Blue Noble

Terms and Conditions

Terms & Conditions of Use

Your use of the Website

In connection with your use of this website, you agree: (i) to comply with all applicable laws and regulatory requirements relating to your use of the website; (ii) that all information provided by you in connection with your use of the website is complete and accurate; (iii) that none of the information displayed on the website constitutes investment, financial or legal advice and that you are not relying on it as such and will take independent professional advice as necessary before making any investment decision; and (iv) to keep any password that may be assigned to you in order to access the website confidential; not to share such password with, or pass such password to, any other person; and to notify Blue Noble LLP if you become aware of such password being used by any other person to access the website.

Blue Noble LLP

This website has been published by Blue Noble LLP, the Firm is authorised and regulated by the Financial Conduct Authority in the United Kingdom (“FCA”), with Firm Reference Number 789552.

This website is not intended as an offer or solicitation with respect to the purchase or sale of any security. This document is not intended for distribution to, or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

This website is a marketing communication and is intended solely for distribution to professional clients, eligible counterparties and other persons to whom the Blue Noble Funds (as defined below) may lawfully be promoted under the Financial Services and Market Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 and/or Chapter 4.12 of the FCA’s Conduct of Business Rules, as appropriate.

Information on this website is confidential and may not be reproduced, in whole or in part, or delivered to any other person without the prior written consent of Blue Noble. Proprietary information is presented solely for discussion purposes. Under no circumstances should it be used, or considered, as an offer to sell, or a solicitation of any offer to buy any investment, nor shall it or the fact of its distribution or communication form the basis of, or be relied on in connection with, any contract for any investment. Any offer of investments will only be made on the basis of an offering memorandum or a prospectus in respect of such investments (containing a description of material terms of the investment and the relevant investment risks).

All opinions, projections and estimates constitute the judgment of the author as of the date published and are subject to change without notice. No representation, warranty or undertaking, express or implied, is given as to the accuracy or completeness of the information or opinions contained on this website by Blue Noble or any investment fund or account managed or advised by Blue Noble (collectively, “Blue Noble Funds” or “Funds”). Statements and analysis contained in this document are based upon a number of assumptions. Changes in such assumptions could produce materially different results.

Risk Warnings

The information presented on this website is not investment advice and does not take into consideration the investment objectives, financial situation or particular needs of any investor. Investing entails certain risks, including the possible loss of the entire principal amount invested. Prospective investors should seek their own financial, tax, accounting and legal advice in connection with any proposed investment. Users should be aware that Blue Noble is not acting for, or advising, them and is not responsible for providing them with the protections available under the UK regulatory system.

Any investor who proposes to subscribe for an investment in Blue Noble Funds must be able to bear the risks involved and must meet the respective Fund’s suitability requirements. Some or all investment programs may not be suitable for certain investors. No assurance can be given that investment objectives will be achieved.

Blue Noble’s investments may be speculative and involve a substantial degree of risk. The Funds may be leveraged and engage in other speculative investment practices that may increase the risk of investment loss. The fees and expenses typically earned by Blue Noble and its funds or affiliates may offset the Funds’ profits. The instruments in which the Funds invests may involve complex tax structures and there may be delays in distributing important tax information. The Funds are not required to provide periodic pricing or valuation information to investors with respect to its individual investments. Blue Noble is not subject to the same regulatory requirements as mutual funds. Blue Noble is subject to various other risk factors and conflicts of interest. For further information regarding the risk factors and conflicts of interest with respect to Blue Noble, please refer to the Funds’ Offering Memoranda. Inherent in any investment is the potential for loss.

Prospective investors must consider the uncertain significance of past performance in determining whether or not to invest in funds offered by Blue Noble. Investors should not substantially rely on the past record of Blue Noble’s portfolio managers as a prediction of future performance.

Changes to Terms of Use

Blue Noble reserves the right to vary or amend these Terms of Use at any time without further notice to you. Any such amendment will be displayed on the website or otherwise communicated to users, as appropriate, and will be effective upon display or communication or at such date following the date of display or communication as may be required by the laws of any applicable jurisdiction. You are responsible for regularly reviewing these Terms of Use. Your continued use of the website constitutes agreement by you to all such changes.

Intellectual Property Rights

All intellectual property rights in any content on this website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out in these Terms of Use, you are not granted any rights in respect of any intellectual property rights owned by us or our licensors.

You are given access to the content on this website on a confidential basis. You are not allowed to create links to the website from any other website without our prior written consent.

You may download the information on this website and reproduce it in hard copy for your personal use only. The information contained in this website may not otherwise be reproduced, copied, stored, transmitted or redistributed in whole or in part to any other person or incorporated in any way into another database, document or other materials, systematically or otherwise, without the prior written consent of Blue Noble. If you download, print or copy any pages or content from the website as permitted by these terms, you must ensure that any copyright, trade mark or other intellectual property rights notices contained in the content are reproduced. You acknowledge that you do not acquire any ownership rights by downloading content from the website.

Limitations of Liability

In no event will Blue Noble (or its affiliates, officers, partners or employees) be liable to you for any loss or damage of any nature (and whether arising from negligence, breach of contract or otherwise) arising from or in connection with your access to or inability to access, your use (or attempted use) of, the website or the information displayed on the website, or in the event of any failure or interruption of the website, or resulting from the act or omission of any other party involved in making the website, the data displayed on the website or the products or services offered on the website, regardless of whether or not such loss or damage was foreseeable or within the control of Blue Noble.

Data Protection & Privacy Policy

Blue Noble LLP (“Blue Noble”) collects personal data about you. Blue Noble as the controller processes your personal data in compliance with the provisions under the General Data Protection Regulation (“GDPR”), as amended from time to time (collectively “Regulation”). This Data Protection & Privacy Policy (“Policy”) explains how we use any personal data we collect about you.

1. What Personal Data do we collect?
“Personal Data” is any information relating to you or that we can otherwise link to you. The Personal Data we collect include your name, postal address, e-mail address, phone and fax number, company name, company structure, job title and business affiliations.

2. How do we collect your Personal Data?
We collect personal data that you voluntarily provide to us, for example when (i) you communicate with us via e-mail or other channels, (ii) when you sign up for or ask us to send you fact sheets, newsletters or other (non-marketing) materials and/or (iii) when you sign up for an event. In some cases your Personal Data has been supplemented by information retrieved from other sources, including searches via publically available search engines, sector-specific newsletters, social media and your employer’s website, for the purpose of confirming your current professional position.

3. How do we use your Personal Data?
We use the Personal Data we collect for communication purposes, including: (i) to send you fact sheets, newsletters and other information about Blue Noble; (ii) to send you invitations to events and conferences; and (iii) to maintain our list of contacts. We do not make your Personal Data available to any third party.

4. Why do we process your Personal Data and on what legal basis?
As set out above we process your Personal Data for communication purposes. We rely on our legitimate interests in maintaining business relationships and communicating with you as a business contact, about Blue Noble’s activities and events. We consider that our legitimate interests are in compliance with the Regulation and your legal rights and freedoms.

5. Where is your Personal Data stored?
Blue Noble is a UK company and all your Personal Data is processed and stored on servers in Switzerland.

6. How long do we keep your Personal Data?
Your Personal Data will be saved for the specified purposes mentioned above for as long as you are a business contact to us. Your personal data will be deleted when it is no longer reasonably required for the specified purposes mentioned above or you withdraw your consent (where applicable) and we are not legally required or otherwise permitted to continue storing such data. You can unsubscribe at any time, if you no longer wish to receive communications and invitations from Blue Noble. If you choose to unsubscribe, we will cease to send you such communication and invitations as mentioned above.

7. Data Security
Blue Noble has implemented appropriate technical and organisational security measures to help protect your Personal Data against loss and to safeguard against access by unauthorised persons.

8. Your Rights
You have the right to know what Personal Data we process about you and may request a copy. You are also entitled to have incorrect Personal Data about you corrected and you may in some cases ask us to delete your Personal Data. You can also object to certain Personal Data about you being processed and request that processing of your Personal Data be limited. Please note that the limitation or deletion of your Personal Data may mean we will be unable to provide the communications and invitations described above. You also have the right to receive your Personal Data in a machine-readable format and have the data transferred to another party responsible for data processing. If you disagree with how we process your Personal Data, you are also entitled to report this to UK Information Commissioner’s Office (“ICO”) and/or to other the competent supervisory authorities in the EU.

9. Updates to this Data Protection & Privacy Policy
This Data Protection & Privacy Policy was last updated in May 2018. We reserve the right to update and change this Policy from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any such changes, we will post the changed Data Protection & Privacy Policy on our website or publish it otherwise. The changes will take effect as soon as they are posted on this website.

10. How to contact us
If you have any questions about how we process your Personal Data, please feel free to contact us at dataprotection@bluenoble.co.uk

Cookies

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

Complaints

You should contact us immediately if you are dissatisfied with any aspect of the advisory or management services provided to you by Blue Noble LLP.

Please write to:

The Compliance Officer
Blue Noble LLP
12 Hay Hill, Mayfair
London, W1J 8NR

Telephone: 0207 952 5247

We take every complaint seriously and your complaint will be handled in accordance with the relevant FCA rules, which may differ depending upon your status, although note that it is Blue Noble LLP’s policy to aim to resolve every complaint fairly and in a timely manner. Blue Noble LLP has a written internal complaints handling policy, as required by the FCA Rules. You can obtain a copy of this on request, and in the event you should have cause for complaint about advisory or management services which Blue Noble LLP provides to you, a copy of the policy will be sent.

In the event we fail to resolve a complaint to your satisfaction, or if we fail to do so within eight weeks of receiving your complaint, you may also be entitled to refer your complaint to:

The Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9SR.
Telephone: 0800 023 4567
or at www.financial-ombudsman.org.uk.

Governing Law and Dispute Resolution

These Terms of Use of this website are governed by and construed in accordance with English law and you consent to the exclusive jurisdiction of the courts of England in relation to any dispute of any kind.

Commitment to the UK Stewardship Code

Under Rule 2.2.3R of the Financial Conduct Authority’s (“FCA”) Conduct of Business Sourcebook, Blue Noble LLP (“Blue Noble”), to the extent it is managing investments for a professional client (as defined by the FCA), is required to include a disclosure about the nature of its commitment to the UK Financial Reporting Council’s Stewardship Code (the “Code”) or, where it does not commit to the Code, explain its considered choice based on the Blue Noble’s investment approach. The Code is a voluntary code and sets out a number of principles relating to engagement by investors in UK-listed companies.

Blue Noble generally supports the objectives that underlie the Code, however the nature of the financial instruments it uses to execute its investment strategy do not allow it to formally engage with investee companies through voting rights. Blue Noble has therefore chosen not to commit to the Code at this time.

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