Terms & Conditions
Please read these Terms and Conditions (the “Terms”) carefully before proceeding as the distribution and circulation of the information provided on this website may be restricted due to certain regulations imposed – www.maniyar.com (the “Website”).
Terms and Conditions
1. Maniyar Capital Advisors UK Ltd.
1.1 The Website is operated and issued by Maniyar Capital Advisors UK Ltd. (“MC” or the “Company”, “we”, or “us”) which is authorised and regulated by the Financial Conduct Authority of the United Kingdom (the “FCA”) (Reference Number: 849366). You can obtain access to the FCA's rules and guidance notes from the following link: http://www.fca.org.uk.
1.2 MC is a limited company registered in England and Wales (Company Number: 11972438), with its principal place of business and registered address at 33 Broadwick Street, London, W1F 0DQ, United Kingdom.
1.3 General enquiries about this Website should be sent to firstname.lastname@example.org
Enquiries about investments in any MC managed product should be sent to email@example.com
2.1 This notice sets out the terms and conditions in which you may use this Website, applicable to all pages, even where not individually disclaimed. These terms also integrate our Cookies Policy and Privacy Notice (please reference paragraph 3 below) and various other policies and procedures that we may publish from time to time on this Website. They will be individually incorporated through reference and may be updated from time to time without notice.
2.2 By using this Website, you confirm that these terms and conditions will be accepted and complied with. If you disagree with any segments of these terms and conditions, you are not permitted to use this Website.
3. Cookies and Privacy
3.2 For information on how MC uses various types of personal data, please refer to our Privacy Notice.
4. The Financial Reporting Council’s Stewardship Code
4.1 Under the rules of the FCA Handbook, MC is required to include a disclosure of the nature of its commitment to the UK Financial Reporting Council's Stewardship Code (the “Stewardship Code”) or, where it does not commit to the Stewardship Code.
4.2 MC’s Stewardship Code disclosure statement is available on this Website.
5. Intended Audience of the Website
5.1 This Website is directed only at persons who are professional investors (for the purposes of the Alternative Investment Fund Managers Directive (2011/61/EU) (“AIFMD”)) (“Professional Investors”); professional clients or eligible counterparties (for the purposes of the Markets in Financial Instruments Directive (Directive 2004/39/EC) (“MiFID”)) (“Professional Clients” or “Eligible Counterparties”); or as otherwise defined under applicable local regulations and at whom this site and the information on it may lawfully be directed in any relevant jurisdiction. MC has been appointed to perform the services of portfolio management and risk management for the Fund and, accordingly, will act as the alternative investment fund manager (“AIFM”) of the Fund for the purposes of the Alternative Investment Fund Managers Directive (“AIFMD”).
5.2 The Website site is not intended to be used by any person in the United States other than persons who are "Qualified Purchasers" (as defined in the United States Investment Company Act of 1940, as amended) and/or "Accredited Investors" (as defined in Rule 501(a) under the United States Securities Act of 1933).
5.3 By accepting these Terms, you hereby certify that you are a Professional Investor, a Professional Client, an Eligible Counterparty, or a Qualified Purchaser or Accredited Investor.
5.4 It is your responsibility to inform yourself, and to comply with, all relevant legal or regulatory requirements of any jurisdiction of which you are a citizen, a resident, or are accessing this Website which may affect your eligibility to access the Website or subscribe to any investment services that MC offers. In particular, it may be illegal to view and/or download certain information contained on this Website in some countries and we disclaim all responsibility if acts mentioned in the previous paragraph are in breach of any law or regulation of the country in which you are a citizen, or a resident or domiciled.
5.5 The services, funds, and products described on this Website are not made available in all countries or to all investors. As such, this Website and the information stated do not address and are not directed at any person resident in the territory, country, or jurisdiction where such distribution would be contrary to the local law or regulation. Some funds are not available, and offering materials in relation will not be distributed, to persons resident in any country where such distribution would be conflicting to the local law or regulation.
5.6 Any person subscribing for an investment, product, or service referred to on this Website must be able to bear the risks involved with such investment, product, or service, and must meet the applicable suitability requirements relating to such investment, product or service. Some or all investment plans offered by MC may not be suitable for certain investors.
5.7 If any information provided by MC presented on this Website is unclear, you should seek professional advice.
6. Right to Deny Access
6.1 MC reserves the right to deny you access to this Website. We may immediately suspend or terminate your access to this Website or disable any username or password (whether chosen by you or allocated to you by us), at any time, and at our sole discretion.
6.2 We may have reasons to update the Website from time to time, though we are not under any obligation to do so. We may update or remove information from the Website without notice. From time to time, we may restrict or suspend access to some parts or the entire Website, i.e., for maintenance purposes. As such, access to the Website is not necessarily permanent or guaranteed.
7. Your Responsibilities
7.1 With the usage of this Website, you agree that you will not:
(A) use the Website for any unlawful, improper, or illegal purpose or activity, nor will you use this Website to damage our name or reputation, or that of any third party;
(B) misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Unauthorized access to the Website is not allowed, as well as the server on which the Website is stored, or any server, computer or databases connected to our website. You must not attack the Website using a denial-of-service attack or a distributed denial-of service attack;
(C) violate our, or any third party’s copyright, trademark, proprietary or other intellectual property rights, as outlined further below;
(D) access, copy, or otherwise use the Website, except as authorised by these Terms or as otherwise authorised in writing by MC in its sole and absolute discretion; and/or
(E) impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity.
8. Use of Website Content
8.1 In the United Kingdom, the issue and communication of this Website has been approved by MC. If you are in the United Kingdom or elsewhere in the EEA, you should note that this Website may contain information or documents which constitute a financial promotion for the purposes of the Financial Services and Markets Act 2000 and the FCA Rules. This Website is issued only to and/or is directed only at persons who are Professional Clients, Eligible Counterparties or Professional Investors.
8.2 The information on this Website does not constitute an offer of, or an invitation to apply for or purchase any securities, investments, products or services. MC does not provide investment advice to, nor receive and transmit orders from, investors in any funds, nor do we carry on any other activities with or for such investors that constitute ‘MiFID or equivalent third country business’ for the purposes of the FCA Rules.
8.3 The information and opinions on this Website do not constitute an investment recommendation, or other information recommending or suggesting an investment strategy.
8.4 The information and opinions contained on this Website have been compiled, or arrived at, by us from sources believed by us to be reliable as at the date of publication, however it is subject to change without notice. The information and opinions do not in any way constitute investment, legal, tax or other advice and are for background purposes only.
8.5 This Website is not intended to provide a sufficient basis on which to make any investment decision and you should not solely rely on it in evaluating the merits of investing in any investments, products or services referred to on this Website. Any decision to purchase securities or interests with respect to any funds must only be made having thoroughly read the relevant prospectus or offering memorandum for the relevant fund, including any supplements, which must be received and reviewed prior to any investment decision and which may contain information which is different from the information and opinions contained on this Website.
8.6 There is no way to invest through the Website. Enquiries about investments in any MC managed product should be sent to firstname.lastname@example.org
9. Accuracy of Information
9.1 We have taken reasonable care to ensure that the information on this Website is accurate, current, fit for its intended purpose and compliant with applicable law and regulation. However, errors and omissions may occur due to circumstances beyond our control, and neither MC nor its affiliates offer any warranties or representations regarding the accuracy, validity or completeness of the information on this Website.
9.2 As such, MC and its affiliates expressly exclude liability and responsibility arising from your reliance on the information and other materials on the Website, or the reliance of anyone with whom you share the materials.
9.3 You must conduct your own due diligence and investigations rather than relying on any information on this Website. Any person who acts on, or changes their investment position in reliance on, the information contained on this Website does so entirely at their own risk.
10. Our Liability
10.1 Further to paragraph 9, neither we nor our affiliates accept any responsibility for any reliance which is placed by any visitor to this Website, or by anyone who may be informed of any of its contents, on any information or opinions which are expressed herein and, to the extent permitted by law, expressly exclude all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity.
10.2 MC and its affiliates shall have no liability for any data transmission errors such as data loss or damage or alteration of any kind, including, but not limited to, any direct, indirect or consequential damage, arising out of the use of our Website or other services.
10.3 Further, you agree that if you transmit confidential or proprietary information through the Website, you do so entirely at your own risk.
11. Your Indemnity
You agree to indemnify, defend, and hold harmless MC, its affiliates and our respective officers, partners, employees, and agents from and against all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your breach of the Terms and/or access to or use of this Website.
12. Third Party Websites
12.1 At times this Website may contain links to or from other websites over which MC has no control. These links are solely for your convenience or information, and may be subject to their own terms and conditions. We cannot verify the accuracy of any information contained in third party websites, nor does the inclusion of these links represent an endorsement or a recommendation of the third-party websites. MC accepts no liability for the content of any website to which the Websites link.
13. Investment Performance
You should note that investments do involve risk and past performance is not a guide to future performance. The value of your investments and the income from them may go down as well as up, and returns are not guaranteed. Tax reliefs may change as per the UK budget from time to time, as they have done previously, and rates of exchange may cause the value of investments to go up or down.
14. Calls Recorded
For the protection of all parties, telephone calls to MC or its affiliates may be recorded.
15. Intellectual Property
15.1 We are the owner of all intellectual property rights in the Website, and the material published on it, including, among other things, all trademarks, logos, service marks and service names, whether they are registered or not. These works are protected by, among other things, copyright laws and treaties around the world. We reserve all such rights.
15.2 You may use, download, and reproduce in hard copy, the Website and any materials located on it for your own reference only. You must not otherwise copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Website content in any way without licence from us. You also agree not to adapt, alter or create a derivative work from any Website content.
15.3 Nothing on this Website should be construed as granting any licence or right in relation to any of our trademarks, or any third party.
16. Changes to Terms
We may revise these Terms from time to time by updating this page. The revised Terms will take effect when they are posted. You are expected to check this page from time to time and to take notice of any changes we may have made, as by using this Website you acknowledge that you have accepted any such amendments.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms (such determination shall not affect the validity and enforceability of any other remaining provisions). When used in these Terms the words ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.
18. Material Interests
We and our partners, officers and/or employees may have holdings in the investment funds referred to on this Website and may otherwise be interested in transactions that you effect in those funds.
19. Term and Termination
19.1 These Terms will apply to you as soon as you access the Website and will continue to have effect until they are terminated or if you are no longer interacting with us.
19.2 We may terminate your right to use the functions of our Website at any time, including if you violate or breach these Terms or if allowing you to access and use the Website or its related functions would violate any applicable local, state, provincial, national and other laws, rules and regulations, or would expose MC to any legal liability whatsoever.
19.3 If these Terms are terminated or you are no longer interacting with MC, these Terms may no longer apply. However, any provisions of the Terms that by their nature should continue to apply after termination of these Terms will do so. This includes, without limitation, all limitations on liability, choices of law and judicial forum and intellectual property protections and licences.
20. No Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
21. Third parties
We shall have the benefit of the rights conferred on us 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.
22. Entire agreement
23. Governing Law
These Terms and any non-contractual obligations arising from or connected with them shall be governed by and shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use on this Website (whether arising out of or in connection with contractual or non-contractual obligations) (‘proceedings’) and it is a condition of using this Website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, 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
1. Personal data you supply to the firm in circumstances where you apply for a job at the firm either directly or via a third-party recruiter.
2. Information you supply MC and its Investor Relations team as a prospective investor.
This policy applies if you are a client, an investor, shareholder, beneficial owner, officer, director, employee, or prospective client or investor whose personal data MC collects and manages in conjunction with its business.
Please contact a representative of MC with any queries or concerns regarding the handling of your personal data: email@example.com
1. What kind of personal data does MC collect?
Candidate data: In order to assess you for employment opportunities, MC needs to process certain information about you. MC only asks for details that will genuinely help to assist in this process, such as your name, age, gender, contact details, education details, employment history, emergency contacts, immigration status, financial information (where we need to carry out financial background checks) social security number as well as verbal and written references. Where appropriate and in accordance with local laws and requirements, we may also collect information related to your health and any criminal convictions.
Prospective investor data: In order to provide you with information about MC and its funds and associated investment opportunities it may be necessary for MC to process certain personal information such as names, telephone numbers and email addresses and any personal identification documents you supply in order to confirm your identity.
2. How does MC collect Personal Data?
MC may collect personal data through a range of means. These may include:
a) direct interaction where you provide us with your personal data through telephone or email correspondence or other methods such as investment applications or for prospective employment.
b) third party interaction such as intermediaries or banks or through third party recruitment firms for prospective employees.
c)other public sources
3. How does MC use your personal data?
Candidate data: Your personal details are used by MC to help us (a) assess your suitability for roles that you have applied for either directly or via a recruiter (b) carry out background checks, verification and referencing on you as a candidate (c) to carry out MC’s obligations relating to any potential contracts entered into between MC and you; and (d) to comply with legal or regulatory obligations applicable to MC.
The provision and processing of your personal data is necessary for MC in the context of your potential employment. Without the ability to process your personal data, MC would not be able to assess you for employment at the firm and therefore MC has a legitimate interest in processing your personal data as part of its pre-employment screening.
Prospective investor data: information about prospective investors is used by MC (a) for the purposes of discussing and reviewing potential investments in MC funds (b) assessing an investor’s appropriateness to invest in the fund as an unregulated collective investment scheme (c) to carry out MC’s obligations relating to contracts to be entered into between MC funds and you; (d) for the general administration of potential investments into the MC funds; and (e) to comply with legal or regulatory obligations applicable to MC.
In order to ensure MC provides you with efficient investor relations service and access to information about MC and its funds, MC will store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of conversations, meetings and investor preferences. The provision and processing of your personal data is necessary for MC in the context of your potential interest in the fund. Without the ability to process your personal data, MC would not be able to assess you as suitable to invest in the fund and therefore MC has a legitimate interest in processing your personal data as part of its investor screening activities.
4. Who does MC share your personal data with?
Candidate data: Your personal data will be shared internally with any of MC’s group companies for the purposes of candidate selection and appointment. Your personal data will also be shared with inter alia third party suppliers who provide screening and testing services to the firm as well as legal, tax and HR advisers and third party recruiters. If references are sought MC will also share your personal data with previous employers and referees.
Prospective investor data: MC will share personal data on prospective investors with inter alia the fund boards, administrators to the funds, legal, tax and accounting advisers as well as third party financial intermediaries in certain instances.
Personal data will only be disclosed by MC to a third party in circumstances where that third party has agreed to respect the security of personal data and treat it in accordance with applicable law. Third parties to whom any personal data may be disclosed will be permitted to use personal data only as described in this policy and they will only be permitted to process personal data for specified purposes and otherwise in accordance with the instructions of MC.
5. Transfer of Personal Data outside the European Economic Area
If in future MC transfers personal data outside the EEA, it will seek to ensure a similar degree of protection is afforded by ensuring that personal data is transferred only to persons in countries outside the EEA in one of the following circumstances.
• To persons and undertakings in countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• To persons and undertakings to whom the transfer of such personal data is made pursuant to a contract that is compliant with the model contracts for the transfer of personal data to third countries from time to time approved by the European Commission.
• To persons and undertakings based in the United States if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the United States.
6. How does MC safeguard your data?
MC has in place security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. These security measures include procedures to deal with any suspected personal data breach. MC will notify any affected person and any applicable regulator of any personal data breach in circumstances where they are required to do so by applicable law.
7. How long does MC retain your personal data for?
How long we may hold your personal data for will vary based on different criterias. The retention period will depend on legal obligations or the usage purpose.
You have the right to obtain information regarding the processing of your personal data and request access to any personal data concerning you that MC is processing. Whilst MC takes efforts to ensure that all personal data that it processes is accurate and up-to-date, you may ask MC to rectify any inaccurate or incomplete personal data concerning you and MC will do so without undue delay. You have the right to withdraw your consent to the processing of your personal data at any time. Please note, however, that MC may still be entitled to process your personal data if we have another legitimate reason for doing so.
8. Recording and Monitoring of Calls and Other Communications
MC may record and monitor various forms of communications for regulatory purposes including telephone calls with MC. Emails or other electronic communications may be stored for legal or regulatory purposes.