Pensato Capital

Disclaimer

Please read this important information before proceeding. It contains legal and regulatory notices relevant to the information on this site.

The information within this site is issued by Pensato Capital LLP ("Pensato") for information purposes only. Pensato Capital LLP is authorised and regulated by the UK Financial Conduct Authority. Most if not all of the protections provided by the United Kingdom regulatory structure will not apply to investments in the Fund detailed within this site. This site does not constitute an offer by Pensato to enter into any contract or agreement nor is it a solicitation to buy or sell any investment. Content relating to Unregulated Collective Investment Schemes (Hedge Funds) is aimed solely at investors who meet the Financial Conduct Authority ("FCA") definitions of Eligible Counterparty or Professional Client or fall into one of the categories of person listed in the FCA's Conduct of Business Rules, Rule 4.12.1R(4). Information on unregulated collective investment schemes on this site is unsuitable for, and should not be relied upon, by any person who does not meet the above-mentioned qualifying categories. Specifically, this site is not intended for those investors who would be categorised as Retail Customers.

The information below explains the legal and regulatory restrictions in relation to the Pensato Capital LLP website. If you accept the conditions below and wish to enter the website, this page constitutes a binding legal agreement.

Please read these terms carefully; they may be subject to change without notice. By accessing any page of this website, you agree to be bound by the terms. If you do not agree to the terms, please exit the website. This page is designed to filter out unsuitable categories of investor from accessing the site and, as such, Pensato cannot be responsible for any misrepresentations you may make in gaining unauthorised access to the site.

These terms may be amended without notice to you. Your continued use of the website following any changes will mean that you accept such changes.

Your use of the Site

This legal notice sets out the terms on which you may make use of the site, whether as a guest or a registered user, and applies to every page on the site, whether or not such pages are individually disclaimed. 

You must NOT use the site (or permit or procure others to use it) as follows:

  • for any unlawful, improper or illegal purpose or activity;
  • to communicate or receive information that is obscene, indecent, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
  • in a manner intended to threaten, harass, or intimidate;
  • to violate Pensato's or any third party's copyright, trademark, proprietary or other intellectual property rights;
  • to damage Pensato's name or reputation or that of our affiliated companies or any third parties;
  • to impersonate any of our employees or other person or use a false name while using our site or implying an association with us;
  • to penetrate our security measures or other entities' systems ("hacking");
  • to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using our site;
  • to generate excessive amounts of internet traffic, to interfere with our network or other's use of our site or to engage in activities designed to or having the effect of degrading or denying service to users of our site or others;
  • to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into our site or any other entity's systems and it is your responsibility to ensure that whatever you download or select for your use from our site is free from such items;
  • to post or transmit information that is defamatory, fraudulent or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
  • to transmit confidential or proprietary information, except solely at your own risk.

When using the site, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on our site in certain countries and we and our affiliated companies disclaim all responsibility if you download any information from our site in breach of any law or regulation of the country in which you reside.

User Identification Code

You may be provided with a user identification code and password to access parts of this site.  You must treat this information as confidential and you must not disclose it to any third party or allow any third party to access the site using your user code or password.  You agree to notify Pensato immediately if you suspect unauthorised use of the site or of your user identification code or password.

Termination and Suspension of Access to Site

We reserve the right to deny you access to the site, or immediately to suspend or terminate your access to the site, or to disable any user identification code or password (whether chosen by you or allocated by us) at any time if your use of the site (in our sole discretion) in any manner breaches these terms or for any other reason.

Content of Web Site

By proceeding you agree, so far as this is permitted under the provisions of the UK regulatory system, to the exclusion by us of any liability, including without limitation that arising from any loss of profit or any other damage direct or consequential, in respect of any errors and/or omissions by us and/or any relevant third parties in respect of the content. The contents of this website are based upon sources of information believed to be reliable. However, save to the extent required by applicable law or regulations, no guarantee, warranty or representation (express or implied) is given as to its accuracy or completeness and, Pensato and members, officers and employees of Pensato and/or its related companies do not accept any liability or responsibility in respect of the information or any views expressed herein. This website may include forward-looking statements that are based upon our current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements. If you have accessed this site using a link from another site, Pensato does not accept any liability or responsibility for the accuracy of information contained within the sites of other providers who have links to any pages of this site or to whom this site is linked.

Investment Risk

There are significant risks associated with investment in the Fund outlined in the site. Investment in the unregulated scheme on this site is intended for sophisticated investors who can accept the risks associated with such an investment including a substantial or complete loss of their investment. Such schemes are permitted to and use gearing as an investment strategy. The effect of such gearing is that movements in the price of the schemes may be more volatile than the movements in the prices of their underlying investments.

Past performance is not a guide to future performance. The value of investments and any income derived from them can go down as well as up and the value of an investor's investment may be extremely volatile and be subject to sudden and substantial falls. Certain investment positions may be illiquid.

Income from investments may fluctuate. Changes in rates of exchange may have an adverse effect on the value, price or income of investments.

The foregoing list of risk factors is not complete and reference should be made to the relevant Prospectus.

Solicitation

The site does not constitute an offer by Pensato to enter into any contract or agreement nor is it a solicitation to buy or sell any investment. It should not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or not authorised. This UK site is not aimed at persons who are residents of any country, including the United States of America ("USA"), where the Fund referred to herein is not registered or approved for marketing and/or sale or in which the dissemination of information on the Funds or services is not permitted. This document should not be distributed to any third party without the express approval of Pensato.

United States of America

The provision of the information in this web site does not constitute an offer of securities to any person in the United States or to any U.S. Person as such term is defined under the Securities Act of 1933, as amended. The information contained in this site about Pensato and/or any of its affiliates is not directed to any person in the United States. The Fund referred to herein is neither registered under the Securities Act 1933 of the USA, nor is it registered under the Investment Company Act of 1940. Consequently, it cannot be offered for sale or be sold in the USA, its territories, possessions or protectorates under its jurisdiction, nor to nationals, citizens or residents in any of those areas.

Advice

No information contained in this website should be deemed to constitute the provision of financial, investment or other professional advice in any way.

Taxation

Taxation will depend on individual financial circumstances and the country of residence.

Ownership and Copyright

The copyright in the website and (unless otherwise indicated) its contents including all information, graphics, code, text and design are owned by Pensato and should not be reproduced or distributed without permission.

Material Interests

Pensato and its Partners, officers and/or employees (including employees of other companies within the Pensato Group) may have holdings in the Fund referred to in this site.

Data Protection

As a result of your use of this site, Pensato may hold and process personal information about you and may use it to send to you information about funds managed by Pensato. All personal data held by Pensato will be treated in accordance with the Data Protection Act 1998.

Governing Law

This site is established in England by Pensato in accordance with and shall be governed by, and your browsing in and use of this site shall be deemed acceptance of, the laws of England and Wales. A condition of using this site is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

Notice to Swiss Investors

The distribution of shares or interests in Switzerland will be exclusively made to, and directed at, qualified investors, as defined in the Swiss Collective Investment Schemes Act of 23 June 2006, as amended, and its implementing ordinance.

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