These terms and conditions govern the access to, and use of, this website, www.tmi-income.com by existing investors, institutional investors and professional intermediaries/distributors (hereafter referred to as ‘You' or ‘Your') in the TMI Income Fund. This website is not for use by any other type of investor, nor investors outside the Isle of Man, Bermuda and the United Kingdom.
These terms and conditions concern the basis under which You may access data concerning Your investments in the TMI Income Funds. The TMI Income Fund is not registered for distribution to the public in any jurisdictions and these terms and conditions and the Website must not be construed as a solicitation or offer or promotion to acquire or dispose of any investments in the TMI Income Fund or to provide any investment advice or service. The information provided in this Website is by way of information only for You as institutional investors and professional intermediaries/distributors.
By accessing and using the Website, You agree that You have read and accepted these terms and conditions and that they shall apply to Your use of the Website on each occasion of such use. Your agreement to these terms and conditions is a pre-condition of Your access to, and use of, this Website. If You do not wish to be bound by these terms and conditions, please leave this Website.
Regulatory Disclosure
The Manager of TMI Income Fund PLC is Abacus Financial Services Limited, incorporated in the Isle of Man No. 69975C. Business Address: 2nd Floor, Sixty Circular Road, Douglas, Isle of Man, IM1 1SA. The Manager is the holder of a Financial Services Licence issued under section 7 of the Financial Services Act 2008 of the Isle of Man and is licensed by the Isle of Man Financial Supervision Commission. The investments are managed by Thomas Miller Investment (Isle of Man) Limited, holder of a Financial Services Licence issued under section 7 of the Financial Services Act 2008 and licensed by the Financial Supervision Commission of the Isle of Man. TMI Income Fund PLC belongs to the full international scheme category as defined in paragraph 2 of Schedule 2 to the CIS Act 2008 and complies with the requirements of that Act, the Financial Supervision (International Collective Investment Schemes) Regulations 1990 and the Financial Supervision (International Collective Investment Schemes) (Advertising and Scheme Particulars) Regulations 1995. The Fund is not subject to the benefit of any compensation arrangements. The Rules made under the Financial Services and Markets Act 2000 in the UK for the protection of private customers do not apply, and the compensation scheme applying in the UK will not be available to investors in the Fund. Further information and a copy of the Funds' Scheme Particulars are available from the Manager and Investment Manager.
The information and documents contained within this website are issued by TMI Income Fund PLC for Information purposes only and only for those institutional investors and professional intermediaries in jurisdictions in which the TMI Income Fund PLC may be marketed. It is not a solicitation, or an offer, to buy or sell any security. Past performance cannot be relied on as a guide to the future. Income from investments may fluctuate. Investors may not get back the value of their original investment. Changes in exchange rates may have an adverse effect on the value, price or income of foreign currency denominated securities. This fund or sub-funds may not be suitable for all recipients.
Copyright
The contents of this website are copyright © TMI Income Fund PLC. Reproduction of any of the contents is prohibited other than in accordance with the following permissions: You may print or download extracts from this website for your personal use. You may copy and distribute extracts from this website to individual third parties for information purposes, provided that all of the following apply:
1. You are a regulated Financial Intermediary / Adviser.
2. You must acknowledge www.tmiliquidity.com as the source of the material.
3. You must advise the third party that these conditions apply to him/her and that he/she must comply with them.
4. The material must be provided free of charge.
This permission does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of www.tmi-income.com web pages may be distributed or copied for any commercial purpose. No part of www.tmi-income.com web pages may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.
The permission to reproduce material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
Cookies
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Data Protection
TMI Income Fund PLC considers all personal data and contact information to be confidential. We will not provide or sell personal data to third parties for any reason without first receiving consent.
Any data we hold will be processed in accordance with the terms of the Data Protection Act 2002 of the Isle of Man.. This means, amongst other things, data will be processed lawfully and fairly. It will also be kept securely to prevent unauthorised access by other people.
While we do take reasonable steps to keep information about you secure when in our possession, we cannot guarantee the security of any information you disclose on-line. You accept the inherent security implications of providing information over the Internet and will not hold us responsible for any breach of security or disclosure of your information unless we have been negligent. For your security communications may be recorded.
Unless you have opted out, we may use the data received to tell you about other Thomas Miller Investment products and/or services and events which we think may be of interest. If you no longer wish to receive such information, you can write to us at the address below or by e-mail, quoting your full name and address, and we will be happy to remove you from our database.
Thomas Miller Investment (Isle of Man) Limited
Level 2 Samuel Harris House
5-11 St Georges Street
Douglas, Isle of Man
IM1 1AJ
E-mail: info@tmi-income.com
Disclaimer
The materials contained on this website have been prepared by the TMI Income Fund PLC for information purposes only. While TMI Income Fund PLC has taken all reasonable care to ensure that the information contained within the pages of this site is accurate and complies with the relevant Isle of man, Bermudian and United Kingdom legislation and regulations as at the date of issue, no liability can be accepted for any errors or omissions, or for this information becoming out of date. TMI Income Fund PLC accepts no responsibility for information contained in any other sites which are linked to our own site. Please note that when you click on any external site link, you will leave the TMI Income Fund site with its associated regulatory protections. TMI Income Fund PLC reserves the right to suspend or withdraw access to the pages of this site without notice at any time and accepts no responsibility for these pages not being available at all times.
All market views expressed or recorded in this site are just that, our views. Comments should be taken as expert opinions only and not as fail-safe indications of when and where to invest. TMI Income Fund PLC takes no responsibility for gains or losses that may arise from 3rd party investment decisions based upon the information and opinions we supply.
Restricted Investors
This Website is designed for use by financial intermediaries and persons authorised to carry on investment business under the laws of the Isle of Man, Bermuda and the United Kingdom, whose ordinary business involves the acquisition or disposal of investments similar to those of the Fund and is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Website or such distribution or use would be contrary to local law or regulation. For guidance relating to Your specific situation, please contact Your legal or other professional adviser.
Specifically, this Website is not aimed at persons who are resident in the United States, where the TMI Income Funds are not authorised or registered for distribution or in which the dissemination of information about the TMI Income Funds on the Internet is forbidden. This Website details funds that are not registered under the Securities Act 1933 of the USA and companies that are not registered under the Investment Company Act of 1940. The details shown are not an offer for sale, or to be sold, in the USA, its territories, possessions or protectorates under its jurisdiction, nor to nationals, citizens or residents in any of those areas. Shares may not, except pursuant to a relevant exemption (as may be more fully described in the applicable prospectus), be acquired or owned by, or acquired with the assets of an ERISA Plan. An ERISA Plan is defined as (i) any retirement plan subject to Title I of the United States Employee Retirement Income Security Act of 1974, as amended (ERISA); or, (ii) any individual retirement account or plan subject to Section 4975 of the United States Internal Revenue code of 1986, as amended. Additionally, interest in TMI Income Funds may not, except pursuant to an exemption from, or in a transaction not subject to the regulatory requirements of, the Investment Company Act of 1940 (of the United States), as amended (the "1940 Act"), or the Commodity Exchange Act (of the United States), as amended (the "CEA"), as the case may be, be acquired by a person who is deemed to be a US Person under the 1940 Act and regulations thereunder or a person who is deemed to be a US Person under the CEA and regulations thereunder.
The TMI Income Funds have not been, nor will they be, qualified for distribution to the public in Canada as no prospectus for the TMI Income Funds has been filed with any securities commission or regulatory authority in Canada or any province or territory thereof. The terms and conditions are not, and under no circumstances are to be construed, as an advertisement or any other step in furtherance of a public offering of shares in TMI Income Funds in Canada. No person resident in Canada for the purposes of the Income Tax Act (Canada) may purchase or accept a transfer of shares in a TMI Income Fund unless he or she is eligible to do so under applicable Canadian or provincial laws.
Risk Warnings
The TMI Income Funds may not be suitable for all investors. These terms and conditions, and information contained on the Website, must not be construed as an offer or promotion to buy or sell any investments in the TMI Income Funds. The information provided in this Website is by way of information only. Potential investors should inform themselves as to:
(a) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile for the acquisition of shares in the TMI Income Funds;
(b) any foreign exchange restrictions or exchange control requirements which apply to the acquisition or sale of shares in the TMI Income Funds; and
(c) the income tax and other taxation consequences which might be relevant to the acquisition, holding or disposal of shares in the TMI Income Funds.
TMI Income Fund PLC does not guarantee the performance of any TMI Income Fund. The value of investments may fluctuate. Past performance provides no guidance for the future. Potential investors should therefore be aware that they might not get back the amount invested. We remind You that the levels of, and relief's from, taxation can change, and that exchange rate movements can affect the value of investments involving exposure to foreign currencies. Where charges and expenses are taken from capital, this may increase the income available but may correspondingly constrain capital growth - please see the Fund Factsheets for the relevant TMI Income Fund for details.
Governing Law and Jurisdiction
These terms and conditions and Your access to and use of this Website and the Content are subject to Manx law and the exclusive jurisdiction of the Manx courts.
Users seeking further information regarding this site or permissions to reproduce material should contact info@tmi-income.com
Watchmaker image courtesy of Roger W Smith / Simon Park Photography