Terms and conditions of use

Introduction

These are the terms and conditions of use for www.rockspringpim.com (Site). The Site is operated by Rockspring Property Investment Managers LLP (we, us and our). We are a limited liability partnership, registered in England. Our registration number is OC331498, and our registered office is at 166 Sloane Street, London, SW1X 9QF. We are authorised and regulated by the Financial Conduct Authority. Our VAT registration number is 839839465.

This Site includes general information about us and in doing so refers to certain funds we manage or advise (Funds).  The information is provided for general information purposes only and nothing on this Site is intended to promote the Funds to you or induce or invite you to participate in the Funds.  Nonetheless as the Funds are subject to severe marketing restrictions, information on this Site relating to the Funds is only directed at limited categories of persons in the United Kingdom and in other jurisdictions who satisfy certain criteria, as set out in these terms and conditions.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.  These terms and conditions were last updated on 15th March 2011.

 

Important information for persons in the United Kingdom

  • Nothing on this Site is intended to promote the Funds to you or induce or invite you to participate in the Funds.  The information on this Site is not intended to provide the basis of any investment decision and should not be considered as a recommendation by us, or any of our respective affiliates or any other persons, in relation to the acquisition or disposal of interests in any Fund.

The Funds are not authorised, or otherwise recognised by the Financial Conduct Authority, and are categorised as unregulated collective investment schemes within section 235 of the Financial Services and Markets Act 2000 (FSMA).  As unregulated collective investment schemes, any marketing of the Funds is severely restricted by section 238 of FSMA.

Accordingly, in order to comply with section 238 of FSMA, any information on the Site relating to the Funds is directed only at (Eligible Recipients):

  • Persons having professional experience of participating in unregulated schemes and who fall within article 14(5) (investment professionals) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001, as amended from time to time (CIS Exemptions Order). If you believe you are an investment professional, but do not have professional experience of participating in unregulated schemes, you should not rely on the communication from us;

  • High net worth bodies corporate, unincorporated associations and partnerships, trustees of high value trusts or other persons falling within article 22(2) (high net worth companies, unincorporated associations etc) of the CIS Exemptions Order being: 

a. Any body corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than:

  • If the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000

  • Otherwise, £5 million

b. Any unincorporated association or partnership which has net assets of not less than £5 million;

c. The trustee of a high value trust (being a trust where the aggregate value of the cash and investments which form part of the trust's assets (before deducting the amount of its liabilities) is (a) £10 million or more; or (b) has been £10 million or more at any time during the year immediately preceding the date on which the communication was first directed); or

d. Any person whilst acting in the capacity of a director, officer or employee of an entity falling within (i) to (iii) and whose responsibilities when acting in that capacity involve him or her in the participation by such entity in unregulated schemes;

  • Persons whom we have classified as a professional client or eligible counterparty in relation to the Fund in question; or

  • Any person to whom the communication might otherwise lawfully be made.

Any communication of inducements or invitations to participate in a Fund are directed only at Eligible Recipients and units or interests in Funds will only be available to Eligible Recipients. Communications of inducements or invitations to participate in a Fund must not be acted or relied upon by persons other than Eligible Recipients. Users of the Site who are uncertain of their status should refer to the relevant provisions indicated for their full terms and effect. Expressions of interest resulting from the materials and information on the Site will only be responded to if received from Eligible Recipients.

 

Important information for recipients in other jurisdictions

The communication of the information and materials on the Site may be restricted in certain jurisdictions and no person in any such jurisdiction may treat the Site as constituting an offer, invitation or inducement to them to enter into any investment agreement or purchase any investment referred to in such information and materials, unless in the relevant jurisdiction such an offer, invitation or inducement could lawfully be made to them.

Accordingly, the Site does not constitute an offer, invitation or inducement by anyone in any jurisdiction in which such offer, invitation or inducement is not lawful or in which the person making such offer, invitation or inducement is not qualified to do so or to anyone to whom it is unlawful to make such offer, invitation or inducement.

It is the responsibility of any persons who wish to express an interest in any of the information or materials on the Site to inform themselves of, and to observe, all applicable laws and regulations.

  • No Offer to Buy or Sell - The information contained on the Site is provided to you for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or other product that may be referenced on the Site.
  • No Recommendation - No information posted on this website should be interpreted as a recommendation or opinion that you should make any purchase or sale of a security or other product or participate in any transaction.

No Tax or Legal Advice - Nothing on the Site should be construed as rendering tax or legal advice.

 

Access to the site

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have or maybe required to register with us.

If, in the future, we decide to allow users to register on the Site, you (as a registered user) must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

 

What are you allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.

 

What are you not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site
  • Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 
  • Create links to the Site from any other website, without our prior written consent although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

 

Intellectual property rights

All intellectual property rights in the Site (including text, graphics, software, reports, downloaded materials, photographs and other images, videos, sound, trade marks and logos) and in the material published on the Site (including any reports that can be downloaded from the Site (the "Reports")) are owned by us or our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

 

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Any material on the Site may be out of date at any given time and we are under no obligation to update such material. The information on this Site is supplied solely for the purpose of providing the recipient with general background information on Rockspring and, whilst prepared in good faith, the information contained herein does not purport to be comprehensive nor has it been verified. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

You must not modify the papers or digital copies of any materials including the Reports that you have printed off or downloaded and our status as authors of the material in the Site must be acknowledged. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

Your personal information

Use of your personal information submitted via the Site is governed by our privacy policy.

 

External links

The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

 

General

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any material made available to it including:

  • Loss of income
  • Loss of business
  • Loss of profit or contracts
  • Loss of data; and
  • Loss of goodwill

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, shall be expressly excluded.

These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to info@rockspringpim.com or write to us at:

Rockspring Property Investment Managers LLP
166 Sloane Street
London
SW1X 9QF

 

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