Fundsmith SICAV Website Legal Notice (the “Legal Notice”)
IMPORTANT INFORMATION Please scroll to read.
This website is operated, issued and communicated by Fundsmith SICAV (the “Fund” or “We”). The Fund is an umbrella fund with segregated liability between sub-funds incorporated as a société anonyme (public limited company) which qualifies as a société d'investissement à capital variable (investment company with variable capital or SICAV) under Luxembourg law and registered with the Registre de Commerce et des Sociétés under number B164404. The Fund is authorised by the Commission de Surveillance du Secteur Financier (the “CSSF”) as a UCITS subject to Part I of the law of 17 December 2010 on undertakings for collective investment, as amended. The Fund has its registered office at 10 rue du Château d'Eau, L-3364, Leudelange, Grand Duchy of Luxembourg.
The contents of this site have been prepared solely for information purposes and are 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 law or regulation. The Fund does not give or make any guarantee, representation, warranty or other promise or confirmation (whether express or implied) as to its accuracy or completeness.
By selecting the flag of Luxembourg, you will access the part of the Website exclusively intended for persons who are living in Luxembourg or accessing the Website from Luxembourg. If you are a resident of another country, accessing the Website intended for Luxembourg may result in you having access to information about funds that may not be available in your country.
Please note that the investment products and investment services referred to in this Website may not be suitable or appropriate for all investors. It is your responsibility to seek relevant advice on the contents herein.
By visiting this Website, you are deemed to have read, understood and accepted the terms and conditions of the present Legal Notice, governing the access and use of this Site.
1. Risk Warnings
Please note that all investments involve risks. It should not be assumed that an investment into the Fund will be profitable. Past performance is not necessarily a guide to future performance. The value of investments and the income from them may fall as well as rise, may be affected by changes in rates of exchange, and you may not get back the amount of your original investment.
A comprehensive list of risk factors is detailed in the prospectus (the “Prospectus”) and the key information document (“KID”) of the Fund. No investment in the Fund should be contemplated until the risks are fully considered. The Prospectus and KID can be viewed on this Website or free of charge at the registered office of the Fund.
The Fund does not provide financial, investment, tax or other advice. None of the information on this Website should be construed as such. If you are unsure as to whether an investment in the Fund is suitable for you, you should seek your own professional advice.
Any opinions expressed on this Website do not constitute investment advice and independent advice should be sought where appropriate. Where the Fund has expressed its own views and opinions, these may change.
The performance shown in the documents made available on the Website does not take account of any commissions and costs charged when subscribing to and redeeming shares in the Fund. Commissions and costs have a negative impact on performance.
Investment returns may increase or decrease as a result of exchange rate fluctuations where the currency of a financial product differs from your reference currency.
2. Restrictions on Offer, Solicitation, and Distribution
This Website is not directed at, or intended for distribution to or use by, any person or entity that is a citizen or resident of, domiciled, or located in any jurisdiction where such distribution, publication, availability or use would be contrary to the applicable law or regulation or which would subject the Fund to any registration or licensing requirement within such jurisdiction. Persons in jurisdictions where these activities are restricted or prohibited must not access or use this Website. It is your responsibility to be aware of and comply with any relevant laws or regulations applicable in your jurisdiction.
The information in this Website does not constitute any investment advice, a recommendation or an expression of our view as to whether a particular security or financial instrument is suitable for any investor accessing the Website or meets their financial or any other objectives, nor an offer or solicitation of an offer to buy or sell any investments, securities or any other financial instruments or to engage in any investment activity in any jurisdiction where such activity would be contrary to local law or regulation.
The shares in the Fund have not been and will not be registered under the US Securities Act of 1933 (the "1933 Act") as amended or the securities laws of any of the states of the United States. The shares may not be offered, sold, transferred, pledged or delivered, directly or indirectly, in or into the United States or to or for the account or benefit of any US Person except pursuant to an exemption from, or in a transaction not subject to the registration requirements of the 1933 Act and any applicable state laws, nor in any jurisdiction in which the Fund is not authorised to be publicly sold. The Fund is available only in jurisdictions where its promotion and sale is permitted.
The information contained in the Website may not be redistributed directly or indirectly to any citizen or resident of the United States.
Your use of this Website constitutes your acceptance of the terms and conditions set forth in this Legal Notice. This affirmation constitutes a binding legal agreement on your own behalf and where applicable, on behalf of any client that you represent, act as agent for and or are associated with. If you do not agree to these terms and conditions, please do not go to the Website, or access any page thereof.
This Website and the material contained herein (including information from third parties) is provided ‘as is’, without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy. Nothing in the content of this Website (including any documentation that can be downloaded) should be deemed to constitute any legal, tax, accounting or any other professional advice or service. Decisions based on information contained on this Website are at the sole responsibility of the visitor.
4. Website use
Access to this Website is permitted for guests and registered users on a temporary basis.
Any deliberate misuse of an element of this Website is prohibited. You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack this Website via a denial-of-service attack or a distributed denial of service attack. We may report any breach of this provision to the relevant authorities and may cooperate with them in any investigation, including by disclosing your identity.
When visiting the Website and/or contacting the Fund, your personal information will be processed by the Fund in accordance with this Website’s privacy notice as accessible https://www.fundsmith.eu/privacy-policy/.
6. Restrictions on use of materials
This Website is owned and operated by the Fund. The Fund is the owner or licensee of all intellectual property rights contained on this Website and in the material published on it.
The materials published or visible on this Website are protected by copyright, trademarks, patents, industrial design rights, database rights and any other intellectual property rights held by the Fund, its partners, or by third parties. It is strictly prohibited to reproduce, copy, adapt and/or translate, change, distribute, transmit, publish, communicate, extract data from, reuse or create derivative works from, or operate the Website’s materials in any other way, in whole or in part, through any type of media, without the prior written authorisation of the Fund.
You may download or print out a hard copy of pages from this Website or the material made available on it for your personal use only. However, you must not make any copy of the material on this Website for public or commercial use without the Fund’s prior written consent.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, all copyright and other proprietary notices contained on the materials must be retained.
“Fundsmith” is a registered trademark. Its usage is protected by law.
Any unauthorized downloading, re-transmission, or other copying or modification of content on this Website may be a violation of statutory or common law rights which could subject the violator to legal action.
The Fund reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected fraudulent use of the content and/or materials of this Website by a visitor.
By entering this Website, you acknowledge and agree that the use of this Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, fraud or wilful misconduct, shall the Fund be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Website or any material on any site linked to this Website (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by the Fund in respect of any changes made to the content of this Website by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law save for any supervisory or regulatory authority.
You shall indemnify the Fund from and against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or expenses arising out of your use of the Website and any breach by you of any terms and conditions contained in this Legal Notice. We do not warrant that this Website does not infringe any intellectual property rights of third parties.
In no event shall the Fund be bound by any decision on investment, disinvestment or conservation taken by any visitor of this Site on the basis of its content, and, in this respect, the Fund accepts no liability for any loss arising as a result of such action taken by any visitor.
7.1 Links from this Website
Our Website may contain links to other websites. However, once you have used these links to leave our Website, you should note that We no longer have any control over these external websites. Therefore, We are not responsible for the adequacy or accuracy of any of the information you may view, nor do We undertake to ensure successful transmission to any linked website.
7.2 Links to this Website
You may link to the homepage of this Website, provided that you do so in a way which is fair, legal and does not damage the Fund’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Fund’s part where none exists. You must not establish a link from a website that is not owned by you. This Website must not be framed on any other website nor may you create a link to any part of this Website other than its home page.
No data transmission over the internet can be guaranteed as totally secure. While We strive to protect such information, We do not guarantee and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
The Website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The information on this Website is issued by the Fund. The Fund reserves the right to change or modify these terms and conditions without notice.
We have the right to terminate your access to certain services of this Website at any time on giving notice to you and without notice if you commit any breach of these terms and conditions provided for under this Legal Notice. We shall have no liability to you for such termination. In the event that your access to the service is terminated, the remaining provisions of this Legal Notice will continue to apply.
In the event that one of the provisions of these terms and conditions of use is deemed unlawful, void or unenforceable, such provision shall be considered as severable from these terms and conditions of use without any effect on the validity or enforceability of the other provisions.
10. Entire Understanding
This Legal Notice forms the entire understanding between you and the Fund with respect to use of the Website and supersedes all previous agreements, understandings and representations relating to use thereof.
You hereby agree that the Fund may sub-contract the performance of any activity relating to the operation of the Website and may assign any of the provisions of this Legal Notice to a third party at any time without the need to give you any notice.
12. Governing Law and Jurisdiction
This Website and its content shall be governed by and construed in accordance with the law of the Grand Duchy of Luxembourg. Any dispute arising or relating to this Legal Notice will be subject to the exclusive jurisdiction of the Courts of the Grand Duchy of Luxembourg.
The Fund can be contacted at FUNDSMITH-TA-LUX@ntrs.com.