ISEFundHub Terms and Conditions for Professional Investors

This website, www.isefundhub.com (the "Website") is owned by The Irish Stock Exchange plc, trading as Euronext Dublin, a public company limited by shares registered in Ireland with company number 539157 (“Euronext Dublin” “we” “us” or “our”).

The use of this Website is subject to the following terms and conditions (“Conditions”). You may not use this Website for any purpose that is unlawful or prohibited by these Conditions. Euronext Dublin operates this Website as an independent service and not at the initiative of or on behalf of any AIF or AIFM.

Information on this Website is provided by individual managers according to criteria specified by Euronext Dublin. Each individual manager is responsible for the information and other material posted by it. Euronext Dublin has not reviewed or approved such material and accepts no responsibility for it.

This Website and the information on it are for the personal use of authorised users only and a user may not use, reproduce, distribute or make available such Website or any such information for any other purpose or to any other party.

Access
By accessing the password protected section of this Website, each user acknowledges and confirms that in so doing:

  • it is acting on its own initiative and not in response to any marketing or financial promotion by an individual AIF or AIFM or anyone acting on behalf of such entities;
  • it understands that the password protected section of this website contains information and material on AIFs and their AIFMs;
  • it accepts that this is likely to include material including performance data and links to other websites which will enable the user to make or assist the user in considering whether or not to make an investment in one or more such AIFs;
  • it wishes to solicit such information by accessing the password-protected section of this Website;
  • this Website is an information service only; and 
  • it will use this Website and the material on it for personal use only and will not use, reproduce, distribute or make available this Website or any such material on it for any other commercial purpose or to any other party.

 

No investments, redemptions, subscriptions or purchases may be effected through this Website.

The material on this Website is provided for use by users only, on and subject to these Conditions, and should not be passed or made available to other parties.

The information provided through this Website is not directed at any United States person or any person in the United States, any state thereof, or any of its territories or possessions and does not constitute an offer of such 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).

Data on this Website is not intended for distribution in or into, or for use by any person or entity in, any jurisdiction where any such distribution or use would be contrary to any local law, order, directive or regulation. You should acquaint yourself with any local laws, order, directives or regulations that might apply to the use of this Website.

The investment funds referenced on this Website are not being offered in the U.S., and are not available for purchase by U.S. persons. Information about investment funds is being provided for information purposes use only and should not be construed as an offer to U.S. persons.

It is a condition of each user’s access to and use of this Website that the user must ensure that it and any person for whom it acts or who acts on its behalf or to whom it provides information complies with any applicable such requirements. If a user is uncertain about its position under the laws of its country of residence or the country in which the Website is being viewed it should consult its legal adviser.

No Offer
The material on this Website (including, but not limited to, any documentation, data, literature or other material) is general in nature, subject to change without notice, and made available for information purposes only. It does not constitute an offer to enter into any contract or agreement, nor is it a solicitation or arrangement to buy or sell any investment. Any such investment may only be made by separate arrangement between the user and the other party or parties concerned. 

No Advice
Nothing contained on the Website constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain appropriate professional advice if you are in any doubt about the information contained on this website or before making any investment decision. Euronext Dublin has not made any recommendations regarding the merit of any company or other investment security identified on this Website nor has it sponsored any company or investment security identified on this Website.

No Reliance or Liability
All of the data on this Website, is made available "AS IS" without any representation or warranty, either express or implied, being given as to the accuracy, completeness, timeliness, reliability or otherwise of its content. No responsibility is accepted by us, or by you, for any errors or omissions or any inaccurate information on this Website.  Euronext Dublin makes no warranty or representation as to the adequacy, accuracy, reliability or completeness of any material on this Website or any other website to which you gain access via a hypertext or other link from this Website and expressly disclaims any liability for errors or omissions therein. You are therefore responsible for evaluating the adequacy, accuracy, reliability and completeness of any information or the content available via this website.

We also cannot guarantee that this Website will be available at all times or that it will be free from delays, interruptions and errors. To the fullest extent permitted by law, we expressly exclude, and accept no liability whatsoever in respect of, any loss or damage which may be suffered by you, or any third party, and/or which may arise from the use, or the inability to use for any period, this Website (or any website linked to it) or the use of, or any reliance placed on, any data contained on this Website (or any website linked to it), including, but not limited to losses, damages, costs, and expenses, including loss of earnings, loss of use, subsequent, ancillary, indirect and direct damage due to errors, omissions, changes in or reliance placed on the data collected and uploaded on the Website or connected to the Website through any available hyperlinks.

In the event of a breakdown, fault or malfunction of, or connection to, any system used in connection with the Service or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you and without providing advance notice to you, to temporarily suspend the Service or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.

Data Protection
Euronext Dublin may collect personal data about you such as your name, address, telephone number, email address details and other information as part of the registration process for this website and during your use of it. Euronext Dublin uses this information to provide this website and other services to you. Data is processed in compliance with Irish data protection law.

You also agree that Euronext Dublin has the right to transfer personal data to its associates and affiliates and service providers, whether inside or outside the EEA, for the purpose of providing these services to you.

Cookies
In using the Website, you and your organisation confirm and agree to be bound by these Terms and by the ISEFundHub's general terms and conditions of Website use and our acceptable use policy and the terms of any other documents which may be expressly referred to therein. If you do not agree to these Terms, please refrain from using our Website. Use of our Website includes accessing, browsing or registering to use our Website.

Termination
Euronext Dublin may terminate your access and use of any part of this Website at any time without notice (whether or not you are in breach of any of these Conditions).

Confidentiality
This website is accessible only with a password.  You must ensure that your log-in details and any other piece of information provided to you as part of the Website’s security procedures, are kept secure and confidential and that access to your login details, or any other piece of information, is restricted to you only. We reserve the right to disable your log-in details at any time, if in our opinion, you have failed to comply with any of the provisions of these Terms.  You shall be responsible for any access to the Website (whether or not authorised by you) made using such Password.  

Intellectual Property
Content included in this Website is owned by Euronext Dublin or its licensors and may be accessed for your own personal, non-commercial use only (whether or not it is confidential). Where the functionality is provided, you may also for this purpose download reasonable excerpts of this content to your own device. Other than this, you may not copy, perform, publish, modify, transfer, commercially exploit or otherwise use any content obtained from this Website.

Euronext Dublin expressly prohibits linking by other sites to any part of this website other than the home page (so-called “deep-linking”) or other than where Euronext Dublin has expressly given permission.  In addition, Euronext Dublin expressly prohibits the linking to the home page of this Website in such a manner that suggests or could be understood to imply that any part of this Website is part of another website and, in particular, third parties must not frame or use other techniques to enclose any part of this Website.

Law and Jurisdiction
When you use the Website, you accept that your use of the Website, any Data and other information on the Website and these Terms, will be governed by the laws of Ireland.

Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland and 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 these Terms in your country of residence or any other relevant country.

By clicking “I agree to the terms and conditions”, you consent to the above Conditions and, in particular, you confirm that:
1. you qualify as a per se Professional Investor; and
2. you fall outside the scope of any law that seeks to regulate financial promotions both in the country of your residence and in the country in which you are viewing this Website, and therefore by accessing this Website you will not contravene or cause Euronext Dublin to contravene any such law.

Glossary
In these Conditions, the following words and expressions have the following meanings:
AIF” means any collective investment undertaking, whether open or closed ended, other than a UCITS;
AIFM” a legal person whose regular business is performing AIFM investment management functions for one or more AIFs as contemplated in the AIFMD;
AIFMD” means Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers, Delegated Regulation (EU) No 231/2013 and any related directives, regulations and guidance;
marketing” means a direct or indirect offering or placement at the initiative of the AIFM or on behalf of the AIFM of units or shares of an AIF it manages to or with investors domiciled or with a registered office in the Union;
financial promotion” means an invitation or inducement to engage in investment activity that is communicated in the course of business, as more particularly defined in and pursuant to the Financial Services and Markets Act 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (SI 2005/1529) and the FCA handbook or any similar or equivalent regime in any other jurisdiction. References to rules or legislation are to such legislation and rules as the same may be modified or substituted from time to time;
Per Se Professional Investor” means an investor who is considered to be a per se professional client within the meaning of Annex II to the Markets in Financial Instruments Directive (2004/39/EC);
retail investor” means an investor who is not a considered to be a per se professional investor; and
UCITS” means undertakings for collective investment in transferable securities as defined in Directive 2009/65/EC.