RetailInstitutional

Terms and Conditions

You must read the following information before proceeding. It provides important information about the Lumyna website (this “Website”) and the terms and conditions of your access to this website.

Certain information on this Website is only directed at and made available to professional investors and institutional investors.  Such information is not directed at or made available to retail investors. 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.

We use the terms “you” and “your” to mean any person visiting or using the Website, including any person visiting or using this Website on an organisation’s behalf.

In order to view the information on this Website, you must accept the terms and conditions set out below (the “Terms”).  These Terms create a binding legal agreement between Lumyna Investments Limited (“Lumyna”, “we”, “us”) 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.

The Website contains information on funds (the “Funds”) operated by Generali Investments Luxembourg S.A. (“Generali”).  Previously Lumyna was the management company of the Funds.  As of December 14th, 2020, Generali has been appointed as management company of the Funds and has delegated investment management to Lumyna.

Prior to 22 May 2019, Lumyna was CM Investment Solutions Limited, the former funds platform business of Bank of America Merrill Lynch. The name change was part of a re-branding process following the acquisition of the company by Generali Investments Holding S.p.A. on 30th November 2018.

Access to this Website is not open to persons resident in, or citizens of any territory outside the United Kingdom where, to allow such access would require any registration, filing, application for any licence or approval or other steps to be taken by Lumyna, Generali or the Funds in order to comply with local laws or other regulatory requirements in such overseas territory.  This Website, and the information on it, are not addressed to any person resident in the territory of any country or jurisdiction where such distribution would be contrary to local law or regulation. 

Important Notice: The Funds 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 owned, maintained and operated by Lumyna. Lumyna is a company registered in England with registration number 8824800 and has its registered office at 11 Bressenden Place, London SW1E 5BY.  Lumyna is authorised and regulated by the Financial Conduct Authority of the United Kingdom (the “FCA”) and is on the UK Financial Services Register (FRN: 613481), access to which can be gained via the following link: https://register.fca.org.uk/ShPo_HomePage

The Website contains legal and financial documents relating to the Funds issued by Generali, as operator of the Funds, including the latest prospectus, financial reports, key investor information documents and subscription forms (the “Offering Documents”).  Other information on this Website is issued by Lumyna both within and outside the United Kingdom. The Offering Documents and information on this Website relate to the Funds and are 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 Fund. Information on this Website 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.  

By selecting “Institutional Investor” as your investor type and/or by accessing any area of this Website which is only directed at and made available to institutional investors, you represent, warrant and undertake to us that you are not a retail investor.  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.

Where requested, by selecting your country of location, you represent, warrant and undertake that you are a resident of, and currently located in, that country.   This Website is not directed at or made available 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 Offering Documents and information on this Website are being provided strictly for information purposes only and neither the information nor any opinions expressed constitutes an offer or solicitation, or advice or recommendation, by Lumyna or Generali for the purchase or sale of any securities or other financial instruments (including interests in the Funds), and may not be construed as such.  Although the information set out herein is obtained from sources believed to be reliable, neither Generali nor Lumyna guarantees, or represents or warrants as to, its accuracy, adequacy or completeness or recommends that such information serve as the basis for an investment decision. 

The information on this Website has been compiled from various sources.  The information has not been reviewed or approved by, or in conjunction with, any affiliates of Lumyna. To the extent that the information on this Website reflects the views of Lumyna and/or Generali, this information and the views expressed are subject to change without notice to you.

We strongly recommend that you seek professional investment advice before making any investment decision.

  1. Offering Documents

Prospective investors should refer to the Offering Documents for details of the Funds, including general terms of investment in the Funds, risks associated with such investment and the fees. 

The terms of any investment in a Fund are governed by the Offering Documents which contain such contractual terms and which are issued by Generali. In the event of any inconsistency between the information on this Website and the terms specified in, or established pursuant to, the Offering Documents, such terms shall prevail. An application for interests in any of the Funds should only be made having fully and carefully read the relevant Offering Documents (including the prospectus, the latest financial reports, the key investor information document and other offering documents) for the relevant Fund which are available on this Website and upon request from the fund representative in your jurisdiction.

  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 Fund.  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 Funds are not available, and the Offering Documents, are not directed at, made available to and will not be distributed to any person resident in any country where such distribution would be contrary to local law or regulation.

Reference to any Funds on this website does not imply and/or indicate that the relevant Fund is authorised or registered for distribution by any person in a particular jurisdiction.  It is the responsibility of any persons wishing to subscribe for interests in the Funds to inform themselves of, and to observe, all applicable laws and regulations of any relevant jurisdiction. Prospective investors in the Funds should inform themselves as to the legal requirements of so applying, and any applicable exchange control regulations and taxes in the countries of their respective citizenship, residence or domicile.

  1. Risk Warnings

Any investment involves risk.  Investment in the Funds is intended for experienced investors who are able to understand and accept the risks involved. 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 the Funds involves substantial risks including, but not limited to, custody risk, interest rate risk, currency risk, political risk, liquidity risk, market risk and credit risk;
  • there can be no assurance that the investment objectives of the Funds will be achieved and investment results may vary substantially over time.
  • the price and value of interests in the Funds, and any income from such interests, 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 the Funds 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) and any particular tax treatment will depend upon your individual circumstances and country of residence and may be subject to change in the future.  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 latest Offering Documents (in particular the prospectus and key investor information documents) prior to investing in any Fund.  You should ensure you fully understand the risks associated with the investment in a Fund and should also consider your own investment objective and risk tolerance level.  Investment in the Funds is not intended to be a complete investment programme for any investor. 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 and any functionality provided by 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.

By using the Website, you acknowledge and agree that:

(a)    the internet and telecommunications systems are not completely reliable transmission media, are not error free and may be subject to disruption; and

(b)   any systems or devices you may use to access the Website are beyond Lumyna’s control and Lumyna shall not be responsible for the operation or security of any such devices or systems.

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 or other third parties connected to Lumyna.  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.

When Lumyna considers that a breach of these Terms has occurred, it may take such action as it deems appropriate. Failure to comply with these Terms may result in Lumyna taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use this Website;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as Lumyna reasonably feels is necessary or as required by law.

Lumyna excludes its liability for all action it may take in response to breaches of these Terms. The actions Lumyna may take are not limited to those described above, and it may take any other action it deems appropriate.

  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 Fund or other financial instruments referred to on this Website underlying any Fund 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.  Further details of the policy and procedures adopted to avoid or manage such conflicts are available from Lumyna on request.

  1. Intellectual Property Rights

You acknowledge that Lumyna is the owner or the licensee of all intellectual property rights on this Website, and in the materials published on it and that you have no rights in respect of the intellectual property rights in respect of the Website and such materials.  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 personal reference only. You also agree not to adapt, alter or create a derivative work from any Website content or materials except for your own personal, and non-commercial use. Such materials or the Website may not otherwise be reproduced, republished, reverse engineered, decompiled, 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 intellectual property rights (including, but not limited to, 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.  The Privacy Statement also describes how we use cookies on this Website.

  1. Linked Websites

Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Lumyna of those linked websites or information you may obtain from them. Lumyna has no control over the contents of those websites or resources. When you access a linked website or resource, you do so at your own risk. It is your responsibility to review the terms of use and privacy policies that apply to linked websites and resources. Any claim you might have with respect to linked websites is against the operator of the website and not against Lumyna or its affiliates.

  1. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage Lumyna or its affiliates’ reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Lumyna or its affiliates’ part where none exists. You must not establish a link to this Website in any website that is not owned by you. This Website must not be framed on any other website, nor may you create a link to any part of this Website other than the home page. Lumyna reserves the right to withdraw permission to link to this Website without notice.

  1. Feedback

If you submit or provide suggestions for improving this Website to us, we will be free to exercise any and all rights in the feedback without restriction or compensation of any kind.

  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 (which includes, but is not limited to, Generali) 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. Contact Us

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