Terms and Conditions of Use – last updated December 2016
Access to and use of the www.kavvayi.com website (the "Site") and the materials found on it (the "Content"), including any investment services referred to on it (the "Investment Services") are subject to the following terms and conditions (these "Terms").
Unless stated otherwise this information is communicated by Man Investments AG ("Man") which is regulated by the Swiss Financial Market Authority ("FINMA").
2. Important Information for Investors in the following jurisdictions
Please read carefully the sections below which are applicable to you if you are located in or doing business in or cross-border into the relevant jurisdiction:
Man may update, revise, delete or modify information on this Site without notice. Information should only be considered current as of the time of initial publication on this Site or as otherwise stated on this Site without regard to the date on which you may access the information.
Australia: The Content is communicated by Man Investments Australia Limited ("MIA"), (ABN 47 002 747 480 AFSL 240581), which is regulated by the Australian Securities & Investments Commission. The Site and the Content contain general information only and have been prepared without taking into account anyone’s objectives, financial situation or needs. Before making an investment decision, you should consider whether the information on the Site is appropriate to your particular objectives, financial situation and needs, and obtain professional financial, tax, legal and investment advice. You should obtain a copy of the offer document in relation to any financial product mentioned on the Site before making an investment decision. Information contained on the Site has been obtained from sources believed to be accurate, but not guaranteed, and MIA does not give any representation or warranty as to its reliability, accuracy or completeness. To the maximum extent permitted by law, neither MIA nor its directors, employees, agents, representatives or advisers accepts any liability whatsoever for any loss, damage, cost or expense however arising from the use of information on the Site. No part of the Content or the Site may be reproduced in any form, or referred to in any publication without the express prior written consent of MIA.
European Economic Area: Unless indicated otherwise, this website is communicated in the European Economic Area by Man Solutions Limited, which is an investment company as defined in section 833 of the Companies Act 2006 and is authorised and regulated by the UK Financial Conduct Authority (the “FCA”). Man Solutions Limited is registered in England and Wales under number 3385362 and has its registered office at Riverbank House, 2 Swan Lane, London EC4R 3AD, England. As an entity which is regulated by the FCA, Man Solutions Limited is subject to regulatory requirements, which can be found at https://register.fca.org.uk/.
Germany: The Content is communicated by Man (Europe) AG of Austrasse 56, 9490 Vaduz, Liechtenstein, which is authorized and regulated by the Liechtenstein Financial Market Authority FMA. Man (Europe) AG is registered in the Principality of Liechtenstein no. FL-0002.420.371-2. Man (Europe) AG is an associated participant in the investor compensation scheme, which is operated by the Deposit Guarantee and Investor Compensation Foundation PCC (FL-0002.039.614-1) and corresponds with EU law. Further information is available on the Foundation's website under www.eas-liechtenstein.li. The Content is of a promotional nature.
Hong Kong: The Content is communicated by Man Investments (Hong Kong) Limited, which is regulated by the Hong Kong Securities and Futures Commission (the “SFC”). The Content has not been reviewed by the SFC. The investment offering in this section of the Site (the “Investment Schemes”) may or may not be authorised by the SFC and the offer of shares or units in the Investment Schemes may not be allowed to made to the retail public in Hong Kong but only Professional Investors as defined under the Securities and Futures Ordinance. The SFC authorisation is not a recommendation or endorsement of the Investment Scheme nor does it guarantee the commercial merits of the Investment Scheme or its performance. It does not mean the Investment Scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors.
In relation to Man AHL Diversified Futures Ltd (the “Company”) specifically:
The Company primarily invests in futures and options fund. It also intends to invest extensively in other financial derivatives (‘FIDs’) to achieve its investment objective, including but not limited to, warrants, forward contracts, convertible securities, interest rate swaps, credit default swaps and equity swaps, and may utilise over-the-counter (OTC) derivatives.
The Company may use long or short investment strategies. Risks inherent in the company are not typically encountered in traditional funds. FDIs can be highly volatile and will expose investors to leverage risk. Leverage has the effect of potentially magnifying losses and could result in the value of the Company decreasing substantially.
The Company is subject to additional risks including without limitation, commodity market risk, interest rate risk, foreign exchange risk, limited diversification risk, counterparty risk, liquidity risk and sovereign risk.
The Company relies heavily on qualitative models or strategies which depend on the reliability and accuracy of the Investment Manager’s analytical models and data supplied by third parties. To the extent such models or the assumptions underlying them or the data do not prove to be correct, the investments of the Company may not perform as anticipated which could result in losses.
No equalization methods are used by the Company for the purpose of determining the incentive fee. There is a risk that an investor redeeming its investment in the Company may still incur an incentive fee, even though a loss has been suffered by the redeeming investor.
Investment involves risks in particular risks associated with futures and options fund. Investment in the Company may not be suitable for all investors, and may lead to total loss of investments. Before you decide to invest, you should make sure the intermediary who sells it to you has explained the Company is suitable for you. You should not make any investment decision solely based on this document. Please read the Company’s offering documents carefully for further details including the investment objectives, risk factors and fees and charges.
Liechtenstein: The Content is communicated by Man (Europe) AG, which is authorised and regulated by the Liechtenstein Financial Market Authority. Man (Europe) AG is registered in the Principality of Liechtenstein no. FL-0002.420.371-2. Man (Europe) AG is an associated participant in the investor compensation scheme, which is operated by the Deposit Guarantee and Investor Compensation Foundation PCC (FL-0002.039.614-1) (the “Foundation”) and corresponds with EU law. Further information is available on the Foundation's website under www.eas-liechtenstein.li.
Netherlands: The Content is communicated by Man Investments Nederland B.V., which is an investment institution and is registered with the Dutch Authority for the Financial Markets (Autoriteit Financi?le Markten) as a holder of a license for conducting investment services according to article 2:96 of the Dutch Law on Financial Supervision (Wet op het financieel toezicht) in the Netherlands, Belgium and Luxembourg.
Singapore: The Monetary Authority of Singapore (the "Authority") assumes no responsibility for the Content and it has not, in any way, considered the investment merits of any Investment Product (as defined below). The Investment Products in this section of the Site (the "Schemes") are not authorised or recognised by the Authority and the offer of shares or units in the Schemes is not allowed to be made to the retail public in Singapore.
The Content is for general information only and does not constitute an offer or solicitation to deal in shares or units of any Scheme. Potential investors should read the information memorandum relating to the Scheme (the "Information Memorandum") before deciding whether to subscribe for shares or units in the Scheme. All subscriptions can only be made through the appointed distributors.
The Content is based on certain assumptions, information and conditions available as at the date of this document and may be subject to change at any time without notice. Although reasonable care has been taken to ensure the accuracy of the Content, MIS and its associates or affiliates make no representation of any kind, express, implied or statutory, and shall not be responsible or liable for the accuracy or completeness of the Content. Nothing in this Site shall constitute a continuing representation or give rise to any implication that there has not been or that there will not be any change affecting any Scheme.
No offer of the shares or units in the Schemes for subscription or purchase, and no invitation to subscribe for or purchase such shares or units, may be made, to any person in Singapore other than to persons permitted to receive such offers under applicable exemptions, and pursuant to, and in accordance with the conditions of, the applicable provisions of the SFA.
The Schemes are either:
(a) restricted schemes under the Sixth Schedule to the Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations (the “SFR”) ("Restricted Schemes"); or
(b) Schemes which were previously, but are now no longer, Restricted Schemes, which are closed to further subscriptions, and which are indicated in this section of the Site as being closed to further subscriptions.
The offer, holding and subsequent transfer of the shares and units in the Restricted Schemes are subject to restrictions and conditions under the SFA. You should consider carefully whether you are permitted (under the SFA, the SFR and any laws or regulations applicable to you) to make an investment in the same and whether any such investment is suitable for you and you should consult your legal or professional advisor if in doubt.
Past performance of the Schemes or any entity (including the investment managers of the Schemes (the "Investment Managers")) and any prediction, projection or forecast are not necessarily indicative of the future or likely performance of the Schemes or the Investment Managers. The value of shares or units of the Schemes and the income from them, if any, may fall as well as rise. No representation or promise as to the performance of the Schemes or the return on your investment is made. Investments in share or units of the Schemes involve risks, including the possible loss of the principal amount invested, and are not obligations of, deposits in, or guaranteed or insured by, any Scheme or the Investment Managers or any of their respective subsidiaries, associates or affiliates, or distributors of any Schemes.
The Content does not constitute investment advice or recommendation and was prepared without regard to the specific investment objectives, financial situation or the particular needs of any person. You should seek advice from a financial adviser regarding the suitability of an investment in any Scheme, taking into account your specific investment objectives, financial situation or particular needs, before making a commitment to invest in any Scheme, and in the event that you choose not to do so, you should consider carefully whether the Scheme is suitable for you.
The Investment Managers use financial derivative instruments for hedging, efficient portfolio management and for investment purposes to seek to achieve the investment objective of the Schemes. An investment in the Schemes involves a high degree of risk, and investments in such Schemes are only appropriate for a person able and willing to take such a risk.
Spain: Full prospectuses and simplified prospectuses, statutes and annual and semi-annual accounts of the investment products are available free of charge at the offices of the Spanish distributors authorised in Spain. A list of the Spanish distributors authorised and their contact details can be obtained on the Comisión Nacional del Mercado de Valores (“CNMV”) website: www.cnmv.es
Man Funds plc: The sub-funds mentioned herein are authorised to be marketed to the public in Spain and belong to the GLG Investments plc that is registered with the CNMV with registration number 296.
Man Funds VI plc: The sub-funds mentioned herein are authorised to be marketed to the public in Spain and belong to the GLG Investments VI plc that is registered in the Comisión Nacional del Mercado de Valores (hereinafter the "CNMV") with the number 882.
Man Umbrella SICAV: The sub-funds mentioned herein are authorised to be marketed to the public in Spain and belong to the Man Umbrella SICAV that is registered in the Comisión Nacional del Mercado de Valores (hereinafter the "CNMV") with the number 592.
Switzerland: The Content is communicated by Man Investments AG, which is regulated by FINMA.
FINMA has granted permission for the distribution of the following investment products in and from Switzerland:
Man AHL Diversified
Man Umbrella SICAV - Man GLG Flexible Bond
Man Umbrella SICAV - Man Multi-Strategy Alternative
Man Umbrella SICAV - Man AHL Diversity Alternative
Man Umbrella SICAV - Man AHL Trend Alternative
Man Umbrella SICAV - Man Convertibles Europe
Man Umbrella SICAV - Man Convertibles Global
Man Funds plc - Man GLG European Income Opportunities
Man Funds plc - Man GLG Global Convertibles
Man Funds plc - Man GLG Global Emerging Markets Bond
Man Funds plc - Man GLG Global Emerging Markets Local Currency Rates
Man Funds plc - Man GLG Japan CoreAlpha Equity
Man Funds plc - Man GLG Pan-European Equity Growth
Man Funds plc - Man GLG RI European Equity Leaders
Man Funds plc - Man GLG Strategic Bond
Man Funds plc - Man Numeric China A Equity
Man Funds plc - Man Numeric Emerging Markets Equity
Man Funds plc - Man Numeric RI European Equity
Man Funds plc - Man Numeric RI Global Equity
Man Funds plc - Man Numeric RI US Large Cap Equity
Man Funds VI plc - Man AHL Multi Strategy Alternative
Man Funds VI plc - Man AHL TargetRisk
Man Funds VI plc - Man Alternative Style Risk Premia
Man Funds VI plc - Man GLG Alpha Select Alternative
Man Funds VI plc - Man GLG Credit Multi-Strategy Alternative
Man Funds VI plc - Man GLG European Alpha Alternative
Man Funds VI plc - Man GLG European Equity Alternative
Man Funds VI plc - Man GLG European Mid-Cap Equity Alternative
Man Funds VI plc - Man GLG Event Driven Alternative
Man Funds VI plc - Man GLG Global Emerging Markets Debt Total Return
Man Funds VI plc - Man GLG High Yield Opportunities
Man Funds VI plc - Man GLG Innovation Equity Alternative
Man Funds VI plc - Man Numeric Market Neutral Alternative
Swiss representative and paying agent information
Man AHL Diversified: The FINMA registered representative for the distribution of Man AHL Diversified (domicile Ireland) is Man Investments AG, Huobstrasse 3, 8808 Pf?ffikon SZ, Switzerland. The Swiss Paying Agent is RBC Investor Services Bank S.A., Esch-sur Alzette, Zurich Branch, Bleicherweg 7, 8027 Zürich, Switzerland. The Prospectus, the Key Investor Information Document (the ‘KIID’), the Memorandum and Articles of Association as well as the annual and semi-annual reports can be obtained free of charge from the Swiss representative. In respect of the units distributed in and from Switzerland, the place of performance and jurisdiction is Pf?ffikon SZ, Switzerland.
Man Umbrella SICAV: The FINMA registered representative for the distribution of Man Umbrella SICAV (domicile Luxembourg) is Man Investments AG, Huobstrasse 3, 8808 Pf?ffikon SZ, Switzerland. The Swiss Paying Agent is RBC Investor Services Bank S.A., Esch-sur Alzette, Zurich Branch, Bleicherweg 7, 8027 Zürich, Switzerland. The Prospectus, the Key Investor Information Document (the ‘KIID’), the Memorandum and Articles of Association as well as the annual and semi-annual reports can be obtained free of charge from the Swiss representative. In respect of the units distributed in and from Switzerland, the place of performance and jurisdiction is Pf?ffikon SZ, Switzerland.
Man Funds plc and Man Funds VI plc: The FINMA registered representative for the distribution of Man Funds plc (domicile Ireland) and Man Funds VI plc (domicile Ireland) is Man Investments AG, Huobstrasse 3, 8808 Pf?ffikon SZ, Switzerland. The Swiss Paying Agent is RBC Investor Services Bank S.A., Esch-sur Alzette, Zurich Branch, Bleicherweg 7, 8027 Zürich, Switzerland. The Prospectus, the Key Investor Information Document (the ‘KIID’), the Memorandum and Articles of Association as well as the annual and semi-annual reports can be obtained free of charge from the Swiss representative. In respect of the units distributed in and from Switzerland, the place of performance and jurisdiction is Pf?ffikon SZ, Switzerland.
Where investment products which appear on this website are being compared to indices, it should be understood that these indices are not benchmarks as they are not representative of the investment product's investment strategy. They should be seen as comparisons of asset classes.
The performance data do not take account of the commissions and/or costs incurred on the issue and redemption of units.
US Persons Located outside the US: The Investment Strategies that are described or appear herein are not intended to be accessed by US Persons and are not being offered or made available to them.
3. Restricted Access
This Site, the Content and the Investment Services are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site (or the utilisation of the Investment Services) would be contrary to applicable law or regulation or would subject Man to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Site are required by Man to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Site or to subscribe to the Investment Services. Professional advice should be sought in cases of doubt.
4. No Offer
The Content is provided for information purposes only and does not constitute a solicitation or offer, or advice or recommendation, to buy or sell interests in any investment products, to effect any transactions, or to conclude any transaction of any kind whatsoever.
5. Monitoring by Man
Your use of the services on this Site may be monitored by Man, and the resultant information may be used by Man or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.
6. No Commercial Exploitation
Except as stated in this section 5, the copyright and other intellectual property rights in the Content (including the Man logo) are owned by Man. Any use of the Content for any purpose is accordingly prohibited except as stated below. With the exception of Content supplied on the Site in Adobe Acrobat (PDF) format for you to download, you may not reproduce, transmit, modify, link into, store, archive or in any other way use for any public or commercial purpose this Site or any of the Content without the prior written permission of Man. In particular, neither you nor any third party acting on your behalf or at your instigation may:
redistribute to any other person any of the Content (whether as part of any library, archive or similar service or otherwise);
remove the copyright or trade mark notice from any copies of Content;
create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
7. Responsibilities of User
You are responsible for any use of the Site made by you. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Site will damage the Site.
8. No Warranties and Exclusion of Liability
Whilst Man shall use reasonable efforts to obtain information from sources which we believe to be reliable, Man gives no warranty as to the accuracy, completeness or reliability of any information, opinions or forecasts contained on the Site, nor does it undertake to ensure that this Site will be available or accessible at all times. Man shall have no liability (whether in contract, tort or otherwise) for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with the access to, use of or linking to other websites ("Linked Websites") from this Site or any reliance on any of the Content.
Man is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider).
These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Man.
9. Investment Performance
Users should note that investments can involve significant risks and the value of an investment may go down as well as up. There is no guarantee of trading performance and past or projected performance is not necessarily a guide to future results.
10. Estimated performance information
The estimated performance and/or valuation/NAV data ("Data") is based on estimated valuations or net asset values calculated by the administrator or a Man group company and may vary materially from the official valuation or net asset value and consequently are not the price at which shares/bonds/notes (or such other issued instrument) can be subscribed or redeemed. Investors should not rely upon the Data to make investment decisions or otherwise. The Data is provided to you for information purposes only and there shall be no right to request any underlying information, calculations or any other details regarding such Data. None of the Man and its affiliates, the Investment Products (or the issuers of such products) and any official valuation calculation agent or any other service provider in respect of any product to which the Data relates make any representation or warranty regarding the accuracy of the Data nor accept any liability whatsoever in connection with the provision or your use of the Data. Any reliance on the Data is entirely at the user's risk.
Please note that interests in the investment products may only be purchased or sold in accordance with the terms of the prospectus issued by the investment products (or the issuers of such products) and the price the issuer of such product may quote may be materially different from the valuations set forth herein. Official valuations or net asset values will be subsequently published on the Site when finalised (and such other media or electronic platform as may be outlined in the relevant prospectus) and may be significantly different from the Data. Potential investors should note that alternative investments can involve significant risks and the value of an investment may go down as well as up. There is no guarantee of trading performance and past performance is not necessarily a guide to future results.
11. No Reliance
Nothing contained on this Site constitutes investment, legal, tax or other advice or a recommendation to purchase or sell any investment. You should not rely on any of the Content in making an investment or other decision.
12. Material Interests
Any one of Man or its affiliates or their directors, officers, employees, agents or representatives may have or have had an interest or holding, relationship or other arrangement with the Investment Products which may be material. Potential investors should refer to the applicable offering documents for any Investment Product and in particular, the potential conflicts of interest discussed therein.
You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
14. Intermediary Access
Man may from time to time provide persons with whom Man has entered into an intermediary or distribution agreement (each an "Intermediary") with links to Investment Product and ancillary subscription documentation available on a separate section of the Site (the "Product Links"). Man shall provide such Product Links to an Intermediary on the basis that such Intermediary shall in its subsequent use of such Product Links in connection with dealing with its clients and customers agree to:
comply with the terms and conditions of the intermediary or distribution agreement with Man including, without limitation, observing the terms and conditions from time to time relating to the promotion and sale of each Investment Product whether contained in the Investment Product's prospectus or imposed by law or regulation;
take particular note of (and act in accordance with) the relevant selling restrictions contained in an Investment Product's prospectus and any applicable law or regulation in the country in which the Intermediary promotes the Investment Products;
accept that Man shall hold the Intermediary responsible for compliance with applicable law and regulation (including, without limitation, any distance marketing and e-commerce law or regulation applicable to the Intermediary's activities);
satisfy itself that the onward distribution of a Product Link provided by Man can be lawfully circulated to the Intermediary's clients and customers; and
incorporate any suggested disclaimer or wording which Man may provide the Intermediary for incorporation in any communication the Intermediary adopts when circulating the Product Link to its clients and customers
These Terms, your access to and use of the Site and the Content and any dispute or claim arising out of or in connection with these Terms or your use of the Site and Content shall be governed by and construed in accordance with English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that Man may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.
16. Viruses, Hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Website.
17. Changes to the Site
We aim to update the Site regularly, and may change the Content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. You should check the Site regularly to check the Content. We may make changes to these Terms at any time. You should check the Site regularly to check these Terms.
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