The information on this site is issued by Quality Capital Management Limited (‘QCM’ or ‘the Company’), whose registered office is at PO BOX 698 2nd Floor, Titchfield House, 69/85 Tabernacle Street, London, EC2A 4RR. QCM is registered in England and Wales with company number 03101928.
The information contained within www.qualitycapital.com (the ‘Website’) is not intended to be construed as an offer, inducement, invitation to engage in investment activity, or investment advice or recommendation, in respect of the funds or managed accounts (‘Funds ’) managed by QCM, and should not be relied upon as such by any person. You are encouraged to seek individual advice from your personal, financial, legal and other advisers before making any investment decision. Nevertheless this Website has been approved by QCM, which is authorised and regulated by the Financial Conduct Authority with firm reference number 176484.The information contained on the Website is provided for general information for persons in the United Kingdom, is not comprehensive and has not been prepared for any other purpose.
Please read the terms below carefully before using this Website. By using or visiting this Website you accept and agree to the terms of this legal notice. If you do not accept these terms, do not use this Website.
QCM may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice because it is legally binding.
You should remember that the value of investments, and the income from them, may go down as well as up, and is not guaranteed, and investors may not get back the amount of money invested. Past performance cannot be relied upon as a guide to future performance. Exchange rates changes may cause the value of overseas investments or investments denominated in different currencies to rise or fall.
These are not all the risks of an investment in QCM. Investors should take advice from their own independent, professional financial advisers before making an investment decision and are responsible for ascertaining any income tax or other tax consequences which may affect their acquisition of any investment.
QCM shall not be liable if for any reason this Website is unavailable at any time or for any period. QCM reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website including, but not limited to, the content available through the Website and your access to it.
You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not interfere with, damage or disrupt the Website or any part of it, any equipment or network on which the Website is stored or any software used in connection with the provision of the Website. You must not attack the Website via a denial-of-service attack.
While QCM takes reasonable care to minimise the risk of viruses and technologically harmful material existing on our Website, use of this Website is made at your own risk. Accordingly, QCM will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on the Website, or on any website linked to it.
Without prejudice to its other rights or remedies, QCM reserves the right to take legal proceedings against you for reimbursement of all costs and losses (on an indemnity basis) resulting from your breach of the obligations in this ‘Acceptable Use’ section, and to disclose such information to law enforcement agencies as QCM reasonably believes is necessary.
Accuracy of Information
Although QCM endeavours to ensure that the information contained within this Website is accurate at the time of publication, no representation or warranty is made as to its accuracy or completeness or fitness for any purpose. The Website may contain typographical errors or other inaccuracies, or information that is out of date. QCM is under no obligation to update such material.
The material on this Website is provided ‘as is’, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, QCM provides you with this Website on the basis that QCM excludes all representations, express or implied warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
QCM and its employees and affiliates shall not be liable for any direct or indirect loss of revenue, profit, business, data, goodwill or anticipated savings, or for any indirect, special or consequential loss or damages, suffered as a result of reliance on any information or omission on, or the use of, this Website, or for the risks inherent in financial markets.
To the maximum extent permitted by applicable law and regulatory requirements, QCM specifically disclaims liability for any errors, inaccuracies and omissions on the Website and for any loss or damage resulting from its use, whether caused by negligence or otherwise. You agree to assume responsibility for determining whether any legal or regulatory considerations limit access to or use of information, services or products described on the Website and for the use of any information on the Website.
Nothing in this legal notice shall exclude or limit QCM’s liability for a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or b) fraud or fraudulent misrepresentation; or c) any liability which cannot be excluded or limited under applicable law.
The Website may contain or be linked to websites, advice or statements of third parties and such links are for information purposes only. QCM makes no representation as to the accuracy or timeliness of such information, and has not reviewed and will not review such information. Any use of such information is made at your own risk. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website or an endorsement of any products or services that may be advertised on that third party’s website. QCM does not take responsibility for the contents of such other websites and any use of such websites is made at your own risk.
Intellectual Property Rights
Copyright QCM 2012. The contents of this Website are protected by international copyright laws and other intellectual property rights. All copyright, trademarks, designs, patents, intellectual and other property rights in the information contained herein or otherwise on this Website, are owned by QCM, its affiliates or their respective third party licensors. No rights of any kind are licensed or assigned or shall otherwise pass to persons accessing this information.
You are permitted to print and download extracts from this Website only for your personal reference in connection with use anticipated by this Website, and only provided that:
no documents or related graphics on this Website are modified or copied in any way;
no graphics on this Website are used separately from accompanying text; and
the status of QCM (and that of any identified contributors) as the author of any material on this Website is always acknowledged.
Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
Any commercial use or exploitation of this Website or its content is strictly prohibited.
If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Access to the information contained within this Website may be restricted by laws and regulations applicable to the user. The information in this Website does not constitute either an offer to sell or a solicitation or an offer to buy in a country 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 responsible themselves for ascertaining the legal requirements which would affect their acquisition of any investment, including any foreign exchange control requirements.
The Funds referred to on this Website are unregulated collective investment schemes and any promotion of the Funds will only be addressed to persons falling within the following exemptions to the restriction under section 238 of the promotion of the Funds, of the Financial Services and Markets Act 2000 (‘FSMA’):
authorised firms under FSMA and certain other investment professionals falling within article 14 of the FSMA (Promotion of Collective Investments Schemes) (Exemptions) Order 2001 (‘CIS Order’) and their directors, officers and employees acting for such entities in relation to investment;
high net worth entities falling within article 22 of CIS Order and their directors, officers and employees acting for such entities in relation to investment;
other persons who are classified as Eligible Counterparties and Professional Clients in accordance with the Rules of the Financial Conduct Authority or its successors; and
persons who receive any promotion of the Funds outside the United Kingdom.
United States of America
The Funds managed by QCM have not been and will not be registered under the US Securities Act of 1933 for offer or sale and QCM has not been and will not be registered under the US Investment Company Act of 1940. No offer to sell securities in the US or elsewhere is made by this Website, nor is an offer to purchase securities solicited. QCM provides services only to accounts of ‘qualified eligible persons’ as defined under CFTC Regulation 4.7.
Pursuant to an exemption from the Commodity Futures Trading Commission in connection with accounts of qualified eligible persons, this information, brochure or account document is not required to be, and has not been, filed with the Commission. The Commodity Futures Trading Commission does not pass upon the merits of participating in a trading program or upon the adequacy or accuracy of Commodity Trading Advisor disclosure. Consequently, the Commodity Futures Trading Commission has not reviewed or approved this this website, products, brochure or account documentation.
US Persons – Qualified Eligible Person Certification
Please ACCEPT only if at least one of the criteria below applies to you:
A natural person whose individual net worth, or joint net worth with his or her spouse, exceeds $1,000,000 and who owns securities (including pool participations) of issuers not affiliated with the undersigned and other investments having an aggregate market value of at least $2,000,000.
A partnership, limited partnership, corporation, Massachusetts or similar business trust, other than a pool, which has total assets in excess of $5,000,000, owns securities (including pool participations) of issuers not affiliated with the undersigned and other investments having an aggregate market value of at least $2,000,000, and was not formed for the specific purpose of participating in the Fund.
An employee benefit plan within the meaning of the ERISA, provided, that the investment decision is made by a plan fiduciary, as defined in section 3(21) of ERISA, which is a bank, savings and loan association, insurance company, or registered investment adviser; or that the employee benefit plan has total assets in excess of $5,000,000; or, if the plan is self-directed, that investment decisions for, or the decisions as to the types of investment alternatives under the plan are made solely by persons that are qualified eligible persons. The plan, or the individual directing the investments if the plan is self-directed, owns securities (including pool participations) of issuers not affiliated with the undersigned and other investments having an aggregate market value of at least $2,000,000.
A pool, trust, insurance company separate account or bank collective trust, which has total assets in excess of $5,000,000, owns securities (including pool participations) of issuers not affiliated with the Fund and other investments having an aggregate market value of at least $2,000,000, was not formed for the specific purpose of participating in the Fund, and whose participation in the Fund is directed by a qualified eligible person.
Not a United States Person for purposes of CFTC Regulation 4.7.
An exempt pool.
US Persons – Accredited Investor Certification
Please ACCEPT only if at least one of the criteria below applies to you:
any individual subscriber whose net worth, or joint net worth with that person’s spouse at the time of his purchase, exceeds $1,000,000 excluding the value of the primary residence (including any individual participant of a Keogh Plan, IRA, IRA Rollover Subscriber or self-directed employee benefit plan);
any individual subscriber who had an income in excess of $200,000 in each of the two most recent years or joint income with that person’s spouse in excess of $300,000 in each of those years and who reasonably expects an income in excess of the same income level in the current year (including any individual participant of a Keogh Plan, IRA or IRA Rollover Subscriber);
any corporation or company not formed for the specific purpose of making an investment in the Company, with total assets in excess of $5,000,000;
any trust, which is not formed for the specific purpose of investing in the Company, with total assets in excess of $5,000,000, whose purchase is directed by a sophisticated person, as such term is defined in Rule 506(b) of SEC Regulation D;
any ERISA Plan if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of ERISA, which is either a bank, insurance company, or registered investment adviser, or the Plan has total assets in excess of $5,000,000; or
any entity in which all of the equity owners are accredited investors under paragraphs (a), (b) or (c) above or any other entity meeting required ‘accredited investor’ standards under Rule 501 of SEC Regulation D and applicable ‘blue sky’ criteria.
As a general rule, the units in the Funds managed by QCM may not be sold, offered or delivered in any other countries without registration. The information contained on this Website is therefore not directed at specific persons, but to readers in the United Kingdom who are generally interested in QCM.
Governing Law and Jurisdiction
This legal notice and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this legal notice.
Last revised on: February 2013