Marshall Wace LLP

Terms and Conditions of Use

About Marshall Wace

This website (http://www.mwam.com) is a website operated by Marshall Wace LLP (“Marshall Wace”). The information on the website is communicated by Marshall Wace both inside and outside the United Kingdom.

Marshall Wace is registered in England and Wales with registration number OC302228 and has its registered office at George House, 131 Sloane Street, London SW1X 9AT, United Kingdom.

Telephone +44 (0)20 7316 2280.

Fax +44 (0)20 7316 2281.

Marshall Wace is authorised and regulated by the Financial Conduct Authority (“FCA”) and is entered on the Financial Services Register (Register Number 228531).

Investment Information

The information on this website relates, inter alia, to the following investment funds (collectively, the “Funds”): (i) Eureka (Euro) Fund Limited, Eureka (US$) Fund Limited, Marshall Wace Core Fund Limited, Marshall Wace TOPS Fund Limited, Marshall Wace Manager Strategies Limited, Marshall Wace Americas Fund Limited and Marshall Wace GaveKal Fund Limited which were incorporated in the Cayman Islands and were registered as regulated mutual funds with the Cayman Islands Monetary Authority under Section 4(3) of the Mutual Funds law (2007 Revision) of the Cayman Islands; (ii) Marshall Wace Funds PLC, which is an umbrella type investment company with variable capital incorporated on 16 December 2009 under Part XIII of the Companies Acts, 1990 of Ireland as an investment company with variable capital and is a designated company pursuant to section 256 of that Act; (iii) Marshall Wace Funds LP, a limited partnership organised under the laws of the state of Delaware; (iv) Marshall Wace Managed Accounts ICAV, an umbrella type Irish Collective Asset Management Vehicle on 23 March 2010 under Part XIII of the Companies Act, 1990 of Ireland as an investment company with variable capital and is a designated company pursuant to section 256 of that act; (v) Marshall Wace Long Strategies ICAV, an umbrella type Irish Collective Asset Management Vehicle formed on 17 December 2015 under the Irish Collective Asset Management Act 2015; (vi) Marshall Wace UCITS Funds PLC, authorised by the Central Bank of Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 2003, as amended; and (vii) Lumyna – Marshall Wace TOPS (Market Neutral) UCITS Fund, an open-ended company incorporated with limited liability and registered in Luxembourg. Each of Marshall Wace LLP, Marshall Wace North America L.P. and Marshall Wace Asia Limited has been appointed as investment manager or investment adviser to the Funds.

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Marshall Wace or its affiliates to any registration requirement within such jurisdiction or country.

The distribution of the information contained in this website in certain countries may be restricted by law and persons who access it are required to inform themselves and to comply with any such restrictions. This information does not constitute an offer or solicitation in any jurisdiction. Prospective investors should inform themselves as to applicable legal requirements, exchange control regulations and taxes in the countries of their citizenship, residence or domicile.

This website is published solely for informational purposes and has no regard to the specific investment objectives, financial situation or particular needs of any person or entity. Information contained herein is believed to be reliable but no warranty is given as to its accuracy or completeness and views and opinions, whilst given in good faith, are subject to change without notice. The information contained in this website is not intended to constitute, and should not be construed as, investment advice. Potential investors in the Funds that are described, or referred to, in this website should seek their own independent financial advice.

An application for shares, limited partnership interests or units in any of the Funds referred to on this website should only be made having read fully the relevant prospectus or offering memorandum (together a “Prospectus”) and subscription documentation. It is your responsibility to read such Prospectus and by making an application you will be deemed to represent that you have read such Prospectus and agree to be bound by its contents.

You should note that, if you choose to invest in any Fund described or referred to in this website, your capital will be at risk and you may therefore lose some or all of any amount that you choose to invest.

 

Sales Restrictions

United Kingdom

The Funds, other than the UCITS Funds, are not recognised collective investment schemes for the purposes of the Financial Services and Markets Act 2000 of the United Kingdom (the “FSMA”). The promotion of these Funds, the distribution of the prospectuses of these Funds and access to this website by persons in the United Kingdom is accordingly restricted by law.

The Prospectuses and website may be issued only to persons who are authorised under the FSMA or to persons who are of a kind to whom these Funds may be promoted by virtue of section 4.12.1 of the FCA’s Conduct of Business Sourcebook.

In particular, any investment or investment service to which this website or any Prospectus relates is not intended for persons who are retail clients and will not be made available to retail clients. Many of the protections provided by the United Kingdom’s regulatory regime will not apply to investments in these Funds, including access to the Financial Ombudsman Service and the Financial Services Compensation Scheme.

This website and the information contained in it constitutes a financial promotion for the purposes of FSMA and the FCA Rules.

United States

The shares and partnership interests of the Funds (the “Shares”) have not been and will not be registered under the 1933 Act, or the securities laws of any of the States of the United States. The Shares may not be offered, sold or delivered directly or indirectly in the United States or to or for the account or benefit of any “US Person” as defined in Regulation S under the 1933 Act except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the 1933 Act and any applicable State laws. The Funds have not been and will not be registered under the United States Investment Company Act of 1940 (as amended) (the “1940 Act”) since Shares will only be sold to United States persons who are “qualified purchasers”, as defined in the 1940 Act. There has not been and will not be any public offering of the Shares in the United States.

Australia

This material is provided to you solely on the basis that you are a wholesale client within the definition of ASIC Class Order 03/1099. Marshall Wace LLP is exempt from the requirement to hold an Australian Financial Services Licence (AFSL) under the Corporations Act 2001 (Cth) in respect of financial services provided to Australian wholesale clients by virtue of the application of ASIC Class Order 03/1099. Marshall Wace LLP is authorised and regulated by the Financial Conduct Authority (FCA) under UK laws which differ from those applicable in Australia.

Hong Kong

The Funds have not been, and will not be, authorized by the Hong Kong Securities and Futures Commission. The Funds are offered to Professional Investors, as defined pursuant to the Securities and Futures Ordinance (Cap 571) and are not intended for, and should not be invested into by, persons not defined as Professional Investors.

Switzerland

Please note that, in Switzerland, the distribution of the sub-funds of Marshall Wace Funds PLC and Marshall Wace Long Strategies ICAV are restricted to Qualified Investors only, as per Collective Investment Scheme Act (“CISA”), article 10 para 3. RBC Investor Services Bank S.A., Esch-sur-Alzette, Zurich Branch, Badenerstrasse 567, PO Box 1292, CH-8048 Zurich has been appointed as the representative and paying agent of the funds in Switzerland (the “Representative”). The principal documents of these Funds being the prospectus, the relevant supplements, the articles of association and the annual and semi-annual reports may be obtained from the Representative by Qualified Investors only, free of charge. In respect of shares distributed in or from Switzerland to Qualified Investors, the place of performance and jurisdiction is at the registered office of the Representative.

 

Investment Risks

Investment in the Funds carries substantial risk. There can be no assurance that the investment objectives of the Funds will be achieved and investment results may vary substantially over time. Investment in the Funds is not intended to be a complete investment programme for any investor. Investment in the Funds on this website is intended for experienced investors who are able to understand and accept the risks involved.

The value of all investments and the income derived therefrom can decrease as well as increase. Past performance is no guide to or guarantee of future performance.

The levels and bases of and reliefs from taxation may change. Any tax reliefs referred to are those currently available and their value depends on the circumstances of the individual investor. Investors should consult their own tax adviser in order to understand any applicable tax consequences.

Nothing contained on our website constitutes investment, legal, tax or other advice, nor is it to be relied upon when making investment or other decisions. The information on our website is provided solely on the basis that you make your own investment decisions. You should obtain relevant and specific professional advice before making any decision to enter into an investment transaction.

Persons considering investing in the Funds should read the risk disclosures in the relevant Prospectus.

Unless otherwise stated, returns are after trading costs, administration, investment management and performance fees (“Net”).

Gross returns are presented before investment management and performance fees, and include the reinvestment of all income, but are after trading costs and administration fees. Actual returns will be reduced by investment management and performance fees and other expenses that may be incurred in the management of the relevant Fund.

 

Your Use of this Website

These terms and conditions set out the terms on which you may make use of this website and apply to every page of this website, whether or not these terms and conditions appear on each individual page. Please read these terms and conditions carefully before you start to use this website. By using this website, you have indicated that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using this website.

You must NOT use this website (or permit or procure others to use it) as follows:

(A) for any unlawful, improper or illegal purpose or activity;

(B) to violate Marshall Wace’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;

(C) to damage Marshall Wace’s name or reputation or that of Marshall Wace’s affiliated companies or any third parties;

(D) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items; and/or

(E) to transmit confidential or proprietary information, except solely at your own risk.

When using this website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on this website in certain countries and Marshall Wace and their affiliated companies disclaim all responsibility if you download any information from this website in breach of any law or regulation of the country in which you reside.

 

Username and Password

You have been provided with a username and password to access this website. You must treat this information as confidential and you must not disclose it to any third party or allow any third party to access this website using your username or password. You agree to notify Marshall Wace immediately if you suspect unauthorised use of this website or of your username or password.

 

Termination and Suspension of Access to this Website

Marshall Wace reserves the right to deny you access to this website, or immediately to suspend or terminate your access to this website, or to disable any username or password (whether chosen by you or allocated by Marshall Wace) at any time if your use of this website (in Marshall Wace’s sole discretion) in any manner breaches these terms and conditions.

 

Your Personal Data

Any personal data that we collect and process about you in relation to your use of this website will be done in accordance with our Privacy Notice that can be found here. This includes details of how calls you make to us may be recorded in order for us to comply with our legal and regulatory obligations.

If you are an individual, the Privacy Notice applies to Marshall Wace’s processing of your personal data. If you are acting on behalf of a company, the Privacy Notice applies to the Marshall Wace’s processing of any personal data that you provide to it or that it otherwise processes in connection with the products and services that Marshall Wace provides to you.

Your obligations in respect of your personal data

You must ensure that any personal data that you provide to the Marshall Wace is accurate and up to date, and that you promptly notify Marshall Wace if you become aware that it is incorrect.

In respect of any personal data relating to a third party individual that you provide to the Marshall Wace, you must:

(A) have satisfied a statutory ground under applicable data protection laws permitting you to transfer the relevant personal data to Marshall Wace for it to use in accordance with the Privacy Notice;

(B) have notified the third party individual that you are providing their personal data to Marshall Wace and explained the reasons for this;

(C) draw the attention of the third party individual to the Privacy Notice; and

(D) promptly notify the third party individual of any changes to the Privacy Notice that Marshall Wace notifies to you.

If you are acting on behalf of a company, you must take reasonable steps to notify your employees, officers (and their associates, including family members), trustees, and beneficial owners that Marshall Wace may process their personal data in connection with these terms and conditions and the products and services that Marshall Wace provides under them. You must also draw their attention to the Privacy Notice.

 

Intellectual Property Rights

The entire contents of this website are subject to copyright with all rights reserved. The copyright, trademarks and all similar rights of this website and the contents, including all information, graphics, code, text and design, are owned by Marshall Wace (or its licensors). MSCI data is owned and copyrighted by Morgan Stanley Capital International Inc.

You may download or print individual sections of the site for your personal use and information only provided that you ensure that all copyright notices and other proprietary notices are displayed on such downloaded or printed sections. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the site without the prior written permission of Marshall Wace.

Nothing on this website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party.

 

Linked Websites

Where a link to a non-Marshall Wace website exists, to the extent permitted by the FCA Rules, Marshall Wace does not accept responsibility for the content of such site nor the products, services or other items offered through that site.

 

Use of Cookies

Marshall Wace may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer for the purposes of systems administration and statistical analysis. Cookies contain information that is transferred to your computer’s hard drive and help Marshall Wace to improve this website and to deliver a better and more personalised service to you, including by storing information about your preferences, when and how you navigate around the website, the documents you download from the website and to recognise you when you return to this website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of this website. By accepting these terms and conditions, unless you have adjusted your browser setting so that it will refuse cookies, you confirm that you consent to cookies being issued by Marshall Wace’s system when you log on to this website.

 

No Warranty

This website, including information and materials contained in this website, text, graphics, software, links and other items are provided “as is,” “as available”. Marshall Wace does not warrant the accuracy, adequacy, completeness, timeliness or availability of the information and data contained in this website, and expressly disclaims liability for errors or omissions in this website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this website.

 

Limitation of Liability

To the extent permitted by applicable laws and regulations, in no event will Marshall Wace be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or use or misuse thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Marshall Wace, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

 

Indemnity

As a condition of your use of this website, you agree to indemnify and hold harmless Marshall Wace and its affiliates, and the partners and employees of Marshall Wace and its affiliates from and against any and all liabilities, claims, damages, losses or expenses, including legal fees and expenses, (together, “Losses”) arising out of your access to or use of this website, save to the extent that Marshall Wace may not exclude or limit its own liability for such Losses pursuant to applicable laws or regulations.

 

Law and Variation

This website is established in England by Marshall Wace in accordance with and shall be governed by, and your browsing in and use of this website shall be deemed acceptance of, the laws of England and Wales. A condition of using this website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

Marshall Wace may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Marshall Wace makes, as they are binding on you.

Each time you use this website, a condition of use is that you comply with the above terms.

© Copyright 2021, Marshall Wace LLP, Marshall Wace North America L.P. and Marshall Wace Asia Limited. All rights reserved.