Important Legal Information
www.fundsmith.co.uk (this/the/our "Site") is a website operated by Fundsmith LLP ("we", "our", "us", "Fundsmith"). We are registered in England and Wales under company number OC354233 and have our registered office at 33 Cavendish Square, London, W1G 0PW, United Kingdom.
ACCEPTANCE OF THE TERMS OF THIS NOTICE
This Notice governs the use of this Site. By using our Site, you confirm that you accept the terms of this Notice and agree to comply with them. If you do not agree to this Notice, you must not use our Site.
You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms and other applicable terms and/or policies, and that they comply with them.
OTHER TERMS APPLICABLE TO USE OF THIS SITE
This Notice refers to the following additional terms, which also apply to your use of this Site:
By using this Site, you also accept the terms of these policies.
This Site is primarily directed at persons in the United Kingdom. The products and services mentioned on this Site are subject to legal and regulatory requirements in various jurisdictions and may not be available in all jurisdictions. The information on this Site does not constitute an offer or solicitation of an offer to buy or sell any investments or to engage in any investment activity in any jurisdiction where such activity would be contrary to local law or regulation. Persons in jurisdictions where these activities are restricted or prohibited must not access or use this Site. It is your responsibility to be aware of and comply with any relevant laws or regulations applicable in your jurisdiction.
For the avoidance of doubt, citizens or residents of the United States of America (the “US”) are not permitted to access this Site under US law and accordingly citizens or residents of the US must not access or use this Site. The products and services on this Site do not constitute or form part of any offer or solicitation to purchase or subscribe for securities in the US. Any securities referred to on this Site have not been and will not be registered under the US Securities Act of 1933, as amended (the “Securities Act”), or under the securities laws of any state or other jurisdiction of the US and may not be offered, sold, taken up, resold, transferred or delivered, directly or indirectly, in or into the US except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and in compliance with any applicable securities laws of any state or other jurisdiction of the US. There will be no public offer of securities in the US. By accessing this Site you confirm that you are not a "US Person" (within the meaning of Regulation S under the Securities Act) and are located outside the US.
CHANGES TO THIS NOTICE
We may revise the terms of this Notice from time to time without notice. Revised terms will apply to the use of our Site from the date of the publication of the revised terms on our Site. Please check this page regularly to ensure you are familiar with the current version of this Notice. Your continued use of this Site will be deemed to constitute your acceptance of any revised terms. If you do not agree with any changes we make to the terms of this Notice, you must not continue to use this Site.
WEBSITE CONTENTS AND CHANGES TO INFORMATION
Whilst Fundsmith has taken all reasonable care to ensure that information on this Site is accurate and complete at the date of its publication, Fundsmith cannot guarantee the adequacy, accuracy or completeness of such information. The information contained on this Site is subject to change at any time, without notice. The views expressed on this Site are the opinions of Fundsmith and such opinions are subject to change without notice.
WEBSITE ACCESS AND AVAILABILITY
Access to this Site is permitted for guests and registered users on a temporary basis.
Fundsmith reserves the right to withdraw or amend the service provided by this Site at any time. Fundsmith does not accept responsibility as to the operation, functionality or availability of this Site, or warrant that the use of this Site will be free from delay, interruption, interception or error.
USE OF THIS SITE
You must not use this Site in any way that causes, or may cause damage to:
- Fundsmith or any of its business partners;
- this Site; or
- this Site's availability or accessibility.
In addition, you must not use our Site:
- in any way which is unlawful, illegal, fraudulent or harmful;
- in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) without our express written consent;
- to transmit or send unsolicited commercial communications; or
- for any purposes related to marketing without our express written consent.
In addition, you must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or technologically harmful computer software.
You must not attempt to gain unauthorised access to our Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching the terms of this section, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with thofundse authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Fundsmith will take reasonable precautions to ensure the security of this Site. However, Fundsmith will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of this Site or to your downloading material posted on it.
INFORMATION ABOUT FUNDSMITH EQUITY FUND
You may obtain copies of the Prospectus, KIID and the Annual and Interim Report and Accounts for the Fundsmith Equity Fund (the "Fund") free of charge by contacting us at Fundsmith LLP, PO Box 10846, Chelmsford, Essex, CM992BW or these can be downloaded directly from this Site.
Fundsmith does not provide financial, investment, tax or other advice. If you are unsure as to whether an investment in the Fund is suitable for you, you should seek your own professional advice.
It should not be assumed that an investment into the Fund will be profitable. Past performance is not a reliable indicator of future results. The value of investments and the income from them may fall as well as rise, may be affected by changes in rates of exchange, and you may not get back the amount of your original investment. The Prospectus of the Fund contains further information in relation to the potential risks of investing in the Fund.
Fundsmith and its connected persons do hold investments in the Fund. Further information on Fundsmith's approach to handling material interests and conflicts of interest is contained in the Prospectus of the Fund.
DATA PROTECTION AND PRIVACY
Fundsmith is committed to protecting the confidentiality and security of your personal information in accordance with current data protection legislation as set out in our Privacy and Cookie Policies. Please refer to the detailed information included in the links to these policies at the bottom of each page on this Site for more information.
INTELLECTUAL PROPERTY RIGHTS
Fundsmith is the owner or the licensee of all intellectual property rights contained within this Site and in the material published on it. All such rights are reserved and your use of such materials are subject to the restrictions set out in this Notice.
You may view, download or print out a hard copy of pages from this Site or the material made available on it for your personal reference. However you must not:
- sell, rent or sub-license material from this Site;
- reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose without obtaining a licence to do so from us or our licensors;
- use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
- modify the paper or digital copies of any materials you have printed off or downloaded from this Site in any way; or
- redistribute material from this Site except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation, or subject to such terms as may from time to time be imposed in relation to such content.
Fundsmith is the registered trade mark of Fundsmith LLP.
Fundsmith's status (and that of any identified contributors) as the authors of content on this Site must always be acknowledged.
If you print off, copy or download any part of this Site in breach of this Notice, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
LINKING TO THIS SITE
You may link to the Home Page of this Site, provided that you do so in a way which is fair, legal and does not damage Fundsmith's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Fundsmith's part where none exists and, in any event, without our prior written consent. You must not establish a link from a website that is not owned by you. This Site must not be framed on any other Site, and nor may you create a link to any part of this Site other than the Home Page.
LINKS FROM THIS SITE
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Fundsmith has no control over the contents of these sites or resources and accepts no responsibility for them or for any loss or damage that may arise to you from your use of them. You access such sites at your own risk. These sites will have their own terms and conditions of use, and your use of them and your relationship with their owners and/or operators will be governed by such terms and conditions.
Fundsmith has the right to terminate your access to this Site at any time on giving notice to you and in any event if you commit any breach of the terms of this Notice. In addition Fundsmith may, in the event that you breach these terms, block computers using your IP address from accessing this Site, or contact your internet service provider to request that they block your access to this Site and/or bring court proceedings against you. Fundsmith shall have no liability to you for such termination or action. In the event that your access to this Site is terminated, the remaining provisions of this Notice will continue to apply.
LIMITATION OF LIABILITY
Save as provided below, neither Fundsmith, any of its members, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur:
- in the event of any failure or interruption of this Site;
- as a result of the act or omission of any other party involved in making this Site or the data contained in it available to you; or
- from any other cause relating to your access to, inability to access, or use of this Site or the materials contained on this Site,
whether or not the circumstances giving rise to such cause may have been within the control of Fundsmith, or of any vendor providing software, services, or similar support.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Site and the use of this Site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this Notice excludes or restricts any duty or liability that Fundsmith has under the Financial Services and Markets Act 2000 (as amended from time to time), the rules of the Financial Conduct Authority or the regulatory system as defined in FCA's Rules.
Nothing in this Notice shall restrict or exclude any liability that Fundsmith has to any party that cannot be excluded by law, including for (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation.
You shall indemnify Fundsmith from and against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or expenses arising out of your use of this Site and any breach by you of any terms and conditions contained in this Notice.
GOVERNING LAW & OTHER LEGAL PROVISIONS
This Notice shall be governed by and construed in accordance with the laws of England without regard to conflicts of law principles. The English courts will have the exclusive jurisdiction over any claim arising from or related to this Site. No failure of either party to enforce any of its rights under this Notice will act as a waiver of such rights. If any portion of any provision of this Notice is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Notice shall remain in full force and effect.
LAST UPDATED: APRIL 2019