RetailInstitutional

Terms and Conditions

You must read the following information before proceeding. It provides information on some of the laws and regulations applicable to this website.

In order to view the information on the Lumyna website (the “Website”), you must accept the terms and conditions set out below (the “Terms”).  These Terms create a binding legal agreement between Lumyna Investments Limited and you. For your own protection and benefit, please read these Terms carefully before proceeding to the Website.  During each visit to this Website, you are responsible for being familiar with, and are bound by, the current version of these Terms.  If you do not agree to these Terms, please do not proceed as you will be unauthorised to use the Website.

As of 22nd May 2019, CM Investment Solutions Limited, the former funds platform business of Bank of America Merrill Lynch, the management company to the Merrill Lynch Investment Solutions SICAV (“MLIS”), has changed name to Lumyna Investments Limited (“Lumyna”). This name change is part of a re-branding process following the acquisition of the business by Generali Investments Holding S.p.A. on 30th November 2018.

Any continued use in this communication or any related documentation of the name or logo of Bank of America N.A., or any of its affiliates or its trade names such as Bank of America Merrill Lynch, is temporary and for administrative purposes only and does not in any way imply that that this communication or its contents is sent or otherwise endorsed by Bank of America.  If you have any questions specifically related to this communication, please contact [email protected]

Important Notice: The Investment Products mentioned on this Website are not being offered, and will not be sold, within the United States or to, or for the account or benefit of, any U.S. Person. The term U.S. Person shall have the meaning as defined in Regulation S under the United States Securities Act of 1933, as amended, and includes, among other things, U.S. residents and U.S. corporations and partnerships.

  1. About this Website

The Website is located at www.Lumyna.com and operated by Lumyna, as the designated management company for the Sub-Funds, in accordance with the Law of 17 December 2010. Lumyna is authorised and regulated by the Financial Conduct Authority of the United Kingdom (the “FCA”) to act as a UCITS management company in accordance with the UCITS Directive. Lumyna’s authorisation has been passported and enables Lumyna to manage MLIS in Luxembourg. The information on this Website is issued by Lumyna both within and outside the United Kingdom. The information on this Website relates to investment funds (the “Investment Products”) and is provided for your private use only.  Information available on this Website may constitute a financial promotion for the purposes of the rules and guidance issued by the FCA. None of the information contained on this Website constitutes a personal recommendation or advice; nor does it constitute an invitation, offer or solicitation to engage in any investment activity including to sell or purchase any financial instruments including, but not limited to, an interest in any Investment Product. Information on this site is provided for information purposes only.

  1. Your Access to this Website

In order to access the Website, you represent, warrant and undertake to us that you are not a U.S. resident nor a U.S. Person.   If you are a retail investor, you must not attempt to gain access to areas of this Website other than those made available to retail investors.

This website is not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in, any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation.

  1. No Advice

The information on this Website does not constitute an offer, solicitation or recommendation for the purchase or sale of any Investment Products nor does it constitute advice of any kind, whether in relation to legal, compliance, accounting, regulatory matters or otherwise, a personal recommendation (as defined by the rules of the Financial Conduct Authority) or otherwise or an expression of our view as to whether a particular Investment Product is suitable or appropriate for you and meets your financial goals or any other objectives. This information is not based on the particular circumstances of any named recipient.

The information has not been reviewed or approved by or in conjunction with any affiliates of Lumyna. To the extent that the information in this communication reflects the views of Lumyna, this information and views expressed are subject to change without notice to you. Although the information set out on this Website is obtained from sources believed to be reliable, Lumyna does not guarantee its accuracy or completeness. We strongly recommend that you seek professional investment advice before making any investment decision.

  1. Prices / Historic Performance

All prices or values provided on this Website are indicative only.  Such prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell an interest in a particular Investment Product.  Lumyna accepts no responsibility for updating the price information available on this Website.

Past performance is not indicative of future results.

  1. Selling Restrictions

The distribution of the information contained on this Website may be restricted by law in certain countries.  This Website, and the information on it, are not addressed to any person to whom it is unlawful to make such information available.  The Investment Products are not available, and prospectuses and other offering materials in respect of them, will not be distributed to any person resident in any country where such distribution would be contrary to local law or regulation.

  1. Risk Warnings

Any investment involves risk.  You should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you.  In this respect please note that:

  • any investment in Investment Products involves substantial risks including, but not limited to, custody risk, interest rate risk, currency risk, political risk, liquidity risk, market risk and credit risk;
  • the price and value of interests in the Investment Products can go down as well as up.  You may not get back the original amount invested and may lose all of your investment;
  • Past performance is not indicative of future results.  To the extent that this Website contains any indications as to future performance, such forecasts are not a reliable indicator of future performance;
  • the value of investments in Investment Products may be affected by the price of underlying investments and changes in any relevant foreign exchange rates;
  • tax assumptions may change if the law changes, and the value of tax relief (if any) will depend upon your individual circumstances.  You should consult your own tax advisers in order to understand any applicable tax consequences.

The above list of risk factors is not complete and you must refer to the relevant prospectus, KIID and/or other offering documents prior to investing in any Investment Product.  We strongly recommend that you seek professional investment advice before making any investment decision.

  1. Liability for Use of this Website

Access to this Website is permitted on a temporary basis and Lumyna reserves the right to withdraw or amend the information it provides on this Website without notice.  Lumyna does not accept any liability if, for any reason, this Website is unavailable at any time or for any period.

Information and opinions contained on this Website have been compiled or arrived at by Lumyna from sources believed to be reliable.  However, to the extent permitted by law, Lumyna, its affiliates and other third parties connected to Lumyna, hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity.

Lumyna, its affiliates and other third parties connected to Lumyna, further exclude, to the extent permitted by law, any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user of this Website or in reliance on the information or opinions contained on it, or in connection with the use, inability to use, or results of the use of this Website or any websites linked to it or materials posted on it.  Lumyna disclaims all liability and responsibility arising from any reliance placed by any user of this Website, or by anyone who may be informed of any of the information on this Website, on materials and information posted on this Website.

The information on this Website is provided “as is”. To the extent permitted by law, no guarantee or representation, express or implied, is made as to the accuracy, validity, timeliness, completeness or continued availability of any information made available.  Lumyna does not warrant the accuracy of the materials provided on this Website and any warranty of any kind is disclaimed to the fullest extent permitted by applicable law or regulation.  Lumyna shall not have any responsibility to maintain the information made available on this Website or to supply any corrections, updates or releases in connection therewith.

The internet is not a completely reliable transmission medium and neither Lumyna nor any of its affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from Lumyna or any of its affiliates.  Any such transmission of information is entirely at your own risk.

Neither Lumyna nor any of its directors, officers or employees, nor any other person will be liable or have any responsibility of any kind for any loss or damage that any user of this Website incurs in the event of any failure or interruption of the Website or resulting from the act or omission of any other party involved in making the Website or the information contained on it available to you, or from any other cause relating to a user of this Website’s access to, inability to access, or use of the Website or this information, whether or not the circumstances giving rise to such cause may have been within the control of Lumyna or of any third party providing software or support services.

  1. Conflicts of Interest

Lumyna, its affiliates and its or their directors, officers, employees or clients may have or have had interests or long or short positions in any Investment Product or other financial instruments referred to on this Website underlying any Investment Product and may at any time make purchases and/or sales in them as principal or agent.  Lumyna has a conflicts of interest policy which specifies the procedures that it follows and the measures that are adopted in order to avoid conflicts of interest and/or potential conflicts of interest or to manage and mitigate the risk of these conflicts in a way that ensures fair and equitable treatment for its clients.

  1. Intellectual Property Rights

Lumyna  is the owner or the licensee of all intellectual property rights on this Website, and in the materials published on it.  Those works are protected by laws and treaties around the world.  All such rights are reserved.  You may use the materials on this Website and download and reproduce them in hard copy for your own reference only provided you retain all copyright and other proprietary notices.  Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system, linked to, modified or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written consent of Lumyna.  Nothing on this Website should be construed as granting any licence or right in relation to any of Lumyna’s trademarks or those of its affiliates or any third party.

  1. Your Personal Data

Lumyna respects your privacy.  In agreeing to these Terms, you agree to the terms of our Privacy Statement, which can be found here.

  1. Amendments to these Terms

Lumyna may revise these Terms at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes Lumyna makes, as these are binding on you.

  1. Severance

If any provision of these Terms is held by any court or competent authority to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.

  1. Additional Terms

These Terms 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 appear on each individual page.

Your use of certain sections of this Website may be subject to separate or additional terms and conditions.  By accessing such pages, you agree to be bound by those separate or additional terms and conditions.  In the event of any conflict, those separate or additional terms and conditions will govern your use of those sections or pages of this Website.

Lumyna’s affiliates shall have the benefit of rights conferred on them by these Terms but otherwise no person who is not a party to these Terms may enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

  1. Applicable Law

These Terms and any non-contractual obligations arising from or connected with them are governed by English law and these terms and conditions shall be construed in accordance with English law.  English courts will have non-exclusive jurisdiction over any dispute arising from, or related to, use of this Website and it is a condition of using this Website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although Lumyna retains the right to bring proceedings against any user of this Website for breach of these Terms in their country of residence or any other relevant country.

  1. About Lumyna Investments Limited

Lumyna is registered in England with registration number 8824800 and has its registered office at 11 Bressenden Place, London SW1E 5BY.

Lumyna is entered on the FCA Register (Register Number 613481), access to which can be gained via the following link: https://register.fca.org.uk/ShPo_HomePage

  1. Contact Us

You can contact Lumyna with enquiries concerning this Website at the following email address: [email protected]