Terms and Conditions

Important Legal Notice

The use of this Website constitutes your acceptance of these terms and conditions and any amendments that we may make to them from time to time.

Certain jurisdictions may restrict by law or regulation the distribution of, or use by, residents in that jurisdiction of the information on this Website. The contents of this Website are not intended for distribution to or use by the residents in such jurisdictions. It is the responsibility of any person or entity accessing this Website to satisfy itself that its use of the Website complies with the laws and regulations of the relevant jurisdiction.

The purpose of this Website is to provide general information only about Lothbury Investment Management Limited (LIM) and its affiliates, and LIM’s products and services. The Website does not provide financial or investment advice and does not take into consideration the circumstances of any particular investor or suitability of any product for any particular investor. We would recommend you obtain professional financial advice if you have any queries on any of the information on the Website.

The information contained in this Website does not constitute an offer or solicitation to any person or entity to buy or sell shares or any other security whatsoever.

Certain information on this Website relates to particular products and services and may be subject to specific restrictions and/or additional Terms and Conditions, Legal Notices or warnings. Details are set out on the pages to which they relate and should be read carefully before proceeding.

Risk Warnings

Please remember that past performance may not be a reliable guide to future performance. Investments may fall as well as rise in value and income may fluctuate in accordance with market conditions and taxation arrangements. Changes in exchange rates may have an adverse effect on the value, price or income of a product. Simulated performance may not be a reliable guide to future performance.

The Website may contain hyperlinks to other websites unrelated to LIM or its services. Similarly, other websites may contain hyperlinks to us. Such links to third party websites are provided for reference only. Hyperlinks to or from this Website do not imply endorsement of the material on the sites or association with the operators. LIM does not control such websites, and is not responsible for their contents.

Applicable Legislation and application

This Website and the information contained herein have been designed in accordance with, and, the operation of it is, subject to the Laws of the Republic of Ireland.

You and LIM agree to the exclusive jurisdiction of the English Courts in respect of any proceedings regarding claims or disputes arising as a result of the use of this Website.

If any provision(s) of these terms and conditions are held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

LIM’s failure to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LIM in writing.

Use of the Service

Any unauthorised commercial use of the service, or the resale of its services, is expressly prohibited. You are solely responsible for all acts or omissions that occur under your usage.

Certain data accessible on our Internet site is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.

Disclaimer

The information available on this Website is updated regularly, however the information on the Website is provided “as is” and “as available” and LIM and its content providers do not represent or warrant that the service will be uninterrupted or error-free, that the information provided on the Website is accurate, suitable or complete or that defects will be corrected. All information on the Website is provided without any warranty of any kind, either expressed or implied.

There are intrinsic risks associated with the use of public e-mail and LIM does not guarantee that the e-mail will be delivered within a reasonable time-scale or that the e-mail will be delivered at all. LIM cannot guarantee that the e-mail derives from the alleged sender and furthermore that the e-mail has not been intercepted and finally that the contents of the message remain unaltered from the original transmission. LIM shall not be liable for any loss or damage arising from the use of public e-mail.

LIM and its content providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction or unauthorised access to, alteration of entries posted to this site.

LIM is not responsible for and assumes no liability for any problem or technical malfunction of any telephone network or computer on-line system, server or provider, computer equipment, software, failure of e-mail on account of technical problem or traffic congestion on the Internet or at any website, or any combination thereof, including damage to any person’s computer related to, or resulting from access to, or downloading material from this site.

LIM accept no liability for any infections by computer virus, bug, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of LIM, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of any aspect of this Website.

Indemnity

You agree to indemnify and hold LIM, its associated companies, officers and employees, and content providers harmless from any claim, demand, or damage asserted by any third party due to or arising out of your use of or conduct on the Website service.

Regulatory

Lothbury Investment Management Limited

Lothbury Investment Management Limited is regulated by the FCA. Lothbury Investment Management Limited is registered in England, registered number 04185370. Registered Office: 155 Bishopsgate, London EC2M 3TQ.

Important notice


This is the website of Lothbury Investment Management Limited of 155 Bishopsgate, London EC2M 3TQ, United Kingdom, a company registered in England with registered number 04185370. Lothbury Investment Management Limited (or “LIM”) is authorised and regulated by the Financial Conduct Authority in the United Kingdom.

Lothbury Investment Management Limited is the manager of the Lothbury Property Trust ("LPT") and the Lothbury Global Feeder LP ("LGF") (together, the “Funds”). LPT is a sub-fund of the Lothbury Global Institutional Funds, which is regulated by the Central Bank of Ireland. LGF was established as a limited partnership in Jersey under the Limited Partnerships (Jersey) Law 1994 through the filing of a declaration of limited partnership. The Funds are alternative investment funds (“AIFs”) for the purposes of the Alternative Investment Fund Managers Directive (2011/61/EU) (the “Directive”). LIM has been appointed and acts as alternative investment fund manager (“AIFM”) in respect of the AIFs. For these purposes, LIM is authorised and regulated in the United Kingdom by the Financial Conduct Authority for the purposes of managing unauthorised AIFs (and for various other activities). The Funds are also unregulated collective investment schemes for the purposes of the United Kingdom Financial Services and Markets Act 2000 (the “Act”).

Restrictions on Access

Certain jurisdictions may restrict by law access by their residents or nationals to the information on this website. The contents of this website are not intended to be accessed by, distributed to or used by residents or nationals of such jurisdictions. It is the responsibility of any person accessing this website to satisfy itself that its use of the website complies with the laws of any relevant jurisdiction. Under United Kingdom legislation, the promotion of units in the Funds by LIM is restricted by section 238 of the Act. The promotion of units by the Funds themselves or, in the case of LPT, by its trustees in the UK is restricted by section 21 of the Act. Accordingly, the information on this part of the website is directed only at and should only be acted on by:

  1. persons who are outside the UK;
  2. investment professionals within the meaning of Article 14(5) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (the “CIS Exemptions Order”) and Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Financial Promotion Order”), which includes persons whose ordinary activities involve him in participating in unregulated schemes for the purposes of a business carried on by him; and/or
  3. high net worth organisations to whom Article 22 of the CIS Exemptions Order and Article 49 of the Financial Promotion Order apply. This includes companies or partnerships with net assets of GBP 5m or more and trustees of trusts with assets of GBP 10m or more); and
  4. others to whom it may lawfully be directed.

Purpose

The purpose of this website is to provide general information about Lothbury Investment Management Limited and the Funds. The Funds and Lothbury Global Feeder Limited but not any investors in these entities are clients of Lothbury Investment Management Limited. Nothing on this website is investment, tax or legal advice, nor is anything on this website a placement or offering to buy or sell units or any other investment. Tax treatment depends on individual circumstances and may be subject to change in the future. You should take your own independent investment, tax and legal advice as you think fit.

Please be aware that ultimately interests in the Funds may only be acquired by professional investors. A professional investor, for the purposes of LGF, is every investor that is considered, or may be treated, based on a request to LIM (as the AIFM), as a professional client or an eligible counterparty as those terms are used in exemption 7 of COB 4.12.4 of the Handbook of rules and guidance issued by the Financial Conduct Authority of the United Kingdom. A professional investor, for these purposes of LPT, is every investor that is considered, or may be treated based on a request to LIM (as the AIFM), as a professional client within the meaning of Annex II of the Markets in Financial Instruments Directive (2011/61/EC).

Subject to applicable law and satisfaction of any relevant notification or other requirement the Funds may be marketed (within the meaning of the Directive) within certain jurisdictions in the European Economic Area ("EEA"). Potential investors can request details of such jurisdictions from LIM. LGF is intended for persons who are not established or resident in the United Kingdom.

The information contained in this section does not constitute an offer or solicitation to any person or entity which is United Kingdom Resident for tax and investment purposes, to buy or sell shares or any other security whatsoever in other jurisdictions where it would be unlawful to do so, including but not limited to, Ireland and the United States of America.

Please tick that you have understood and accept the important notice set out above and agree to the matters addressed in it.