Terms and Conditions
ACCESS TO AND USE OF THIS WEBSITE (THE “WEBSITE”) AND THE MATERIALS FOUND ON IT (ALONG WITH THE CONTENT OF ANY EMAIL CORRESPONDENCE SENT ON BEHALF OF ARGAN CAPITAL ADVISORS LLP (“ARGAN”, “WE” or “US”), OR ANY ENTITY OR PERSON ASSOCIATED WITH THEM) (THE “CONTENT”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). PLEASE READ THE TERMS CAREFULLY. BY ACCESSING AND USING THE WEBSITE AND THE CONTENT, YOU AGREE THAT THE TERMS ARE REASONABLE AND YOU AGREE TO BE BOUND BY THEM AND THE REGULATORY RESTRICTIONS GOVERNING THE USE OF THE WEBSITE. WE RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME WITHOUT NOTICE. YOU FURTHER AGREE NOT TO CHALLENGE THE REASONABLENESS OF ANY OF THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, YOU SHOULD NOT CONTINUE TO USE THE WEBSITE.
THE WEBSITE AND THE CONTENT ARE NOT DIRECTED AT OR INTENTED FOR DISTRIBUTION TO ANY PERSON (OR ENTITY) WHO IS A CITIZEN OR RESIDENT OF (OR LOCATED OR ESTABLISHED IN) ANY JURISDICTION WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) THE PUBLICATION OR AVAILABILITY OF THE WEBSITE AND THE CONTENT IS PROHIBITED OR WOULD SUBJECT ARGAN OR ANY MEMBER OF ITS GROUP (THE “ARGAN GROUP”) TO ANY REGISTRATION OR LICENSING REQUIREMENT IN SUCH JURISDICTION. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY ARE REQUIRED TO INFORM THEMSELVES ABOUT AND TO OBSERVE ANY LEGAL OR REGULATORY RESTRICTIONS WHICH MAY AFFECT THEIR ELIGIBILITY TO ACCESS THE WEBSITE AND IF NECESSARY, MUST NOT ACCESS THE WEBSITE. PROFESSIONAL ADVICE SHOULD BE SOUGHT IN CASES OF DOUBT.
ACCESS TO INFORMATION ON INVESTMENT PRODUCTS (“INVESTMENT PRODUCTS”) IS STRICTLY LIMITED TO EXISTING INVESTORS AND SUBJECT TO ACCEPTING FURTHER TERMS AND CONDITIONS SPECIFIC TO THE JURISDICTION OF SUCH INVESTOR. ONCE ACCEPTED, THOSE TERMS AND CONDITIONS WILL, TO THE EXTENT THAT THEY CONFLICT WITH THE TERMS, TAKE PRECEDENCE OVER THE TERMS. THE WEBSITE IS ONLY AVAILABLE TO INSTITUTIONAL OR PROFESSIONAL USERS AND BY ACCESSING THE WEBSITE USERS WILL BE DEEMED TO HAVE CONFIRMED THAT THEY MEET THE CRITERIA FOR THIS CLASSIFICATION. SUCH CONFIRMATION WILL BE TREATED BY ARGAN AS THE USER’S ACCEPTANCE THAT THEY UNDERSTAND THE DEFINITION OF THESE TERMS AS APPLICABLE UNDER THE REGULATORY REGIME OF THEIR COUNTRY OF RESIDENCE.
General: Argan Capital Advisors LLP is a limited liability partnership registered in England & Wales under number OC318420 and it is authorised and regulated in the United Kingdom by the Financial Conduct Authority (“FCA”) and entered in the FCA’s Register with the number 454382. Its registered office is at 15-17 Grosvenor Gardens, London, SW1W 0BD. The material available on the Website is communicated by Argan Capital Advisors LLP. To the extent that any Content is directed at users in the United Kingdom, it is issued or approved by Argan Capital Advisors LLP. Some entities in the Argan Group are not authorised and regulated by the FCA or any other regulated body and the Content may relate to unregulated business. For queries contact firstname.lastname@example.org or phone +44 (0)20 7647 6970.
No Offer: Access to and use of the Website and the Content is provided for information purposes only and neither the Website nor the Content should be construed as an offer or solicitation, invitation, recommendation or inducement to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction of any sort (unless expressly identified as such) to any person in any jurisdiction in which such an invitation or inducement is not permitted or where Argan is not qualified to make such an offer, invitation or inducement to them. It is the responsibility of any persons who wish to express an interest in any investment opportunity to inform themselves of, and to observe, all applicable laws and regulations.
Permitted Users of the Website: Any investments, investment opportunities or investment services which may be promoted on the Website are not available to private customers and are only available to limited categories of persons in the United Kingdom and in other jurisdictions who satisfy certain criteria. In addition, such investments, investment opportunities or investment services may not have been registered with the U.S. Securities and Exchange Commission and as such, may only be available to certain accredited U.S. investors. The Content is intended to be communicated only to such persons as Argan is legally able to send it and who are legally able to receive it in their jurisdiction of residence. If you are not such a person you should cease accessing the Website immediately. Argan Funds - Important information for persons in the United Kingdom: The Website includes information on collective investment schemes which are not authorised or otherwise recognised by the FCA, and, as unregulated collective investment schemes, cannot be marketed in the United Kingdom to the general public. Accordingly, the information relating to funds (whether currently in existence or proposed to be raised in the future) managed or advised by Argan or its affiliates (“Argan Funds”) is directed at existing investors in Argan Funds and those persons falling within Article 14 or Article 22 of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 of the United Kingdom, being the following persons:
(a) investment professionals;
(b) persons having professional experience of participating in unregulated collective investment schemes;
(c) a body corporate which has more than 20 members, or which is a subsidiary undertaking of an undertaking which has more than 20 members, and which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than £500,000;
(d) any other body corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than £5 million;
(e) any unincorporated association or partnership which has net assets of not less than £5 million;
(f) the trustee of a high value trust (being a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) is (i) £10 million or more; or (ii) has been £10 million or more at any time during the year immediately preceding the date on which this communication was first directed);
(g) any person whilst acting in the capacity of director, officer or employee of one of the previous four categories of person and whose responsibilities when acting in that capacity involve him or her in the participation by such person in unregulated schemes; or
(h) any person to whom this communication may otherwise lawfully be made.
Any investment or investment activity to which the information relating to Argan Funds on the Website relates is only available to persons falling within the above categories and will be engaged in only with such persons. Expressions of interest resulting from the information relating to Argan Funds will only be responded to if received from such persons. Persons of any other description should not rely on or act upon any communication in the Website.
Data Protection: In relation to any personal information that you may provide to us in connection with your use of the Website, Argan is committed to following policies which protect the privacy of such personal information and which comply with current data protection laws and regulations in respect of our processing of such personal information. By submitting your personal information you consent to the use of that information as set out in the Terms, including your consent to our use of your personal information for the purposes of communicating with you on any issues or questions which you raise with us. If we change the Terms we will post the changes on the Website so that you will be aware of the nature of personal information we collect and how we use it at all times.
Intellectual Property: The Website and the Content is protected by copyright, trade marks, database and other intellectual property rights, with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the Website for your own personal, non-commercial use, provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you, which remains vested in Argan at all times.You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, copy, distribute, link into or use for any public or commercial purpose any of the Content or any other material relating to the Website without the prior written permission of Argan.
Privacy: Third parties may be able to access information posted on the Website by means of the internet or otherwise. You acknowledge that communications transmitted by means of the Website are public and not private communications.
Investment Performance Information: Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall or rise. There can be no assurance that the investment strategy or objective of any Investment Product will be achieved or that investors will receive a return of the amount invested. Investment in any Investment Product will be subject to significant risks of loss of income and capital and interests in any Investment Product may be subject to restrictions on transfer.
The Website contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of Argan Funds. You can identify these forward-looking statements by the use of words such as “outlook”, “believe”, “expect”, “potential”, “continue”, “may”, “should”, “seek”, “predict”, “intend”, “will”, “plan”, “estimate”, “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Argan undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
No Advice: You should not rely on any information or opinions contained in the Website in making an investment or other decision but should obtain relevant and specific professional advice. The investments, services, transactions and activities referred to on the Website may not be appropriate for your specific purposes or circumstances. You are responsible for obtaining your own legal, tax and financial advice before taking any action in relation to any such investment, service, transaction or activity. Nothing contained on the Website constitutes or should be construed to constitute investment, legal, tax, regulatory, financial, accounting or other advice or as a recommendation by Argan or any other person. The information contained on the Website shall in no way be construed to constitute a recommendation with respect to the purchase or sale of any investment.
No Representation or Warranty: While Argan believes the Website and the Content to be fair and accurate, no representation, warranty or guarantee of any kind, express or implied is or will be given by Argan, any member of the Argan Group or any of its affiliates, directors, members, shareholders, partners, officers, employees, advisers or agents (together, its “Related Persons”), and, without prejudice to any liability for, or remedy in respect of, fraudulent misrepresentation, no responsibility or liability or duty of care is, or will be, accepted by Argan, any member of the Argan Group or any of its Related Persons as to the fairness, accuracy, completeness, currency, reliability or reasonableness of any information or any opinions contained within it, or of any other written or oral information made available to any recipient or its advisers in connection with the Website. None of Argan, any member of the Argan Group or any of its Related Persons accepts any responsibility for updating any information or correcting any inaccuracies within the Website or the Content or for providing any further or supplemental information to any person. You are solely liable for any use you make of the Website and/or the Content. The Content has not been formally verified and it is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from the Website before you use it. No reliance may, nor should, be placed upon the Content by any person.
In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the achievement or reasonableness of any future projections, forecasts, targeted or illustrative returns. Any past performance information contained within the Website or the Content is not an indication of future performance. It may not have been audited or verified by an independent party and should not be seen as an indication of returns which might be received by investors in any Investment Product. Similarly where projections, forecasts, targeted or illustrative returns or related statements or expressions of opinion are given they should not be regarded by any recipient as a guarantee, prediction or definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Any performance information provided on a ‘gross’ basis does not reflect any management fees, carried interest, taxes and allocable expenses borne by investors which in the aggregate may be substantial.
Exclusion of Liability: To the fullest extent allowed by law, Argan, any member of the Argan Group or any of its Related Persons shall not be liable under any circumstances (including, without limitation, its or their negligence or gross negligence but excluding circumstances where Argan, any member of the Argan Group or any of its Related Persons has been fraudulent) for any direct, indirect or consequential losses, damages, costs or expenses incurred or suffered by any person arising out of or in connection with the access to, use of or linking to other sites from, the Website or reliance on any statement in, or omission from, all or any part of the Website or the Content. In no circumstances shall Argan, any member of the Argan Group or any of its Related Persons have any liability for consequential or special damages. Nothing in the Terms shall limit our liability for death or personal injury resulting from any negligence of Argan, any member of the Argan Group or any of its Related Persons. Furthermore, Argan, any member of the Argan Group or any of its Related Persons will not be liable for any direct, indirect or consequential losses, damages, costs or expenses incurred or suffered by your use or inability to use the Website at any time or any delay or interruption in the availability or delivery of all or any part of the Website.
External Sites: The Website may contain links to other websites (the “Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Argan gives no guarantee that any Linked Sites accessed through the Website will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites.
Material Interests: Any part of the Argan Group and/or any of its Related Persons may have or have had an interest or holding, relationship or other arrangement with the Investment Products which may be material. Potential investors should refer to the applicable offering documents for any Investment Product and in particular, the potential conflicts of interest discussed therein.
No Protection for Non-UK Business: Your dealings with Argan or its affiliates in or outside of the UK are not covered by the rules and regulations made for the protection of investors in the UK, including any compensation arrangements, complaints process or rights of cancellation under the rules of the FCA. Similar protections may, however, be provided in the jurisdiction from which you access the Website. You should be aware however that any rules/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
Trade marks: "Argan" and the Argan logo are trade marks of Argan.
Viruses: We do not guarantee that material on the Website will be free from infection, viruses or worms or other codes which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. We will not be liable to you for any loss or damage (whether direct, indirect or consequential) arising from or in connection with any infection, virus or worms or other codes associated with the Website.
Security: You should be aware that the internet, being an open network, is not secure. You should have no expectation of privacy with respect to any communication on or through the Website. Please do not transmit any confidential information on or through the Website. If you choose to send any electronic communications to us by means of the Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We cannot guarantee that any information displayed on the Website has not been interfered with without our consent.
Severability: If any provision of the Terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision shall not be affected or impaired in any way thereby.
Governing Law and Jurisdiction: The Terms and the rights and obligations of any recipient or viewer of the Content (and any person that they represent) arising out of or in connection with it, the Website or the Content, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of England and Wales and shall be subject to the exclusive jurisdictions of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.