Pacific Assets Trust site terms and conditions
All policiesPacific Assets Trust Public Limited Company
Access to the Pacific Assets Trust Public Limited Company website, available at www.pacific-assets.com (the "Website") including, but not limited to, the text, documents, images, links, sounds, graphics, and video sequences displayed on the Website (the "Materials"), is subject to the following terms and conditions, including the policies referred to therein (the "Terms and Conditions").
The Website and the Materials have been prepared for use solely by individuals who are resident in the United Kingdom for tax and investment purposes or are professional investors in Ireland. The Website and the Materials are not for release, publication, or distribution, directly or indirectly, in whole or in part, to US persons (as defined in Regulation S under the US Securities Act of 1933) ("US Persons") or into or within the United States (including its territories and possessions, any state of the United States and the District of Columbia), Australia, Canada, Japan, the Republic of South Africa or any other jurisdiction where to do so would constitute a violation of the relevant laws or regulations of such jurisdiction.
By clicking "I Agree" and entering the Website you represent, warrant and agree: (a) that you have read and understood the Terms and Conditions set out below and other information set out above; (b) to be bound by the Terms and Conditions set out below (and acknowledge that Pacific Assets Trust Public Limited Company and its affiliates, subsidiaries, directors and advisers may rely on your agreement); (c) that you are permitted under applicable laws and regulations to receive the information contained in the Website; and (d) that you will not transmit or otherwise send any information contained in the Website or the Materials to any person in the United States, to any US Person, or to any publication with a general circulation in the United States or into or within any other jurisdiction in which it may be contrary to applicable laws.
Terms and Conditions
The use of www.pacific-assets.com (this "Website") is subject to the following terms and conditions.
Overview
This Website contains information about Pacific Assets Trust Public Limited Company (the "Company"). The Company is an investment company within the meaning of section 833 of the Companies Act 2006 and is incorporated in Scotland with registered number SC091052. The Company’s shares have been admitted to the Official List of the Financial Conduct Authority and admitted to trading on the main market of the London Stock Exchange plc. The Company is an alternative investment fund for the purposes of the UK version of the Alternative Investment Fund Managers Directive (as it forms part of UK law pursuant to the European Union (Withdrawal Act 2018, as amended) ("AIFMD") and has appointed Frostrow Capital LLP ("Frostrow") as alternative investment fund manager. Frostrow has delegated certain portfolio management responsibilities to First Sentier Investors (UK) IM Limited (registered company number SC047708) ("FSI UKIM") which is authorised and regulated by the Financial Conduct Authority under registration number 119367 and whose registered office is at 23 St. Andrew Square, Edinburgh, Midlothian, EH2 1BB. FSI UKIM has further delegated certain portfolio management activities to First Sentier Investors (Australia) IM Limited ("FSI AIM") and First Sentier Investors (Singapore) ("FSI SG"). FSI UKIM, FSI AIM and FSI SG are all part of First Sentier Investors, part of Mitsubishi UFJ Financial Group, a global financial group.
This Website and the materials contained on this Website including, but not limited to, the text, documents, images, links, sounds, graphics, and video sequences displayed therein (the "Materials") have been prepared for use solely by individuals who are resident in the United Kingdom for tax and investment purposes or are professional investors in Ireland. The Website and the Materials are not for release, publication, or distribution, directly or indirectly, in whole or in part, to US persons (as defined in Regulation S under the US Securities Act of 1933 (the "Securities Act")) ("US Persons") or into or within the United States (including its territories and possessions, any state of the United States and the District of Columbia), Australia, Canada, Japan, the Republic of South Africa or any other jurisdiction where to do so would constitute a violation of the relevant laws or regulations of such jurisdiction.
In particular, the Website and the Materials do not constitute an offer of securities for sale or a solicitation of an offer to purchase securities in the United States or in any jurisdiction in which such an offer or solicitation would be unlawful. The securities referred to in the Website and the Materials have not been and will not be registered under the US Securities Act, or with any securities regulatory authority of any state or other jurisdiction of the United States, and may not be offered, sold, resold, pledged, delivered, distributed or otherwise transferred, directly or indirectly, into or within the United States, or to, or for the account or benefit of, US Persons. No public offering of the securities referred to in the Website and/or the Materials is being made in the United States. The Company has not been and will not be registered under the US Investment Company Act of 1940 (the "Investment Company Act") and, as such, holders of the securities referred to in the Website and/or the Materials will not be entitled to the benefits of the Investment Company Act. No offer, sale, resale, pledge, delivery, distribution or transfer of the securities referred to in the Website and/or the Materials may be made except under circumstances that will not result in the Company being required to register as an investment company under the Investment Company Act. The securities referred to in the Website and/or the Materials have not been and will not be registered under the applicable securities laws of Australia, Canada, Japan, the Republic of South Africa or any other restricted jurisdiction. There will be no public offering of the securities referred to in the Website and/or the Materials in Australia, Canada, Japan, the Republic of South Africa or any other restricted jurisdiction. The securities referred to in the Website and/or the Materials may not be offered, sold, resold, pledged, delivered, distributed or otherwise transferred, directly or indirectly, into or within Australia, Canada, Japan or the Republic of South Africa or to any national, resident or citizen of Australia, Canada, Japan or the Republic of South Africa. Potential users of this information are requested to inform themselves about and to observe any such restrictions.
The Website and/or the Materials may contain forward looking statements. Any statement other than a statement of historical fact is a forward looking statement. Actual results may differ materially from those expressed or implied by any forward looking statement. The Company does not undertake any obligation to update or revise any forward looking statements, whether as a result of new information, future events, or otherwise. You should not place undue reliance on any forward looking statement, which speaks only as of the date of its issuance.
The Website and the Materials are subject to change without prior notice and are not to be reproduced, copied or otherwise made available to persons other than those for whom it is intended, especially anyone outside the UK for tax or investment purposes (except professional investors in Ireland), without the prior written consent of the Company.
The Website is a financial promotion and its contents have been issued and approved by FSI UKIM. FSI UKIM is authorised and regulated in the United Kingdom by the Financial Conduct Authority. Any comments expressed reflect the views of FSI UKIM and should not be taken as any kind of recommendation or advice.
If you are in any doubt about any of the information within the Website and/or the Materials, please consult your independent financial adviser or other such adviser authorised to give investment advice.
If you have any enquiries in relation to the Website and/or the Materials, please contact [email protected]
1. General
1.1. The terms and conditions set out below apply to your use of the Website.
1.2. The "Company" means Pacific Assets Trust Public Limited Company and any of its subsidiaries and related companies.
1.3. By clicking and entering the Website you agree with the Company and First Sentier Investors (UK) IM Limited ("FSI UKIM") that you have read and agree to be bound by these terms and conditions (and acknowledge that the Company and FSI UKIM and their respective affiliates, subsidiaries, directors and advisers may rely on your agreement). If you do not agree, do not use the Website. The information in the Website and the Materials is only for the attention of individuals who are resident in the United Kingdom for tax and investment purposes or are professional investors in Ireland. It is your responsibility to be aware of and to observe all applicable laws and regulations in the United Kingdom and Ireland.
1.4. No information contained in the Website or the Materials should be taken as a recommendation to buy, sell, or hold the shares of any entity. Nothing in the Website or in the Materials constitutes or is intended to constitute financial or other advice and you should not act upon any information contained in the Website or in the Materials without first consulting a financial or other professional adviser.
1.5. The Website is not intended to offer or to promote the offer or sale of the shares in the Company (the "Shares") in the United States or to US persons (as defined in Regulation S under the US Securities Act of 1933 (the "Securities Act")) ("US Persons"). Each acquirer of the Shares will be deemed to represent, amongst other things, that (i) it is not in the United States, (ii) it is not a US Person or acquiring the Shares for the account or benefit of a US Person, and (iii) it is acquiring the Shares in an "offshore transaction" meeting the requirements of Regulation S under the Securities Act.
1.6. The Shares may not be acquired or held by, or transferred to, (i) an "employee benefit plan" as defined in Section 3(3) of the US Employee Retirement Income Security Act of 1974, as amended ("ERISA"), that is subject to Title I of ERISA; (ii) a "plan" as defined in Section 4975 of the US Internal Revenue Code of 1986, as amended (the "US Tax Code"), including an individual retirement account or other arrangement that is subject to Section 4975 of the US Tax Code; (iii) an entity which is deemed to hold the assets of any of the foregoing types of plans, accounts or arrangements that is subject to Title I of ERISA or Section 4975 of the US Tax Code; or (iv) a governmental, church, non-US or other employee benefit plan that is subject to any federal, state, local or non-US law that is substantially similar to the provisions of Title I of ERISA or Section 4975 of the US Tax Code, and whose purchase, holding, or disposition of the Shares would constitute or result in a non-exempt violation of any such substantially similar law.
2. Privacy Notice
Please see the Privacy Notice for information relating to how the Company processes your personal data. In agreeing to these terms and conditions you agree to the terms of the Privacy Notice.
3. Limitation of liability
3.1. Use of the Website and the Materials is at your sole risk. The Company and its affiliates, subsidiaries, directors and advisers will not be liable to any person for any direct, indirect, special or consequential, losses, damages, or awards of any kind, howsoever caused, as a result of the use of or inability to use, or reliance on, the Website or any of the Materials. To the maximum extent permitted by law, the Company and its affiliates, subsidiaries, directors and advisers exclude all warranties, conditions, terms, undertakings, and representations (excepting fraudulent misrepresentation) of any kind, express or implied, statutory or otherwise in connection with the Website and the Materials. Nothing in these terms and conditions shall be taken to limit or exclude any liability which may not otherwise be limited or excluded under applicable law.
3.2. Nothing in the Website should be construed as investment, tax, legal, or other advice, nor is it to be relied upon in making an investment decision. Those accessing the Website should consult their financial advisers regarding the suitability of any of the products referred to on the Website and/or in the Materials. The value of investments and the income from them may go down as well as up and an investor may receive back significantly less than the original investment. Past performance is not a reliable indicator of future results.
4. Disclaimer
4.1. The Materials and the Website are provided on an "as is" and "as available" basis and do not purport to be full or complete. The Company gives no warranties (express, implied, or statutory) as to satisfactory quality or fitness for purpose of the Materials, including, without limitation, as to the accuracy, validity, timeliness, merchantability, or completeness of any information or data contained therein (whether prepared by the Company or by any third party), or that any of the Materials or the Website will be provided uninterrupted or free from errors or that any identified defect will be corrected. The Company has the right to suspend or withdraw the provision of all or any of the Website or the Materials without prior notice at any time. You are entirely responsible for your use of the Website and for the consequences of relying on any content. Further, no warranty of any kind is given that the Website and the Materials are free from any virus or other malicious, destructive, or corrupting code, program, or macro. The Company does not warrant that the Website or the server(s) that make(s) it available are free of any virus or other harmful elements.
4.2. To the maximum extent permitted by law, the Company and its affiliates, subsidiaries, directors and advisers disclaim all liability to you arising out of your use of the Website and/or the Materials. In particular, the Company and its affiliates, subsidiaries, directors and advisers shall not be liable for any direct or indirect loss or damage to you, any loss of profits, loss of business, revenue, data, goodwill, or anticipated or consequential loss or damage.
4.3. Reference in the Website and/or the Materials to any hypertext link, product, process, or service does not imply the Company’s support for, or endorsement or recommendation of the provider thereof or the product, process, or service to which reference is made. The Website may contain hypertext links to other websites, resources, or other third parties. The Company is not responsible for the availability of, and accepts no liability in relation to, these external websites or their contents. The Company is not a sponsor, partner, promoter, or publisher of any such website.
5. Copyright and trademarks
5.1. The Materials are the copyright of FSI UKIM and/or the Company and their respective third-party licensors and may not be copied, distributed, uploaded, posted, republished, decompiled, disassembled, reverse-engineered or transmitted in any way without the prior written consent of FSI UKIM or the Company (as applicable). You may, however, download one copy of the Materials for your personal use or use within the organisation in which you work on condition that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Materials or alter the way in which they are presented. Modification or use other than as permitted above violates the Company’s or FSI UKIM's (as applicable) intellectual property rights in the Materials.
5.2. The trademarks, service marks, and logo used and displayed on the Website and Materials are registered and unregistered trademarks of FSI UKIM, the Company and others. The intellectual property rights in the “Pacific Assets Trust” name and logo are owned by the Company. Nothing in these terms and conditions or on the Company’s website should be construed as granting any licence or right to use any trademark displayed on the Website. The Company and FSI UKIM enforce infringements of their intellectual property rights to the fullest extent permitted by the law.
6. Governing law
The agreement between you and the Company and FSI UKIM relating to your use and browsing of the Website is governed by and shall be construed in accordance with the laws of England and Wales and you agree that the Courts of England shall have exclusive jurisdiction over any disputes arising in relation to such use and browsing. The Company and/or FSI UKIM may delete or make changes to these terms and conditions at any time. When the Company and/or FSI UKIM makes any such changes to these terms and conditions, you will be required to accept such changes in order to continue to use the Website. If you do not accept such revised terms and conditions, you may no longer be able to access the Website and the Materials. Your access to the Website and the Materials is governed by the version of these terms and conditions then in force.
7. Use of cookies
The Website uses cookies. Please refer to the Cookies Policy for details.
8. Jurisdictional restrictions
The Materials that you are seeking to access are not directed at and may not be viewed by or distributed to persons who are resident outside the United Kingdom (except for professional investors in Ireland), including but not limited to persons who (i) are in the United States or who are, or are acting for the account or benefit of, US Persons; or (ii) are in a jurisdiction where it is not lawful to access the Materials.
