TERMS & CONDITIONS

As published: 28 September 2018

IMPORTANT

Please read these Terms & Conditions (“Terms”) carefully – they apply to your use of this website.  By proceeding to access this website you are deemed to have read and accepted these Terms. If you do not agree to all of these Terms, you should not use this website.

  1. About Merian Global Investors

Unless as otherwise set out below, www.merian.com (“Website”) is operated by Merian Global Investors (UK) Limited, (“Merian Global Investors”, “we” or “us”) and the information on this website is issued by Merian Global Investors both inside and outside the United Kingdom.

Merian Global Investors Global Investors (UK) Limited’s registered address is Millennium Bridge House, 2 Lambeth Hill, London EC4P 4WR.  Merian Global Investors is authorised and regulated by the Financial Conduct Authority, reference number 171847. This website may include information about the following funds:

Merian Global InvestorsMerian Global Investors Global Investors Series plc is an investment company with variable capital established as an umbrella fund with segregated liability between sub-funds which is authorised and regulated by the Central Bank of Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011, as amended. Registered in Ireland under registration number 271517. Registered office: 33 Sir John Rogerson’s Quay, Dublin 2, Ireland.

  1. Important Legal Information

The information on this Website is for information purposes only and does not constitute an offer or a solicitation, or a recommendation by Merian Global Investors of any security, product, or service. No investment advice, tax advice, or legal advice is provided through this website, and you agree that this Website will not be used by you for these purposes. No representation is given that shares, products, or services identified in, or accessible through, this website are suitable for any particular investor. You acknowledge that your use of this Website and any requests for information are unsolicited.

The information on this Website is approved for publication by Merian Global Investors and may include information about funds managed by Merian Global Investors.

The information on this website is not for use within any country or jurisdiction or with any persons where such use would constitute a violation of law. The presentation of Merian Global Investors products and services on this website as well as the dissemination of the given information may depend on local regulation. There is no intention to offer or sell products or services in countries or jurisdictions where such offer or sale would be unlawful under the relevant domestic law. Investors must inform themselves about the laws which are in force in their country or jurisdiction. Funds mentioned on this website are only available in jurisdictions where promotion and sales of their shares in permitted.

  1. US Persons

Merian Global Investors Global Investors Series plc is not  registered as an investment company in the United States under the U.S. Investment Company Act of 1940, as amended, and their shares are not registered under the U.S Securities Act of 1933, as amended (“Securities Act”). Shares of Merian Global Investors Global Investors Series plc are not available for purchase by “US Persons” as that term is defined under Regulation S of the Securities Act.

  1. Warranties and Representations

No warranty or representation is made in respect to the information on this Website including without limit that the information is accurate, complete or timely.  We believe that the information contained and opinions expressed on this Website are accurate at the date of publication.

  1. No Investment Advice

Nothing on this Website should be construed as investment advice by Merian Global Investors or of any other regulated activity.  An investment in a fund may not be suitable for all investors and should only be made on the basis of the prospectus and other documentation governing that fund.  This Website is not a substitute for independent professional advice and users of this Website should obtain appropriate professional advice relevant to their particular circumstances prior to making any investment decisions. The Website must not be relied upon in connection with any investment decision.

  1. General Risk Warnings

The fund prices on this Website are indicative only and should not be relied upon for dealing purposes. You should be aware that this information has not been audited or verified by an independent party.

This site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology or by discussion of strategy, plans, objectives, goals, future events or intentions. Any such forward-looking statement is based on Merian Global Investors’ expectations, assumptions, estimates and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. Merian Global Investors has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.

The value of investments and any income from them may go down as well as up and investors may get back less than the amount originally invested. Past performance is not a guide to future performance. Fluctuations in exchanges rates may affect the value of an investment and any income derived from it. Certain investments, in particular emerging markets, involve an above-average degree of risk and should be seen as long-term in nature.

The list of risk factors is not exhaustive and you should refer also to the relevant fund’s Key Investor Information Document (KIID) and prospectus for additional risk factors pertaining to that investment or relevant sub-fund. Please note that Merian Global Investors will not regard any user of this Website as its client for regulatory purposes merely because such user has visited or used this Website and will not owe any duties to any such user in accordance with the provisions of applicable laws and regulations that regulate the relationship between an authorised investment firm and its clients.

  1. Limitation of liability

BY ENTERING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN RISK AND IN NO CIRCUMSTANCES, WHETHER IN AN ACTION IN CONTRACT, TORT INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, OR OTHERWISE, SHALL MERIAN GLOBAL INVESTORS ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING ANY LOSS OF PROFITS, BUSINESS, REVENUE OR GOODWILL ARISING FROM THE USE OF, ACCESS TO OR INABILITY TO USE OR ACCESS, INTERRUPTION OR OTHER NON-AVAILABILITY OF THE WEBSITE; ITS OPERATION OR TRANSMISSION, COMPUTER VIRUSES (OR EQUIVALENT); ANY ERRORS, OMISSIONS OR DEFECTS, LOSS OF DATA OR OTHERWISE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;  STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR ANY OTHER MATTER RELATING TO THIS WEBSITE IN RESPECT OF ITS USE OR THE DOWNLOADING OR USE OF ANY MATERIAL FROM THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ARE RESPONSIBLE FOR USING YOUR OWN VIRUS PROTECTION SOFTWARE.

MERIAN GLOBAL INVESTORS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES SUFFERED BY ANY USERS ACCESSING AREAS OF THIS WEBSITE THAT ARE NOT APPROPRIATE FOR THEIR JURISDICTION OR INVESTOR TYPE.

IF YOU TRANSMIT ANY COMMUNICATION THROUGH THIS WEBSITE TO MERIAN GLOBAL INVESTORS DIRECTLY OR THROUGH ANY THIRD-PARTY INTERNET OR OTHER SERVICE PROVIDER, YOU SHALL BE RESPONSIBLE AND LIABLE FOR ANY OMISSIONS OR FAILURES THAT MAY BE MADE WHILE TRANSMITTING OR RECEIVING COMMUNICATIONS USING THIS WEBSITE. THIS WEBSITE IS NOT DESIGNED FOR THE TRANSMISSION OF TIME SENSITIVE INSTRUCTIONS OR QUESTIONS. ACCORDINGLY, IF YOU USE THIS WEBSITE TO TRANSMIT TIME SENSITIVE INSTRUCTIONS OR QUESTIONS, YOU WILL BE LIABLE FOR ANY LOSS THAT MAY ARISE, AND ANY SUCH INFORMATION IS TRANSMITTED AT YOUR OWN RISK.

THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. MERIAN GLOBAL INVESTORS MAKES NO WARRANTY THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WILL NOT BE TRANSMITTED VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE USE OF THIS WEBSITE.

MERIAN GLOBAL INVESTORS MAY HAVE ISSUED OTHER REPORTS THAT ARE NOT COMPATIBLE WITH, AND REACH DIFFERENT CONCLUSIONS FROM, THE INFORMATION PRESENTED ON THIS WEBSITE. THESE REPORTS REFLECT THE DIFFERENT ASSUMPTIONS, VIEWS AND ANALYTICAL METHODS OF THOSE WHO PREPARED THEM AND MERIAN GLOBAL INVESTORS IS NOT OBLIGED TO ENSURE THAT SUCH REPORTS ARE KNOWN TO THE USER.

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS MERIAN GLOBAL INVESTORS AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS IN RESPECT OF ANY THIRD-PARTY CLAIM FOR ANY CLAIM, INJURY, LOSS, DAMAGE, LIABILITIES OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) OCCASIONED BY OR ARISING DIRECTLY OR INDIRECTLY FROM YOUR OPERATION OR USE OF THIS WEBSITE OR YOUR SUPPLY OF INFORMATION TO A THIRD PARTY PROVIDED IN BREACH OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS.

  1. Intellectual Property

Unless otherwise indicated, Merian Global Investors owns the copyrights, trademarks, trade names and all other intellectual property rights subsisting anywhere in the world relating to the content on this Website.

You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any of the Website or the information on it, except for the purpose of accessing the Website and producing print-outs for your own personal use. Other than this, Merian Global Investors does not grant a license to this content by virtue of your use of this website.

Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of this Website may be in breach of statutory or common law rights which could be the subject of legal action. Merian Global Investors disclaims all liability which may result from any unauthorised reproduction or use of the information on this Website. All rights not expressly granted are reserved by Merian Global Investors or its licensors.

Merian Global Investors expressly prohibits linking by other websites to any part of this website other than the home page or where Merian Global Investors has otherwise expressly given permission. In addition, Merian Global Investors expressly prohibits the linking to the home page of this website in such a manner that suggests or could be understood to imply that any part of this website is part of another website and, in particular, third-parties must not frame or use other techniques to enclose any part of this website.

You may not delete or alter in any way any copyright, trade mark, intellectual property or other legal notices from any part of the Website or any information printed or downloaded from it.

All trademarks, service marks, company names or logos are the property of their respective holders.  The display of any trade names or trademarks on this Website does not imply any licence has been granted to any third party in respect of the same. Any use by you of these marks, names and/or logos may constitute an infringement of the holders’ rights.

  1. Third Party Websites

We do not recommend or endorse, and accept no responsibility for, the content of any website not operated by Merian Global Investors which you may visit by following a link from this Website. No other website, without the prior written permission of Merian Global Investors, is authorised to link to any part of this Website.

  1. Social Media

We use a number of unaffiliated social media sites, including Twitter and LinkedIn to share product and service information, thought leadership material, news, events and career information. As social media sites are public and anyone with an account can engage with us, we cannot be responsible for views expressed other than our own.

Twitter

LinkedIn

 
 

@MerianGlobal

Merian Global Investors

 

Google +

Merian Global Investors

Facebook 

Merian Global Investors

 

 

When accessing any third-party/external sites that may be linked above, you will leave the Merian Global Investors Website. These sites are not controlled or endorsed by Merian Global Investors, and Merian Global Investors is not responsible for the contents, operation or security of these sites.

These social media websites are established and hosted by third parties, and are governed by their separate website policies, including privacy policies and terms of usage. We are not responsible for their terms of use or privacy policies, or any other third party websites that may be linked to or by their pages. You use these sites at your own risk.

We reserve the right to prohibit posting on our social media pages, as well as the right to delete or edit any posted content or material for any reason and without notice. Any posting on these pages is subject to our policies of usage, as we may change them from time to time. We prohibit postings about products, investment recommendations and investment product performance. In addition, we prohibit the posting of offensive, derogatory, inflammatory or illegal comments and statements.

We reserve the right to block or remove objectionable content and users if possible, in our sole discretion and without notice. Any delay in removing or failure to remove an objectionable posting should not be deemed an endorsement or approval of the posting, and does not preclude us from taking other steps to address objectionable content, particularly where a social media website restricts us from removing content or blocking users.

We may occasionally mention a user, tweet, re-tweet or repost links to third-party sites when we think you may find that information useful. However, this does not constitute an endorsement of the company, site or individual. 

Engaging with Merian Global Investors

Our social media sites are managed and monitored. We actively monitor what people are saying to and about Merian Global Investors however we cannot respond to or engage on all issues.

If you are an Merian Global Investors client with a specific question, please contact our client services team at https://www.merian.com/contact-us/ .

If you have any concerns or complaints about our social media policy, please contact clientservices@merian.com .

  1. Changes to the Website

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to website users. Similarly, we reserve the right, in our sole discretion, to change, modify, add or remove the content of this website. You must check these Terms periodically for changes. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on this website. If you access this website after we post changes to the Terms, you accept the Terms as changed.

  1. Site Availability

Merian Global Investors does not warrant that this Website will be available at any time or that your access to this Website will be uninterrupted, timely or free from viruses or other harmful components. If this Website is unavailable, please report this by e-mailing webmaster@merian.com and we will attempt to correct the fault as soon as we reasonably can.

  1. Termination

We reserve the right to cease operating this website or to terminate your access and use of any part of this website at any time without notice and for any reason.

  1. Privacy

We collect your personal information from you when you apply for our products or carry out transactions with us. We collect information that is necessary for the provision and administration of the products or services you are seeking, and for legal and regulatory purposes. We also collect and use your personal information where necessary to improve our products and services, our business processes, and to communicate with you.

Our Privacy Notice and Cookies Policy, which form part of these Terms, contains more information about how we collect, use and share your personal information. There is also information about the rights you have over your personal data, ahd how to contact us if you have any questions. Please read the Privacy Notice and Cookies Policy carefully as it describes the types of information we may collect from you or that you may provide when you visit this Website and to whom we may disclose it.

  1. Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with English law and the courts of England shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms.

  1. Prohibited Use

Except as otherwise stated in these Terms or as expressly authorized by Merian Global Investors in writing, you must not use this Website for any unlawful, improper or illegal purpose or activity, or in a way which causes or may cause: (i) damage to the reputation of Merian Global Investors, or use the Website or website materials in any manner that could create impression of affiliate, sponsorship or endorsement by Merian Global Investors such as including “Merian Global Investors” or an Merian Global Investors trademark, or any variation of such as a meta-tag or hidden textual element; (ii) the Website to be interrupted, damaged, impaired or use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, product services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, without Merian Global Investors’s permission, provided that generally available third party web browsers may be used without such permission; (iii) a virus or malicious code to be introduced into any part of the Website; (iv) offence or detriment to any other person who uses the Website, including in any manner that would interfere with another party’s use of the Website; (v) Merian Global Investors, you or any other user of the Website to be in breach of any applicable law or regulation; or (vi) detriment to any person who supplies services to Merian Global Investors in connection with the Website, including to damage or to overburden any Merian Global Investors server or any network connected to any Merian Global Investors server, as all servers have limited capacity and are used by many people.

  1. Unauthorized Use of Content

You agree to defend, indemnify and hold harmless Merian Global Investors, affiliates and each of their respective officers, directors, employees and agents against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.

  1. System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. Merian Global Investors is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

  1. Waiver

No waiver by Merian Global Investors of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

  1. Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between Merian Global Investors and the user relating to the subject matter herein.

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