Terms and Conditions
If you are not a Professional Client or an Eligible Counterparty and are based in the UK please return to www.firststateinvestments.com and select Private Investor.
It is important that you read this page. The use of www.firststateinvestments.com (this “Website”) is subject to the following terms and conditions (the “Terms”).
IMPORTANT INFORMATION ABOUT ACCESS TO THIS WEBSITE
This Website (and the information on it) is directed only at persons who are Professional Clients or Eligible Counterparties for the purposes of the Markets in Financial Instruments Directive (“MiFID”) or as otherwise defined under applicable local regulations and at whom this Website (and any information on it) may lawfully be directed in any relevant jurisdiction. Access to this Website is not open to persons resident in, or citizens of any territory outside the United Kingdom where, to allow such access would require any registration, filing, application for any licence or approval or other steps to be taken by First State Investments (UK) Limited (“First State”) in order to comply with local laws or other regulatory requirements in such overseas territory. The definitions of Professional Client and Eligible Counterparty as set out in MiFID can be found here. Please contact First State if you require any further information on your status.
1. About this Website: This Website is owned, maintained, operated and communicated by First State Investments (UK) Limited which is authorised and regulated by the Financial Conduct Authority of the United Kingdom (the “FCA”). First State’s registered office is at 15 Finsbury Circus, London EC2M 7EB. This Website, and the information on it, are provided for information purposes only and do not constitute an invitation, offer or solicitation to engage in any investment activity including to buy or sell any investment including any interest in the Funds. The information on this Website constitutes a financial promotion for the purposes of the rules and guidance of the Financial Conduct Authority Rules (the "FCA Rules") and an invitation or inducement to engage in investment activity and/or a marketing communication for the purposes of MiFID.
This Website contains information about investment funds which are offered by First State (the “Funds”) and which are registered, or have otherwise been notified, for public distribution and marketing in the United Kingdom. Please note that the fact of such registration does not mean that any regulator has determined that such Funds are suitable for all or any investors. The Funds referred to on this Website may not be suitable investments for you and you should therefore seek professional investment advice before making a decision to invest in any of the Funds.
A prospectus and Key Investor Information Document (“KIID”) for each of the Funds is available on this Website. Contact details of the facilities where such documents are available are also set out in paragraph 6 below and on the web-page for the relevant Fund.
2. Selling Restrictions: The distribution of the information on this Website may be restricted by law in certain countries. You have selected the United Kingdom as your country of residence. This Website is issued in the United Kingdom and the information, services and products on this Website are for use by residents of the United Kingdom only and are not aimed or directed at, or otherwise made available to, persons in any other countries. This Website, and the information on it, are not addressed to any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. By choosing to view or make use of this Website you do so on the basis that you have informed yourself of any regulatory or other consequences of your doing so.
First State and its affiliates disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation in the country of which you are a citizen or in which you are residing or domiciled. If your country of residence or domicile changes, you must access this Website selecting your new country of residence. Please note, however, that this may impact your ability to access information about certain Funds.
3. No Advice: The information on this Website is provided for information only and does not constitute, and should not be construed as, investment advice or a recommendation to buy, sell or otherwise transact in any investment including the Funds. The information on this Website is provided solely on the basis that you will make your own investment decisions and First State has not taken any account of your particular investment objectives or financial situation in preparing the information on this Website. In addition, nothing in this Website shall, or is intended to, constitute financial, legal, accounting or tax advice. We strongly recommend that you seek professional investment advice before making any investment decision.
First State neither provides investment advice to, nor receives and transmits orders from, investors in the Funds nor does it carry on any other activities with or for such investors that constitute “Regulated Activities” for the purposes of the Financial Conduct Authority Rules or “investment services” or “ancillary services” for the purposes of MiFID.
4. Price and Performance Information: All prices provided on this Website are indicative only. Such prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell an interest in a particular Fund. First State accepts no responsibility for updating such price information.
Past performance is not a reliable indicator of future performance. The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. Exchange rate changes may cause the value of overseas investments to rise or fall. To the extent that any information on this Website refers to a particular tax treatment, such treatment depends on the individual circumstances of the investor and may be subject to change in the future.
5. Risk Warnings: Any investment involves substantial risks. Further information about the types of risks associated with investment in the Funds referred to on this Website can be found here. The offering documents for each Fund also contain risk warnings which are specific to the relevant Fund and which you should consider carefully before taking any decision to invest.
6. Offering Documents: The terms of any investment in a Fund are governed by the documents establishing such terms. In the event of any inconsistency between the information on this Website and the terms specified in, or established pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail. An application for interests in any of the Funds should only be made having fully and carefully read the relevant prospectus, the latest financial reports and other offering documents for the relevant Fund which are available on this Website and upon request from the fund representative in your jurisdiction.
7. Information on this Website: First State has taken reasonable care to ensure that the information contained on this Website is accurate, current, complete, fit for its intended purpose and compliant with relevant United Kingdom legislation and regulations and, where applicable, the laws of the country of your residence as at the date of issue. However, errors or omissions may occur due to circumstances beyond First State’s control and no warranty is given, or representation made, regarding the accuracy, validity or completeness of the information on this Website and no liability is accepted by such persons for the accuracy or completeness of such information. You must conduct your own due diligence and investigations rather than relying on any of the information in this Website. Any person who acts upon, or changes his investment position in reliance on, the information contained on this Website does so entirely at his own risk.
Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you. First State cannot guarantee that content will be accurate, complete and current at all times. To the extent that any information on this Website relates to a third party, such information has been provided by that third party and is the sole responsibility of such third party and First State accepts no liability for such information. All content on the Website is subject to modification from time to time without notice. Please contact First State for further information regarding the validity of any information contained on this Website.
To the extent that this Website contains any expression of opinion or forecast, such opinion or forecast is based on sources believed by First State to be reliable, but is not guaranteed or warranted as to its current validity, accuracy or completeness. Opinions expressed represent the opinions of First State at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), are subject to change and should not be relied on by users of the Website.
Certain content (the “Restricted Content”) on this Website including, but not limited to, webcasts shall be made available only on the granting of permission by First State or a third party appointed by First State. First State reserves the right, in its absolute discretion, not to grant access to such Restricted Content. Where you are granted access to such Restricted Content, such access is granted for your personal use only. You must treat this Restricted Content as confidential and you must not disclose it to any third party or allow any third party to access such Restricted Content. First State may revoke access to the Restricted Content in its absolute discretion at any time without notice.
8. Material Interests: First State, its affiliates and its or their directors, officers, employees or agents may have holdings in the Funds and/or underlying investments of the Funds and may otherwise be interested in transactions in those Funds. Further details about the policies that First State has adopted in order to avoid or to manage such conflicts in a way that ensures fair treatment for First State’s clients are available from First State on request.
9. Linked Websites: Links to websites operated by third parties are provided for information only and do not constitute any form of advice, endorsement or recommendation of such websites or the material on them. First State accepts no responsibility for information contained on any other sites which can be accessed by hypertext link from this Website or for these sites not being available at all times. First State has not reviewed, and will not review or update, such websites or information and any use that you make of such websites and information is at your own risk. Please note that when you click on any external site hypertext link you will leave this Website.
10. Liability: No warranty is given that the contents of this Website are compatible with all computer systems or browsers or that this Website shall be available on an uninterrupted basis. First State does not accept any liability for any damages or losses arising from changes or alterations made to this Website by unauthorised third parties.
The internet is not a completely reliable transmission medium and neither First State nor any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from First State or any of its affiliates. Any such transmission of information is entirely at your own risk and any material downloaded from this Website is downloaded at your own risk.
The information on this Website is provided “as is”. To the extent permitted by law, First State, its affiliates and its and their directors, officers, employees and agents expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity. First State and its affiliates will only be liable to you in respect of any direct losses arising from your use of, or inability to use, this Website in the event of First State’s gross negligence, wilful default or fraud. In no event will First State or any of its affiliates be liable to any person for any indirect, special or consequential damages arising out of any use of, or inability to use, this Website or the information contained on it or on any other hyper-linked site including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if First State is expressly advised of the possibility or likelihood of such damages. This does not affect First State’s liability for any loss or damage which cannot be excluded or limited under applicable law.
Nothing in these Terms is intended to exclude or restrict any duty or liability that First State has to its clients under the "regulatory system" in the United Kingdom (as such term is defined in the Financial Conduct Authority Rules), under applicable local regulatory rules or which may not be excluded or restricted as a matter of applicable law.
11. Access: First State reserves the right to suspend or withdraw access to any page(s) included on this Website without notice at any time and accepts no liability if, for any reason, these pages are unavailable at any time or for any period.
12. Compliance with Law and Regulation: When using this Website you must comply with all applicable local, national and international laws 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 this Website in certain countries and First State, its affiliates and its and their directors, officers, employees and agents disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.
13. Intellectual Property:
(a) Unless otherwise specified, First State is the owner or the licensee of all intellectual property rights in and to this Website, its content and the information, imagery and data published on it including but not limited to copyright and trade mark rights (whether registered or unregistered). Those works are protected by copyright laws and treaties around the world. All such rights, save as expressly granted, are reserved.
(b) Notwithstanding paragraph (a) above, no warranty or indemnity is given that the use of the Website, or any information or material taken or downloaded from the Website will not infringe the intellectual property rights of any third party.
(c) Reproduction in any form of any part of the content, information, imagery or data from, or underlying, this Website, save for in strict compliance with these Terms, is prohibited without the prior written consent of First State. All such intellectual property rights shall continue to be held by First State or its licensors and no rights of any kind in such rights shall pass to you.
(d) The information held on this Website is for your own personal use only. You may print off or download copies of, or extracts from, pages from this Website for your personal reference but you must not modify those copies or extracts in any way. First State (and any identified contributors), as the authors of material on this Website, must always be acknowledged.
(e) Notwithstanding paragraph (d) above, to the extent that you are a financial advisor, you may use the information available on this Website and provide copies of documents available on the Website to make recommendations to your clients, however such information is not intended for direct use by members of the public.
(f) Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action. First State disclaims all liability which may result from any unauthorised reproduction or use of the information on the Website.
(g) All trade marks, service marks, company names or logos are the property of their respective holders. The display of any trade names or trade marks on the Website does not imply that 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.
14. The Internet: Please note that there is no guarantee that any e-mail sent by you will be received by us, or that the contents of any such e-mail will remain private during internet transmission. Any information is sent at your own personal risk.
When you enter our website, you will be asked to accept some Terms and Conditions and a Cookie will remember if you have accepted them. This means that you don’t have to re-accept them on every visit. The Cookies we use here are ‘persistent’ as they remember your preferences. Every time we amend our Terms and Conditions, or on an annual basis, a new Cookie will be set and you will be asked to re-accept our Terms and Conditions.
We use analytics cookies to collect information on website activity (such as the number of users who visit our website, the date and time of visits, the number of pages viewed, navigation patterns, what country and what systems users have used to access the site and, when entering our website from another website, the address of that web site). This information on its own does not identify an individual but it does provide us with statistics that can be used to analyse and improve our website. These Cookies are ‘session’ cookies.
The browsers of most computers, smartphones and other web–enabled devices are usually set up to accept cookies. If your browser preferences allow it, you can configure your browser to accept all cookies, reject all cookies, or notify you when cookies are set. Each browser is different, so check the "Help" menu of your browser to learn about how to change your cookie preferences.
However, please remember that cookies are often used to enable and improve certain functions on our website. If you choose to switch certain cookies off, it will affect how our website works and certain functionality may not work.
More information about cookies can be found on allaboutcookies.org
17. Amendment: First State may delete or make changes to these Terms and to the information contained on this Website at any time. Where we make any changes to these Terms, you will be required to accept such changes in order to continue to use the Website. If you do not accept such revised Terms, you may no longer be able to access this Website.
If any provision of these Terms is found by any court or authority of competent jurisdiction to be illegal, void or invalid under the laws of any jurisdiction, the legality, validity or enforceability of the remainder of these Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
18. Third Parties: First State’s affiliates shall have the benefit of the rights conferred on them by these Terms but otherwise no person who is not a party to these Terms may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
19. Applicable Law: These Terms and any non-contractual obligations arising from or connected with them shall be governed by, and these Terms shall be construed in accordance with, the laws of England and Wales.
20. Jurisdiction: You agree that the English courts shall have exclusive jurisdiction in relation to any legal action or proceedings arising out of or in connection with these Terms (whether arising out of or in connection with contractual or non-contractual obligations) (“Proceedings”) and waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that Proceedings have been brought in an inappropriate forum. You further agree that this paragraph operates for the benefit of First State and accordingly First State shall be entitled to take Proceedings in any other court or courts having jurisdiction.
21. Contact Us: If you have any enquiries in relation to this Website or the information on it, please contact First State at firstname.lastname@example.org