Terms & Conditions
As used herein, the terms “you” and “user” shall mean any visitor to the Website.
As used herein, the term “Besant” shall mean any company within the same group as Besant Capital SL.
Besant Capital SL
Calle Serrano 16, 1º izquierda
28001 Madrid
Nr. B-88304365
Registro Mercantil de Madrid
T 38760, F 85, S 8, H M-689142, I/A 1 (23.09.21)
Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access this Website.
You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, if any, or misuse of any information posted to this Website.
In case you provide us with personal information, you acknowledge that we may disclose and transfer any information that you provide through this Website to (i) any company within the same group as Besant, its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers.
Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session.
Copyright notices
The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned or duly licensed to Besant, except as otherwise expressly stated, by Besant or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademark notices
“Besant” and the Besant logo and are property and/or trademarks of Besant. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
Website content and materials
The information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website. The information on this Website is not intended as an offer or solicitation for the direct purchase of any service, stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
Information and materials contained in this Website – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice. Products and services described, as well as any associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Your eligibility for particular products or services is subject to final Besant determination and acceptance.
Some of our other websites or pages within this Website may contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
Materials and information posted on the Website may be printed for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the Website may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
All Besant research is subject to a disclaimer included in such research. Any material excerpted or summarized from a research report is subject to the terms of the disclaimer. The information on the Website, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Any investments discussed on the Website may fluctuate in price or value. Investors may eventually get back less than they invested. Changes in rates of exchange may have an adverse effect on the value of investments.
The value of the securities or financial instruments mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Prices, opinions and estimates reflect our judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.
You agree that (i) you will not engage in any activities related to this Website that are contrary to applicable law, regulation or the terms of any agreements you have with us, and (ii) in circumstances where locations of this Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
We or our suppliers may discontinue or make changes in the information, products or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only or, if no date is stated, the date of first posting. We do not undertake any obligation or responsibility to update or amend any information on this website. We reserve the right to terminate any or all website offerings or transmissions without prior notice to you. Furthermore, no distribution or solicitation is made by us to any person to use this website or the information, products or services in jurisdictions where the provision of this website and such information, products or services is prohibited by law.
Suitability and Appropriateness
Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors or in all geographical areas. Your particular needs, investment objectives and financial situation were not taken into account in the preparation of this Website and the materials contained herein. You must make your own independent decisions regarding any securities or financial instruments mentioned herein. The fact that Besant has made available to you through the Website, investment opinions and other information constitutes neither a recommendation that you enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for you. You should consider whether an investment strategy or the purchase or sale of any product is appropriate for you in the light of your particular investment needs, objectives and financial circumstances.
Potential Disruption of Service
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this Website. Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service;
strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. Besant will not be liable for any such loss.
Links to other sites
Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information.
Limitation of liability
Because of the possibility of human and mechanical error as well as other factors, the website (including all information and materials contained on the website) is provided “as is” and “as available.” We, our affiliates, and any third party data providers:
Are not providing any warranties and representations regarding the website;
Disclaim all warranties and representations of any kind with regard to the website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose;
Do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaims liability for errors or omissions in the materials and information; and
Will not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this website, any incompatibility between the website and the user’s files and the user’s browser or other site accessing program, or any other problems experienced by the user due to causes beyond our control.
No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing our responsibilities and obligations to clients in accordance with applicable laws and regulations.
Under no circumstances will we be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the website or any portion thereof, regardless of whether we have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Besant. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of Spain.
Any action against Besant arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you in court located in Madrid, Spain. You consent to the jurisdiction and venue of the courts located within Madrid, Spain, for the adjudication of all claims by Besant against you arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions.
Legal Disclaimer
The information on this site may inform you of certain investment products and services offered by the private business of Besant. No information published on the site constitutes a solicitation, offer or recommendation to enter into any transaction. The products, services, information and/or materials referenced within these web pages may not be available for all individuals or residents of certain jurisdictions.
IMPORTANT INFORMATION RELATING TO BESANT PUBLIC WEBSITES
Any views or strategies described may not be suitable for all investors and are subject to investment risks. Please read this Important Information in its entirety.
GENERAL RISKS & CONSIDERATIONS
Any views, strategies or products discussed on this site may not be appropriate for all individuals and are subject to risks. Investors may get back less than they invested, and past performance is not a reliable indicator of future results. Asset allocation does not guarantee a profit or protect against loss. Nothing on this site should be relied upon in isolation for the purpose of making an investment decision. You are urged to consider carefully whether the services, products, asset classes (e.g. equities, fixed income, alternative investments, commodities, etc.) or strategies discussed are suitable to your needs. You must also consider the objectives, risks, charges, and expenses associated with an investment service, product or strategy prior to making an investment decision. Contact your Besant representative for additional information concerning your personal investment goals. You should be aware of the general and specific risks relevant to the matters discussed on this site. You will independently, without any reliance on Besant, make your own judgment and decision with respect to any investment or strategy referenced on this site.
NON-RELIANCE
Information contained on this site is believed to be reliable; however, Besant does not represent or warrant its accuracy, reliability or completeness, or accept any liability for any loss or damage (whether direct or indirect) arising out of the use of all or any part of the materials on this site. No representation or warranty should be made with regard to any computations, graphs, tables, diagrams or commentary contained on this site, which are provided for illustration/reference purposes only. The views, opinions, estimates and strategies expressed on this site constitute our judgment based on current market conditions and are subject to change without notice. Besant assumes no duty to update any information on this site in the event that such information changes. Views, opinions, estimates and strategies expressed may differ from those expressed by other areas of Besant, views expressed for other purposes or in other contexts, and the content should not be regarded as a research report. Any projected results and risks are based solely on hypothetical examples cited, and actual results and risks will vary depending on specific circumstances. Forward-looking statements should not be considered as guarantees or predictions of future events.
Nothing on this site shall be construed as giving rise to any duty of care owed to, or advisory relationship with, you or any third party. Nothing on this site shall be regarded as an offer, solicitation, recommendation or advice (whether financial, accounting, legal, tax or other) given by Besant and/or its officers or employees, irrespective of whether or not such communication was given at your request. Besant and its affiliates and employees do not provide tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any financial transactions.
IMPORTANT INFORMATION ABOUT YOUR INVESTMENTS AND POTENTIAL CONFLICTS OF INTEREST
Conflicts of interest will arise whenever Besant have an actual or perceived economic or other incentive in its management of our clients’ portfolios to act in a way that benefits Besant. Conflicts will result, for example (to the extent the following activities are permitted in your account): (1) when Besant invests in an investment product, such as a mutual fund, structured product, separately managed account or hedge fund issued or managed by Besant or an affiliate, such as Besant; (2) when a Besant entity obtains services, including trade execution and trade clearing, from an affiliate; (3) when Besant receives payment as a result of purchasing an investment product for a client’s account; or (4) when Besant receives payment for providing services (including shareholder servicing, recordkeeping or custody) with respect to investment products purchased for a client’s portfolio. Other conflicts will result because of relationships that Besant has with other clients or when Besant acts for its own account.
Investment strategies are selected from both Besant and third-party asset managers and are subject to a review process by our manager research teams. From this pool of strategies, our portfolio construction teams select those strategies we believe fit our asset allocation goals and forward looking views in order to meet the portfolio’s investment objective.
As a general matter, we prefer Besant managed strategies. We expect the proportion of Besant managed strategies will be high (in fact, up to 100 percent) in strategies such as, for example, cash and high-quality fixed income, subject to applicable law and any account-specific considerations.
IMPORTANT INFORMATION FOR SUSTAINABLE INVESTING
We take a global approach to sustainable investing and the solutions offered through our Sustainable Investing Platform meet our internally defined criteria for a sustainable investment. Though we consider our internal criteria to be very thorough and selective, the evolving nature of sustainable finance regulations and the development of jurisdiction-specific legislation setting out the regulatory criteria for a “sustainable investment” mean that there is likely to be, in future, a degree of divergence as to the regulatory meaning of a “sustainable investment”. In particular, in the European Union, the Sustainable Finance Disclosure Regulation (EU) (2019/2088) (“SFDR”) prescribes certain criteria for a product to be classified as “sustainable” or having a “sustainable investment objective”. For further information on our products which promote environmental and/or social characteristics or have a sustainable investment objective within the meaning of Article 8 and/or 9 of the SFDR, please see our SFDR Art 8 and 9 Product Disclosures.