Please read this information carefully before using this website (the
‘Site’). By clicking the ‘I Accept’ button below you agree
that you have read and accepted these terms and conditions (the
‘Agreement’) and the restrictions governing the use of the Site.
Ghisallo Capital Management LLC (‘Ghisallo Capital’) may suspend your
use of this Site immediately if you do not comply with this Agreement.
The Site is communicated by and is the property of Ghisallo Capital, which is a
limited liability partnership registered in England and Wales with Registered Number
OC382552. Ghisallo Capital’s registered office is at Stratton House, 5
Stratton Street, BOSTON, W1J 8LA.
Ghisallo Capital is authorised and regulated by the Financial Conduct Authority.
Ghisallo Capital is also registered with the U.S. Securities and Exchange Commission
(“SEC”) as a registered investment adviser. Registration with the SEC or
with any U.S. state securities authority does not imply a certain level of skill or
training. Ghisallo Capital does not comply with the Investment Advisers Act of 1940,
as amended, with regard to its non-US clients.
Restricted Access
All persons who access this Site are required to inform themselves of and to comply
with all applicable sales restrictions in their home country. Access to this Site
and any information on the Site (including without limitation information relating
to any fund described on this Site (each a ‘Fund’) is not directed at
any person in any jurisdiction where (by reason of that person’s nationality,
residence or otherwise) it is prohibited to access the Site or direct such
information for any reason. If you are a person in a jurisdiction in which such
prohibitions apply you must not access this Site. If you are a person located in any
jurisdiction where there are restrictions on the type of person who may access
information relating to unregulated Funds then, by selecting ‘I AGREE’,
you will be undertaking, warranting and representing to Ghisallo Capital, that you
are not causing Ghisallo to breach any of those restrictions by your accessing of
those parts of the Site. It is your responsibility to be aware of and to observe all
applicable laws and regulations of any relevant jurisdiction.
Access to any restricted area of this Site requires possession of a valid password
and no other person should attempt to gain access to it. You must keep your password
confidential. You are solely responsible for maintaining the confidentiality and
security of your password. You accept full responsibility for any use of your
password. Your right to use the Site is subject to your agreement to abide by this
Agreement in its entirety, as well as any other rules, procedures, policies, terms
or conditions that govern all or any portion of the Site. At any time and for any
reason we may revoke your right to use all or any portion of this Site.
Disclosure
The information contained on this Site is exempt from the scheme promotion
restriction (section 238 of the Financial Services and Markets Act 2000 of the
United Kingdom) upon the communication of invitations or inducements to participate
in unrecognised collective investment schemes, on the grounds that it is being
issued to and/or directed at only the types of person referred to above.
The material contained on this Site, which is a financial promotion and marketing
communication, is issued inside and outside the United Kingdom by Ghisallo Capital
(which is authorised and regulated by the Financial Conduct Authority of the United
Kingdom (‘FCA’) and is issued only to and/or directed only at persons
who are professional clients or eligible counterparties for the purposes of the
FCA’s Conduct of Business Sourcebook (the ‘FCA Sourcebook’).
Accordingly, the opportunity to invest in the Funds or to participate in any other
investments to which this material relates is only available to professional clients
or eligible counterparties and this material must not be relied or acted upon by any
other persons.
No Offer or Advice
This material is provided for information purposes only and does not constitute an
invitation or offer to subscribe for or purchase interests in the Funds. The Site is
not intended as and is not to be taken as an offer or solicitation with respect to
the purchase or sale of any security or interest, nor does it constitute an offer or
solicitation in any jurisdiction, including those in which such an offer or
solicitation is not authorised or to any person to whom it is unlawful to make such
solicitation or offer. Any decision to purchase securities or interests with respect
to any of the Funds described on this Site must be based solely upon the information
contained in the Prospectus.
The material contained on the Site is not intended to constitute, and should not be
construed as, investment advice and the information herein is not provided in a
fiduciary capacity. Potential investors in the Funds should seek their own
independent financial advice. Ghisallo 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 ‘MIFID or
equivalent third country business’ for the purposes of the rules of the FCA.
The Site does not allow visitors to make investments in any of the Funds. If you
require additional information, you should contact appropriate Ghisallo personnel.
Risk Notice
Ghisallo Capital wishes to draw your attention to the following. You should
appreciate that the value of interests in any Fund, and any income from them,
may go down as well as up and that if you choose to invest in any Fund, your
capital will be at risk and you may therefore lose some or all of any amount
that you choose to invest. Past performance should not be seen as an indication
of future results. Changes in rates of exchange between the base currency and
the currency in which the investments of any Fund are denominated may
additionally cause the value of the interests to go up or down. The material set
out on the Site is provided for convenience and information purposes only and is
subject to change without notice.
The investments covered in this material may not be dealt on a recognised or
designated investment exchange for the purposes of the Financial Services and
Markets Act 2000 (the ‘Act’) and it may therefore be difficult for an
investor to dispose of such investments otherwise than by way of redemption or to
obtain reliable information about the extent of the risks to which his investment is
exposed.
All the opinions, forecasts, estimates and comparable information given in this
material are the non-binding opinions of our research personnel and neither Ghisallo
Capital Management LLC nor any of its partners, officers and/or employees and
affiliates makes any guarantees, representation or warranty, nor does any person
accept any responsibility or liability for any loss or profit, indirect or other
consequential losses or other economic losses suffered by any person arising from
reliance upon any information, statement or opinion contained in this material
(whether such losses are caused by the negligence of such person or otherwise).
Copyright
The contents of this Site may not be reproduced or redistributed without the written
consent of Ghisallo Capital. Any unauthorised reproduction or use of the Site or the
information presented therein may be the subject of prosecution, particularly for
infringement of copyright.
Unless stated otherwise, the information, materials, logos and images contained in
this Site (including without limitation the screen displays, the content, the text,
graphics and look and feel of the Site) are the property of Ghisallo Capital or its
affiliates or its licensors, with all rights reserved. You may download or print out
a hard copy of such individual pages and/or sections of the Site as you may
reasonably require provided that this is for private, non-commercial or domestic use
only and that you do not remove any copyright or other proprietary notices. You also
agree that any downloading or other copying from the Site will not transfer title to
any software or material to you.
Trademarks
‘Ghisallo Capital Limited’ is a registered trademark of Ghisallo Capital.
Ghisallo Capital does not give persons accessing the Site permission to use any
trademark contained in the Site. Unauthorised use of any trademark may constitute an
infringement of the relevant owner’s rights.
Accuracy of Information
No representation, warranty or undertaking, either express or implied, is given as to
the accuracy or completeness of the information contained in the Site by Ghisallo
Capital or any of its associated companies and no liability is accepted by such
persons for the accuracy or completeness of such information. All information may be
changed or amended and the format redesigned at any time without prior notice and
without liability. Ghisallo Capital does not undertake to update this Site
regularly.
We provide no warranty that the Site will be available at any time and we may also
suspend the Site at any time without notice or liability.
No Liability
Save in respect of liability for death or personal injury arising out of negligence
or for fraudulent misrepresentation, Ghisallo Capital and its associated companies
hereby disclaim to the fullest extent permitted by law all liability for any loss or
damage including any direct, indirect, special, punitive or consequential damages,
losses, costs or expenses incurred by you, whether arising in tort, contract or
otherwise, and arising out of or in connection with your access to or use of, or
inability to use, the Site or use of any information on the Site, including, without
limitation, any loss of profits, business interruption, loss of programs or data on
your equipment, or otherwise, even if Ghisallo Capital is expressly advised of the
possibility or likelihood of such damages. This does not exclude or restrict any
duty or liability that Ghisallo has to its customers under the regulatory system in
the United Kingdom.
Indemnity
You agree to indemnify, defend, and hold harmless Ghisallo Capital, its affiliates
and licensors, and the officers, partners, employees, and agents of Ghisallo Capital
and its affiliates and licensors, from and against any and all claims, liabilities,
damages, losses, or expenses, including legal fees and costs, arising out of or in
any way connected with your access to or use of this website and the information
contained on this site.
Links to External Websites
The Site may contain links to or from other websites over which Ghisallo Capital has
no control. Such links to external websites are for your convenience only and any
access to such websites shall be at your own risk. For the avoidance of doubt,
Ghisallo Capital is not responsible for the content of any linked websites and does
not endorse any such linked websites.
Severability
If any part of this Agreement is, at any time, found to be invalid by a court,
tribunal or other forum of competent jurisdiction, or otherwise rendered
unenforceable, that decision shall not invalidate or void the remainder of this
Agreement. This Agreement shall be deemed amended by modifying or severing such part
as necessary to render it valid, legal and enforceable whilst preserving its intent
or, if that is not possible, by substituting another provision that is valid, legal
and enforceable that gives equivalent effect to the parties’ intent. Any such
invalid or unenforceable part or parts shall be severable from this Agreement in any
other jurisdiction and the validity of the part(s) in question shall not be affected
thereby.
Assignment
You may not assign, sub-licence or otherwise transfer any of your rights under this
Agreement.
Governing Law
You agree that your use of this Site and any dispute arising from the use of this
Site (whether contractual or non-contractual) is governed by and shall be construed
in accordance with the laws of England and Wales and you submit to the exclusive
jurisdiction of the English courts.
If you access the Site from outside the United Kingdom you are responsible for
ensuring compliance with local laws relating to access to websites.
Privacy, Data Protection & Cookies
Ghisallo Capital is committed to safeguarding the personal information which you may
provide to Ghisallo Capital through this Site and to the extent that any personal
information is collected, it will be held in confidence in accordance with the Data
Protection Act 1998.
You may be asked to provide voluntarily certain personal information details about
you in connection with Ghisallo Capital’s customer registration procedures. Ghisallo
Capital will use this information for administration and other related activities
and to ensure compliance with its obligations under the UK regulatory regime.
Ghisallo Capital may disclose this information to its agents and service providers.
For more information about how we use and store personal data, please see our Privacy
Policy on the Legal & Regulatory section of the Site, or contact us at support@ghisalloca.com.