After you have read and understood these Terms, you may click "Accept" to confirm that you agree to the Terms.
The use of www.bbhluxembourgfunds.com (this "Website") is subject to the following terms and conditions (the "Terms").
Before you proceed, you must acknowledge that you have read, and agree to, our terms and conditions.
If you are neither an existing investor nor from a "Target Jurisdiction" please refrain from using this website and follow this link to return to the main website: http://www.bbhluxembourgfunds.com
By clicking "Accept" you:
(i) expressly acknowledge that you have read and understood the Terms and agree to abide by them;
(ii) represent, warrant and undertake that you are a Current Investor, and that you are NOT resident in the United States of America and are not a U.S. Person (as defined in Regulation S under the US Securities Act of 1933),
(iii) confirm that you are only granted access to this website on the basis of your confirmation that you are either a Current Investor in the Funds or located in a Target Jurisdiction.
(iv) are not residents or entities of any country where the Funds are not authorized for distribution, or in which the dissemination of information regarding the Funds on the World Wide Web or any offer or solicitation in relation to the Funds is not permitted.
In these Terms, references to "you" and "your" are references to any person using or accessing (or attempting to use or access) this Website.
1. About BBH Luxembourg Funds: BBH Luxembourg Funds (the "Company") is a Luxembourg-registered socit d'investissement capital variable (SICAV) - undertaking for collective investment in transferrable securities organised under Part I of the Luxembourg Law of 17th December 2010 and regulated by the Commission de Surveillance du Secteur Financier (the "CSSF"), the Luxembourg financial services authority. The SICAV designated FundRock Management Company S.A. to serve as its designated management company in accordance with Chapter 15 of the Luxembourg Law of 17th December 2010; FundRock Management Company S.A. was incorporated on 10 November 2004 for an unlimited duration under the laws of Luxembourg and registered on the official list of Luxembourg management companies.
2. About this Website: : The information on this Website is issued and communicated by the Company on the basis that it is a UCITS, which is authorised and regulated by the CSSF.
This Website contains information about the Company and those of its sub-funds (the "Funds") which have been registered, or otherwise notified, for public distribution and marketing in the relevant target jurisdiction or in a current investor?s country of domicile and/or residence.
Please note that the fact of such registration or notification does not mean that any regulator (including the CSSF) has determined that the 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.
3. Access to this Website: In order to access this Website, you have been asked to indicate your country of residence. Your selection will be used to determine the information that you will be able to access on this Website. If you have selected 'Current Investor' as your country of residence, by so doing, you represent, warrant and undertake to us that you are resident in that country. Failure to provide us with accurate information will be treated as a material breach of these Terms. Certain Funds may not be available in all geographical locations and so information about certain sub-funds of the Company may not be available to all users of this Website. You must not attempt to gain access to areas of this Website other than those made available to investors in your country of residence. If your country of residence changes, you must access this Website selecting your new country of residence. You should be aware that this may result in you not being able to access (i) information in relation to the same Funds as previously, or (ii) any information at all. Please note that the fact of selecting a country of residence does not mean that all or any of the Funds in relation to which information is made available, have been deemed suitable for you.
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 unlawful to access or download the information contained on this Website in certain countries and the Company disclaims all responsibility if you access or download any information from this Website in breach of any law or regulation of the country in which you are residing or domiciled.
By confirming that you are either resident in a Target Jurisdiction, or that you are a Current Investor in the Fund, BBH & Co., will be acting in reliance upon your undertaking, warranty and representation in permitting your access to the website, and by accessing the website you agree to indemnify and hold BBH & Co., harmless from and against all claims liabilities, losses, damages, costs and expenses incurred or suffered by BBH & Co. by reason of any breach of such undertaking, warranty and representation.
You represent and warrant that, prior to making an investment in any Fund, you will read the Company Charges Disclosure applicable to that Fund, in good time before making such investment.
You acknowledge and agree that the Company Charges Disclosures only take into account charges that are charged by or incurred at the level of the Fund, and do not include or take into account any third party charges you may additionally bear (e.g. any fee charged separately to you by a distributor or investment advisor). You should request details of any charges charged by a third party directly from such party.
The Company 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.
4. U.S. Persons: Shares in the Funds are not being offered, and will not be sold, within the United States or to, or for the account or benefit of, any U.S. Person. The term U.S. Person shall have the meaning given to it in Regulation S under the United States Securities Act of 1933, as amended, and includes, among other things, U.S. residents and U.S. corporations and partnerships.
5. Selling Restrictions: The distribution of the information and documentation on this Website may be restricted by law in certain countries. This Website, and the information and documentation 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. The Funds are not available, and offering materials relating to them will not be distributed, to any person resident in any country where such distribution would be contrary to local law or regulation.
6. No Investment Advice: The information on this Website is provided for information only and on the basis that you will make your own investment decisions.
Nothing contained on this Website constitutes, and nothing on this Website should be construed as, investment advice or a recommendation to buy, sell or otherwise transact in any investment including interests in the Funds. It is strongly recommended that you seek professional investment advice before making any investment decision.
The information on this Website does not take account of any investor's investment objectives, particular needs or financial situation. Investment in the Funds may not be suitable for you. In addition, nothing on this Website shall, or is intended to, constitute financial, legal, accounting or tax advice.
The Company 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 "investment services" or "ancillary services" for the purposes of the Markets in Financial Instruments Directive.
You should consider whether an investment fits your investment objectives, particular needs and financial situation before making any investment decision. You should also inform yourself as to (a) the possible tax consequences, (b) the legal requirements and (c) any foreign exchange restrictions or exchange control requirements which you might encounter under the laws of the countries of your citizenship, residence or domicile and which might be relevant to the subscription, holding, transfer or disposal of shares in the Funds.
Any opinion, comment, financial analysis, market forecast, or other such information is not binding on The Company nor is it deemed responsible for the opinions or ideas offered.
7. Past Performance: To the extent that this Website contains any information regarding the past performance of the Funds, such information is not a reliable indicator of future performance and should not be relied upon as a basis for an investment decision. Prior to 28 June 2011, the "Company" was registered as a "specialized investment fund" (SIF) and not an "undertaking for collective investment in transferable securities" (UCITS). Past performance prior to 28 June 2011 is related performance and based on the Company as a SIF, during which period the Company was already managed in compliance with (i) the concentration rules; (ii) rules on financial derivatives instruments; and (iii) the leverage and borrowing rules, foreseen by Chapter 5 of the Luxembourg law dated 17 December 2010 on undertakings for collective investment. Note that the performance information for the period in reference may not be exactly representative of the Sub-funds' current structure under the UCITS regime. The figures represent related past performance data and may not be 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. The value of investments in the Funds may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall.
8. Price 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. The Company accepts no responsibility for updating such price information.
9. Risk Warnings: There are significant risks associated with an investment in any of the Funds. Investment in the Funds is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment) and you should ensure that you have fully understood such risks before taking any decision to invest.
Investments in the Funds are neither insured nor guaranteed by the US Government, the Federal Deposit Insurance Corporation or any other investor compensation scheme and are not deposits or obligations of, or guaranteed by, any entity within the Brown Brothers Harriman group.
These Terms do not represent a complete statement of the risk factors associated with an investment in the Funds. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund. You should consider these risk warnings carefully and take appropriate investment advice before taking any decision to invest.
10. Offering Documents: The terms of any investment in a Fund are governed by the documents establishing such terms. An application for interests in any of the Funds should only be made having fully and carefully read the relevant prospectus, key investor information document, the latest financial reports and any other offering documents for the relevant Fund which are available on this Website and upon request from the fund representative in your jurisdiction on this Website or by contacting the Company or the Administrator of the Company.
Germany : Dejan Djurdjevi
Tel.: +49 (0) 69 7174 497
Email : firstname.lastname@example.org
United Kingdom : Societe Generale
One Bank Street; Canary Wharf, London E14 4SG
Luxembourg: BBH Luxembourg Funds
6, route de Treves
Grand Duchy of Luxembourg
Tel. 1-800-625-5759 or +352 46 26 85 633
Fax Number: +352 22 74 43
11. Information on this Website: 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 shares in the Funds. This Website, and the information on it, constitutes a marketing communication for the purposes of Directive 2009/65/EC of the European Parliament and of the Council on the Coordination of Laws, Regulations and Administrative Provisions relating to Undertakings for Collective Investment in Transferable Securities (the "UCITS Directive").
The information on this Website is provided in good faith and reasonable care has been taken to ensure that such information is accurate, current and fit for its intended purpose. To the extent that any information on this Website relates to a third party, such information is the property of that third party who maintains sole responsibility for the information. As such, the Company accepts no liability for such information. No representation or warranty of any kind regarding the accuracy, validity or completeness of the information on this Website is given and, to the extent permitted by applicable laws, no liability is accepted for the accuracy or completeness of such information. Any person who acts upon or changes his investment position in reliance on information contained on this Website, does so entirely at his own risk. In the event of any inconsistency between the information on this Website and the terms of the relevant offering documents, the terms of the offering document shall prevail.
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. All content on the Website is subject to modification from time to time without notice. Please contact the Company (using the details In the Contact Us section below) for further information regarding the validity of any information contained on this Website.
12. 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.
The internet is not a completely reliable transmission medium and neither the Company nor any of their 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 the Company or any of their 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, the Company, their affiliates and each of 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. In no event will the Company the Company or any of their affiliates be liable to any person for any direct, indirect, special or consequential damages arising out of any use of, or inability to use, this Website or the information contained on it including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if the Company is expressly advised of the possibility or likelihood of such damages. This does not affect the liability of the Company for any loss or damage which cannot be excluded or limited under applicable law.
13. Intellectual Property: The entire content of this Website is subject to copyright with all rights reserved. You may not copy, reproduce, distribute or modify the content of this Website without the prior written permission of the Company.
16. 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. The Company 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. The Company 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.
17. Amendment: The Company may delete or make changes to these Terms and to the information contained on this Website at any time. We will notify you of any changes to these Terms from time to time. 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: Affiliates of the Company 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 Luxembourg.
20. Jurisdiction: You agree that the Luxembourg 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 the Company and accordingly the Company shall be entitled to take Proceedings in any other court or courts having jurisdiction.
22. Contact Us: If you have any enquiries in relation to this Website or the information on it, please contact the Company at 1-800-625-5759.
I hereby confirm that I fall within the category of an eligible investor, understand that I will not receive any investment advice and accept the Terms and Conditions outlined above.
After you have read and understood these Terms, you may click "Accept" to confirm that you agree to the Terms.