These terms and our website
This page (together with the documents referred to on it) (the “Agreement”) tells you the terms of use that apply to your use of our website www.gisfunds.com and to all pages connected to it containing that address (the “Website”).
Please read this Agreement carefully before you start to use the Website. By using the Website, you indicate that you have read this Agreement, accept this Agreement and that you agree to abide by it. By using the Website, you also confirm to us that you are eligible to use this Website because you comply with section 3 below. If you do not agree to this Agreement, or if you are not eligible to use the Website, please refrain from using our Website.
Information about us
The Website is a site operated by Global Insurance Settlements Funds Public Limited Company (”we”, “our” or “us”). We are incorporated in Ireland as a public limited company under company number 489049 and have our registered office at 39/40 Lower Mount Street, Dublin 2. Our VAT number is IE9773391L.
We are regulated by the Central Bank of Ireland as an umbrella type investment company with segregated liability between funds pursuant to Part XIII of the Companies Act 1990.
Your status
This Website and the Website Content is designed solely for qualifying investors (“you” or “your”). A qualifying investor is:
- an investor who is a professional client within the meaning of Annex II of Directive 2004/39/EC (Markets in Financial Instruments Directive); or
- an investor who receives an appraisal from an EU credit institution, a MiFID firm or a UCITS management company that the investor has the appropriate expertise, experience and knowledge to adequately understand the investment in the scheme; or
- an investor who certifies that they are an informed investor by providing the following to us:
- confirmation (in writing) that the investor has such knowledge of and experience in financial and business matters as would enable the investor to properly evaluate the merits and risks of the prospective investment; or
- confirmation (in writing) that the investor’s business involves, whether for its own account or the account of others, the management, acquisition or disposal of property of the same kind as the property of the scheme.
Content Limitations
The information on this Website has been compiled for the purpose of advising and/or managing a number of funds and its intended purpose is as a general introduction to life settlements as a potential source of investment for institutional investors.
IMPORTANT INFORMATION: NO INVESTMENT OR TAX ADVICE IS OFFERED OR GIVEN BY US OR BY ANY PERSON MENTIONED ON THE WEBSITE TO YOU OR ANY OTHER PERSON ACCESSING WEBSITE CONTENT ON THIS WEBSITE. If you are an intending investor should first read the prospectus in detail and then take appropriate advice from your own suitably qualified professional advisers before making any investment decision.
This Website is not, and should not be regarded by you as, an offer or solicitation to invest in the funds or any product referred to in the Website Content.
We make no representations that the Website or the Website Content is appropriate or available for use in any jurisdiction. This Website Content is not intended to be published or made available to any person in any jurisdiction where doing so would be contrary to any applicable laws or regulations. In particular, certain funds can only be marketed in certain jurisdictions. It is your responsibility to be informed and to observe all applicable laws that apply to you and your use of the Website and Website Content.
There are risks associated with some of our products and services. Past performance is not necessarily a guide to future performance, and it does not guarantee and is not indicative of future results.
Accessing our Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
[If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or if we, in our sole discretion, decide not to allow such access to the Website].
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection [and/or with any user identification code, password or any other piece of information issued to you by us] are aware of this Agreement, and that they comply with it.
Website content and Intellectual property rights
We are the owner or the licensee of all intellectual property rights in and appearing on the Website, and in the material published on it. This includes (but is not limited to) the marketing materials, charts, calculation sheets, agreements, formats and FAQ’s, (the “Website Content”). The Website Content is protected by copyright and other intellectual property rights laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of your professional advisors to Website Content posted on the Website. You may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its Website Content. Additional restrictions, terms and conditions may appear on or within the Website Content itself, and these apply to that Website Content in addition to this Agreement.
You must not use any part of the Website Content (including its source HTML code) for commercial purposes without obtaining a licence to do so from us or our licensors. You must not modify republish, frame, upload to a third party, post, transmit or distribute the paper or digital copies of any Website Content you have printed off or downloaded in any way without our express prior written consent. You must not use any Website Content consisting of illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our express prior written consent.
Our status (and that of any identified contributors) as the authors, owners and/or licensors of material on the Website must always be acknowledged.
If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on Website Content
We make no representation and give no assurance concerning the suitability of the information contained on the Website or in any Website Content published on the Website for any purpose. Access to our Website is provided on an “as is” basis. Information on the Website is not intended to constitute advice in any specific situation.
You should not rely on any Website Content on our Website to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Website, or by anyone who may be informed of any of the Website Content.
Website Content may be incomplete or include typographical errors and/or technical or other inaccuracies. New information is added to the Website from time to time and, in addition, changes are periodically made to Website Content or to other aspects of the Website.
Other than this Agreement, no Website Content on this Website can be accepted by you so as to create contractual obligations without further action in writing by us.
Our liability
The Website Content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy on an “as is” basis. To the extent permitted by law, we, other members of our group of companies, any person mentioned on our Website and third parties connected to us expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our Website
We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, hacking and other offences
You must not misuse the Website 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 Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 Criminal Damage Act 1991. 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 our Website 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 Website or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.
You must not establish a link to our Website from any website that is not owned by you.
The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission with or without notice.
If you wish to make any use of material on the Website other than that set out above, please address your request to admin@gisfunds.com.
Links from our Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information and as a convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this Website, and we do not endorse or approve the content of such third party websites.
Jurisdiction and applicable law
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by Irish law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
Trade marks
[“TRADE MARK(S)”] is/are [Irish registered] trade mark(s) of Global Insurance Settlements Funds Public Limited Company.
Name of other entities and products referred to on the Website may be the trade marks of their respective owners.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.
Copyright Notice
Copyright © 2011 Global Insurance Settlements Funds PLC, 39/40 Upper Mount Street, Dublin 2, Ireland. All rights reserved. Any rights not expressly granted in this Agreement are reserved to us.
Your concerns
If you have any concerns about Website Content which appears on the Website, please contact admin@gisfunds.com.
Thank you for visiting our Website.
