Terms & Conditions

Any person accessing the website should carefully review the terms of use of the website. By using the website, you indicate that you accept the terms of use and that you agree to abide by them. If you do not agree to the terms of use, please refrain from using the website

Website terms of use

1. Introduction

These terms of use (“Terms”) (together with the documents referred to in it) set out the terms on which you may make use of the Select Monthly Income Fund Limited website (‘Website’). The terms apply to all users of, and visitors to the Website.

Please read these Terms carefully. By accessing any page of the Website, you agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not use the Website. We reserve the right to modify these Terms at any time without notification to you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website and such provisions and notices will automatically be binding on you.

2. Other applicable terms

These Terms also refer to the terms detailed on the Privacy & Cookie page of the Website.

3. Accessing our website

Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so.

By accessing this website you are representing to Select Monthly Income Fund Limited (the “Company”) and its advisers that the applicable laws of your relevant jurisdiction allow you to access this website and the material 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, as amended the “Securities Act”) and are not acting on behalf of a US Person, nor purchasing with a view to re-sale 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 any jurisdiction outside the UK in which the provision of the materials contained on this website is or might be unlawful (“Excluded Territories”) and that you will not: (i) offer, sell, renounce, transfer or deliver, directly or indirectly, shares in the Company that may be subscribed for by you in the United States or any other Excluded Territory or to any US Person or resident of any Excluded Territory, or (ii) release or otherwise forward, distribute or send any materials on this website in or into the United States or any Excluded Territory.

Shares offered by the Company have not been and will not be registered under the Securities Act or with any securities regulatory authority of any State or other jurisdiction of the United States and may not be offered or sold within the United States or to, or for the account or benefit of, US Persons (within the meaning of Regulation S under the Securities Act). The Company has not been and will not be registered as an “investment company” under the United States Investment Company Act of 1940 and investors will not be entitled to the benefits of that Act. In addition, relevant clearances have not been, and will not be, obtained from the securities commission (or equivalent) of any province of any Excluded Territories and, accordingly, unless an exemption under any relevant legislation or regulations is applicable, none of the Company’s shares may be offered, sold, renounced, transferred or delivered, directly or indirectly, in any such territories.

Unless expressly indicated otherwise on a particular document or section of this website, the contents of this website are not a financial promotion and none of the contents of this website constitute an invitation or inducement to engage in investment activity. If and to the extent that this website or any of its contents are deemed to be a financial promotion, the Company is relying on the exemption provided by Article 69 of the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005/1529 in respect of section 21 of the Financial Services and Markets Act 2000. In particular, any information in respect of past performance (including without limitation past performance of the Company, shares in the Company and/or the Company’s portfolio) cannot be relied upon as a guide to future performance.

Access to our Website is permitted on a temporary basis and free of charge. You acknowledge that your access to the Website may be prevented by factors outside of our control including without limitation the unavailability, in-operation or interruption of internet services or the in-operation, inefficiency or unsuitability of the computer hardware that you use to access the Website. We shall not be liable for any loss or damage in respect of this.

4. Prohibited uses

You may use the Website for lawful purposes only. You may not use the Website in the following ways, including (without limitation): (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; (d) to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms; (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (f) to knowingly introducing any data, send or upload any material that contains software, viruses or other codes, or files which are malicious or designed to adversely affect the operation of any computer software or hardware; or (g) attempting to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

5. Intellectual property rights

The Board and/or Select Monthly Income Fund Limited (“we”) are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved. Where we publish third party intellectual property that is publicly available, we will attribute it to its owner. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

ELECTRONIC VERSIONS OF THE MATERIALS YOU ARE SEEKING TO ACCESS ARE BEING MADE AVAILABLE ON THIS WEBSITE IN GOOD FAITH AND ARE FOR INFORMATION PURPOSES ONLY.

THESE MATERIALS ARE NOT DIRECTED AT OR ACCESSIBLE BY PERSONS IN THE UNITED STATES OR PERSONS RESIDENT OR LOCATED IN ANY OTHER JURISDICTION WHERE ACCESS TO SUCH MATERIALS WOULD BE PROHIBITED UNDER APPLICABLE LOCAL LAW OR REGULATION.

You may print off copies, and may download extracts, of any page(s) from the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, including (without limitation) our logo, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return and/or destroy any copies of the materials you have made, and certify and/or evidence to us that you have done so to our reasonable satisfaction.

6. No reliance on information

The content on our Website is provided for general information only. It is not intended to be a solicitation, an offer to buy or sell any security or amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

We may amend, revise or modify, in part or in full, any information on the Website at any time without notification to you. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

7. Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the Website; or (b) use of or reliance on any content displayed on the Website. Please note that in particular, we will not be liable for (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

We do not guarantee that the Website will be secure or free from bugs or viruses and you should use your own virus protection software. We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or by your downloading of any content on it, or on any website linked to it.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8. Third party links

The Website may contain internet addresses, links and/or hyperlinks to other websites, which are not operated or monitored by us. The links to other websites are for your convenience and we do not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Website. It is your responsibility to check the terms and conditions and privacy policies which are applicable to such other third party websites.

9. Waiver and severability

No waiver by us of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms and any forbearance or delay by us in exercising any of our rights under these Terms shall not be construed as a waiver of such rights.
Each provision of these Terms is severable and the invalidity, illegality or unenforceability of any provision shall not affect the validity or enforceability of any other part of these Terms.

10. Applicable law and jurisdiction

These Terms, the use of the Website and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms the use of the Website (including non-contractual disputes or claims).

BY ACCESSING THIS WEBSITE YOU CONFIRM THAT:

YOU HAVE READ, UNDERSTOOD AND AGREE TO THE ABOVE;

YOU ARE NOT IN THE UNITED STATES OR IN ANY OTHER EXCLUDED TERRITORY;

YOU ARE NOT A US PERSON OR OTHERWISE A RESIDENT OF ANY EXCLUDED TERRITORY; AND

YOU ARE NOT INVESTING OR OTHERWISE ACTING FOR THE ACCOUNT OR BENEFIT OF A US PERSON OR A RESIDENT OF AN EXLUDED TERRITORY.