Purchase of an investment in Affinity Water – 2 May 2017
5 February 2025
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The information on this Site (including these Terms) is current at the date of publication but is subject to change without notice. You should review these Terms regularly as your continued use constitutes agreement to all such changes. This Site and its content are the property of HICL Infrastructure PLC (‘HICL’) and is managed for HICL by InfraRed Capital Partners Limited (‘InfraRed’). InfraRed is authorised and regulated by the UK Financial Conduct Authority (‘FCA’), and is entered on the FCA Register with the Registration Number 195766. The FCA Register can be accessed at https://register.fca.org.uk/. InfraRed is registered in England, with company number 03364976 and with its registered office at One Bartholomew Close, Barts Square, London, EC1A 7BL.
InfraRed Capital Partners is a part of SLC Management which is the institutional alternatives and traditional asset management business of Sun Life.
HICL is a public limited company incorporated in England and Wales and registered as an investment company under the Companies Act 2006. It is an alternative investment fund for the purposes of Directive 2011/61/EU of the European Parliament and the Council of 8 June 2011 on Alternative Investment Fund Managers (the “AIFMD” and the UK Alternative Investment Fund Managers Regulations 2013 (the “UK AIFMD Regulations”). The board of HICL is responsible for oversight but has delegated the majority of the portfolio and risk management of the company to InfraRed. Therefore HICL is categorised as an externally managed UK and (prior to the UK’s exit from the European Union) European Economic Area (“EEA”) AIF for the purposes of the AIFMD and the UK AIFMD Regulations. InfraRed is categorised as HICL’s UK and (prior to the UK’s exit from the European Union) EEA AIFM for the purposes of the AIFMD and the UK AIFMD Regulations.
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In these Terms
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‘you’, ‘your’ and ‘yours’ means you, the person(s) accessing this Site and the party on whose behalf you are doing so.
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Terms
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This Site is intended for those who access it from within the United Kingdom. As a result, we cannot guarantee that the Site, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and neither HICL nor InfraRed will be liable for any breach of local law or regulation that you commit as a result of doing so.
In particular, the materials displayed on this website are not directed at or accessible by persons in the United States, or persons resident or located in Australia, Canada, Japan, South Africa or any other jurisdiction where the extension of availability of the website, HICL’s prospectus and the materials to which you are seeking access would breach any applicable law or regulation.
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No Offer
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Investments Performance
Please note that the value of investments and the income derived from them may fluctuate and an investor may not receive back the amount originally invested. Where past performance is shown it refers to the past and should not be seen as an indication of future performance. The value and any income arising from any investment referred to on this Site may go down as well as up. In particular you may not get back the full amount invested. Where an investment is denominated in a currency other than Sterling, exchange rates may have an adverse effect on the value price or income of that investment. In the case of investments for which there is not a recognised market it may be difficult for investors to sell their investment or to obtain reliable information about its value or the extent of the risks to which it is exposed. The information contained in this Site is based on our understanding of current law, regulation and HM Revenue and Customs (“HMRC”) practice at the time of publishing. Future changes in law, regulation, tax levels or HMRC practice could affect the information on this website. Any forecast, projection or target is indicative only and is not guaranteed in any way. We accept no liability for any failure to meet such forecast, projection or target.
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No Warranties
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Representations
By accessing this Site you are representing to HICL, InfraRed and their advisers that the applicable laws of your relevant jurisdiction allow you to access this Site and the materials contained herein and in particular that you are not:
(i) a US Person (within the meaning of Regulation S under the US Securities Act of 1933) and are not acting on behalf of a US Person, nor purchasing with a view to re-sell in the US or to or for the account of a US Person, and that you are not an employee benefit plan subject to the United States Employee Retirement Income Security Act of 1974 and the regulations promulgated thereunder (in each case as amended) ("ERISA") or similar US laws or an individual retirement account as defined in section 408 of the US Internal Revenue Code; or
(ii) a resident of Australia, Canada, Japan, New Zealand, the Republic of South Africa, any EEA jurisdiction other than the UK, Ireland, Sweden or, to the extent that the necessary permissions have been granted, Denmark or a jurisdiction where the extension of availability of the materials to which you are seeking access would breach any applicable law or regulation.
By accessing this Site you are also representing to HICL, InfraRed and their advisers that you will not:
(i) offer, sell, renounce, transfer or deliver, directly or indirectly, any shares subscribed for by you in:
(A) the United States, or
(B) Australia, Canada, Japan, New Zealand, the Republic of South Africa, any EEA jurisdiction other than the UK, Ireland, Sweden or, to the extent that the necessary permissions have been granted, Denmark, or in any jurisdiction in which such offers or sales are unlawful ("Excluded Territories") or to any US Person or resident of any Excluded Territories, or
(ii) release or otherwise forward, distribute or send any materials on this website in or into the United States or any Excluded Territories.
Exclusion of our Liability
To the extent permitted by law, HICL and/or InfraRed shall not be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:
The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data.
All of the above exclusions apply even if you have advised us or InfraRed of the possibility of the above types of damage, loss or liability.
Data Protection and Privacy
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Third Party Sites and Endorsements
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Links to our Site
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Internet and E-mail Communications
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Our Monitoring of Communications
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Intellectual Property Rights
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You undertake not to use the Site for any purpose which is unlawful, abusive, libellous, obscene or threatening. You undertake to comply with any terms notified to you as required from time to time by any third party supplier of data or services to the Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.
Any infringement of any of our intellectual property rights will result in appropriate legal action.
Trademarks
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Third Parties
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Amendment / Withdrawal of Services
HICL reserves the right to make amendments and changes to the information on this Site or to withdraw access to this Site or any part of it at any time without notice. You are responsible for checking that this has not been updated since your last visit to the Site.
Your Queries
If you have any queries regarding these terms and conditions, then please write to us at Aztec Financial Services (UK) Limited, Forum 3, Solent Business Park, Parkway South, Whiteley, Fareham PO15 7FHT.
General
We may assign our rights and obligations under the Terms to any member of the HICL UK group or to any successor to that part of our business which includes the Site, provided always that the assignee undertakes to comply with our obligations under the Terms, or appoint one or more agents to provide all or any of the service and references to “we”, “us” or “our” will include references to such assignees and agents.
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Governing Law
The terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of this jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.
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