levels and bases of and reliefs from taxation may change. Any tax
reliefs referred to are those currently available and their value depends on the
circumstances of the individual investor. Investors should consult their own tax
adviser in order to understand any applicable tax consequences. Nothing contained
on our site constitutes investment, legal, tax or other advice, nor is it to be
relied upon when making investment or other decisions. The information on our site
is provided solely on the basis that you make your own investment decisions. You
should obtain relevant and specific professional advice before making any decision
to enter into an investment transaction.
4. Sales Restrictions
The investment funds referred to on our site are not recognised collective investment
schemes for the purposes of the Financial Services and Markets Act 2000 (“FSMA”).
The promotion of such investment funds and the distribution of offering materials
in relation to such funds is accordingly restricted by law. The information on our
site is directed only at persons to whom such investment funds may lawfully be promoted
by a person authorised under FSMA (an “authorised person”) by virtue of Section
238(5) of FSMA and Annex 5 of Chapter 3 of the Financial Services Authority (“FSA”)
Conduct of Business Sourcebook. Shares in the investment funds referred to on our
site are only available to such persons and information on our site must not be
relied or acted upon by any other persons. Investors in the investment funds referred
to on our site will not benefit from the rules and regulations made under FSMA for
the protection of investors, nor from the Financial Services Compensation Scheme.
Shares in the investment funds referred to on our site are not dealt in or on a
recognised or designated investment exchange for the purposes of FSMA, nor is there
a market maker in such shares, and it may therefore be difficult for an investor
to dispose of his shares otherwise than by way of redemption. An application for
shares in any of the investment funds referred to on our site should only be made
having read fully the relevant prospectus. It is your responsibility to use such
prospectus and by making an application you will be deemed to represent that you
have read such prospectus and agree to be bound by its contents. US Persons The
information on our site is not directed at any United States person and our site
is not intended to be used by any United States person. However, to the extent a
United States person does wish to use this site, it may only be accessed by existing
and prospective clients of Capula Investment Management LLP who are qualified as
to both suitability and net worth and with whom Capula Investment Management LLP
or the investment funds it manages has a substantive pre-existing relationship.
Capula Investment Management LLP is not registered as an investment adviser under
United States law.
5. Your use of our site
These terms of use set out the terms on which you may make use of our site, whether
as a guest or a registered user, and apply to every page on our site, whether or
not such pages are individually disclaimed. Please read these terms of use carefully
before you start to use our site. By using our site, you have indicated that you
accept these terms of use and that you agree to abide by them. If you do not agree
to these terms of use, please refrain from using our site. You must NOT use our
site (or permit or procure others to use it) as follows: (A) for any unlawful, improper
or illegal purpose or activity; (B) to communicate or receive information that is
obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually
explicit or graphic nature, which promotes or incites discrimination, hatred or
racism or which might be legally actionable for any reason; (C) in a manner intended
to threaten, harass, or intimidate; (D) to violate our or any third party's copyright,
trademark, proprietary or other intellectual property rights; (E) to damage our
name or reputation or that of our affiliated companies or any third parties; (F)
to impersonate any of our employees or other person or use a false name while using
our site or implying an association with us; (G) to penetrate our security measures
or other entities' systems ("hacking"); (H) to transmit unsolicited voluminous emails
(for example, spamming) or to intercept, interfere with or redirect email intended
for others using our site; (I) to generate excessive amounts of internet traffic,
to interfere with our network or other's use of our site or to engage in activities
designed to or having the effect of degrading or denying service to users of our
site or others; (J) to introduce viruses, worms, harmful code and/or Trojan horses
onto the internet or into our site or any other entity's systems and it is your
responsibility to ensure that whatever you download or select for your use from
our site is free from such items; (K) to post or transmit information that is defamatory,
fraudulent or deceptive, including but not limited to scams such as "make-money-fast"
schemes or "pyramid/chain" letters; and/or (L) to transmit confidential or proprietary
information, except solely at your own risk. When using our site, you must comply
with all applicable local, national and international laws and regulations, including
those related to data privacy, international communications and exportation of technical
or personal data. It may be illegal to download the information contained on our
site in certain countries and we and our affiliated companies disclaim all responsibility
if you download any information from our site in breach of any law or regulation
of the country in which you reside.
6. User identification code
You will be provided with a user identification code and password to access our
site. You must treat this information as confidential and you must not disclose
it to any third party or allow any third party to access our site using your user
identification code or password. You agree to notify us immediately if you suspect
any unauthorised use of our site or of your user identification code or password.
7. Termination and suspension of access to our site
We reserve the right to deny you access to our site, or immediately to suspend or
terminate your access to our site, or to disable any user identification code or
password (whether chosen by you or allocated by us) at any time if your use of our
site (in our sole discretion) in any manner breaches these terms of use.
8. Liability for use of our site
Access to our site is permitted on a temporary basis and we reserve the right to
withdraw or amend the service we provide on our site without notice. We do not accept
any liability if for any reason our site is unavailable at any time or for any period.
The materials and information displayed on our site are provided without any guarantees,
conditions or warranties as to accuracy or completeness and are not intended to
amount to advice. We disclaim all liability and responsibility arising from any
reliance placed on such materials and information by any visitor to our site, or
by anyone who may be informed of any of its contents. The information, except as
otherwise stated, on this website has been prepared, approved and issued by us and
the information and opinions contained in our site have been compiled, or arrived
at, in good faith and on the basis of publicly available information, internally
developed data and sources believed to be reliable as at the date of publication.
However, to the extent permitted by law, we, our affiliated companies and other
third parties connected to us hereby expressly exclude all conditions, warranties,
representations and other terms which might otherwise be implied by statute, common
law or the law of equity and any liability for any direct, indirect or consequential
loss or damage of any kind incurred by any user in connection with our site or in
reliance on the information or opinions contained in it, or in connection with the
use, inability to use, or results of the use of our site or any websites linked
to it or materials posted on it. This does not affect our liability for any loss
or damage which cannot be excluded or limited under applicable law. The internet
is not a completely reliable transmission medium and neither we nor any of our affiliated
companies 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 us or any of our affiliated companies.
Any such transmission of information is entirely at your own risk. Where our site
contains links to other sites and resources provided by third parties, these links
are provided for your information only. We have no control over the contents of
those sites or resources and neither we nor any of our affiliated companies make
any representation as to the accuracy or completeness of such sites or resources
and have not and will not review or update them. Neither we nor any of our affiliated
companies accept any responsibility for sites and resources provided by third parties
or for any loss or damage that may arise from your use of them. You undertake to
indemnify and hold Capula Investment Management LLP harmless from and against all
or any claims, actions, liabilities, demands, proceedings or judgements (“Proceedings”)
brought or established against Capula Investment Management LLP and against all
losses and all reasonable costs, charges and expenses (including legal fees) which
Capula Investment Management LLP may suffer or incur (including, but not limited
to, all such losses, costs, charges or expenses reasonably suffered or incurred
in disputing or defending any Proceedings and/or in establishing its right to be
indemnified and/or in seeking advice in relation to any Proceedings) and which in
any such case arise in connection with or out of any breach or alleged breach by
you of any of your obligations and/or undertakings under these terms. This does
not exclude or restrict any duty or liability that we have to our customers under
the regulatory system in the United Kingdom.
9. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site,
and in the materials published on it. Those works are protected by laws and treaties
around the world. All such rights are reserved. You may use the materials on our
site and reproduce them in hard copy for your own reference only. Such materials
may not otherwise be reproduced, distributed, stored in a data retrieval system
or transmitted, in any form or by any means (electronic, mechanical, photocopying,
recording or otherwise) without our prior written consent. Nothing on our site should
be construed as granting any licence or right in relation to any of our trademarks
or those of our affiliated companies or any third party.
10. Law and variation
These terms of use are governed by and shall be construed in accordance with English
law. English courts will have exclusive jurisdiction over any dispute arising from,
or related to, use of our site and it is a condition of using our site that you
waive any objection to proceedings in such courts on the grounds of venue or that
proceedings have been brought in an inconvenient forum, although we retain the right
to bring proceedings against you for breach of these terms of use in your country
of residence or any other relevant country. We may revise these terms of use at
any time by amending this page. You are expected to check this page from time to
time to take notice of any changes we made, as they are binding on you.
11. Your personal data
We may collect and process the following data about you in accordance with these
terms of use: (A) information that you provide by filling in forms on our site,
including information provided at the time of registering to use our site, subscribing
to our service, posting material or requesting further services; (B) if you contact
us, we may keep a record of that correspondence; (C) we may ask you to complete
surveys that we use for research purposes, although you do not have to respond to
them; and (D) details of your visits to our site and the materials and information
that you access. for the following purposes: (1) to ensure that content from our
site is presented in the most effective manner for you and for your computer; (2)
to provide you with information, products or services that you request from us or
which we feel may interest you, where you have consented to be contacted for such
purposes; (3) to allow you to participate in interactive features of our service,
when you choose to do so; (4) to determine your suitability to be granted access
to our site; and (5) to notify you about changes to our service. 12. Disclosure
of your personal data We may disclose your personal data to our affiliated companies
outside the European Economic Area for the purposes stated above. We may also disclose
your personal data to third parties located outside the European Economic Area:
(A) in the event that we sell or buy any business or assets, in which case we may
disclose your personal data to the prospective seller or buyer of such business
or assets; (B) if Capula Investment Management LLP or substantially all of its assets
are acquired by a third party, in which case personal data held by it about its
clients will be one of the transferred assets; and (C) if we are under a duty to
disclose or share your personal data in order to comply with any legal obligation,
or in order to enforce or apply our terms of use and other agreements; or to protect
the rights of Capula Investment Management LLP, our customers, or others. By using
our site, you consent to processing of your personal data in accordance with these
terms of use and you warrant that all data provided by you is accurate.