BEFORE ENTERING THIS WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE, AND ACKNOWLEDGE YOUR AGREEMENT TO THEM. IF YOU AGREE TO THE TERMS, CLICK “I AGREE” AT THE BOTTOM OF THIS PAGE TO ENTER THIS WEBSITE. IF YOU CLICK “I DO NOT AGREE” YOU WILL NOT BE ABLE TO ENTER THIS WEBSITE.
Access to and use of the following website and any materials thereon (the “Website”) is conditional upon your agreement to and compliance with the terms and conditions of access to the Website set out below (the “Terms and Conditions”). The Terms and Conditions may be changed from time to time, and you should read them carefully each time you propose to access the Website. By clicking “I agree” at the bottom of this page, you acknowledge and agree with GamaLife – Companhia de Seguros de Vida, S.A. (“GamaLife”) for the benefit of GamaLife and its affiliates to the Terms and Conditions and agree not to undertake any act or omission that would constitute a breach of these Terms and Conditions. Such acknowledgment and agreement shall have the same force and validity as if these Terms and Conditions were set out in a paper copy and manually signed and delivered by you.
Access to and use of the Website
The Website may be accessed only by, and the materials on the Website are directed only at and may only be viewed by or distributed to:
- persons located and resident outside the United States, its possessions and territories and who are not U.S. persons (as defined in Regulation S under the Securities Act of 1933, as amended (the “Securities Act”));
- persons in any Member State of the European Economic Area who are “qualified investors” within the meaning of Article 2(e) of Regulation (EU) 2017/1129 as amended;
- persons in the United Kingdom that (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 as amended (the “Order”) or (ii) are otherwise persons to whom the materials on the Website may be lawfully communicated pursuant to the Order (together “relevant persons”); and
- any other persons to whom the materials may be otherwise lawfully communicated under the laws of any other jurisdiction.
In addition:
- the Website is not intended for retail investors in the European Economic Area (“EEA”). For this purpose, “retail investors” means persons who are one (or more) of: (i) a retail client (as defined in Point (11) of Article 4(1) of Directive 2014/65/EU, as amended (“MiFID II”); or (ii) a customer within the meaning of Directive (EU) 2016/97, as amended or superseded, where that customer would not qualify as a professional client as defined in Point (10) of Article 4(1) of MiFID II; or (iii) not a qualified investor as defined in Regulation (EU) 2017/1129 as amended; and
- the Website is not intended for retail investors in the United Kingdom (the “UK”). For this purpose, “retail investors” means persons who are one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of UK domestic law by virtue of the European Union (Withdrawal) Act 2018 (“EUWA”); or (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000, as amended (“FSMA”) and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97, as amended or superseded, where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of UK domestic law by virtue of the EUWA; or (iii) not a qualified investor as defined in Article 2 of Regulation (EU) 2017/1129 as it forms part of UK domestic law by virtue of the EUWA.
No key information document (“KID”) required by Regulation (EU) No 1286/2014 (the “PRIIPs Regulation”) or Regulation (EU) No 1286/2014 as it forms part of UK domestic law by virtue of the EUWA (the “UK PRIIPs Regulation”) for offering or selling any securities referred to on the Website or otherwise making them available to retail investors in the EEA or in the UK has been or will be prepared by GamaLife or any of its affiliates and therefore offering or selling any such securities or otherwise making them available to any retail investor in the EEA or in the UK may be unlawful under the PRIIPs Regulation or the UK PRIIPs Regulation.
BY CLICKING THE BUTTON BELOW LABELLED “I AGREE” YOU ARE CERTIFYING THAT (A) YOU ARE NOT LOCATED OR RESIDENT IN THE UNITED STATES, ITS POSSESSIONS OR TERRITORIES AND YOU ARE NOT A U.S. PERSON OR ACTING FOR THE ACCOUNT OR BENEFIT OF A U.S. PERSON; (B) IF YOU ARE IN ANY MEMBER STATE OF THE EUROPEAN ECONOMIC AREA, YOU ARE A “QUALIFIED INVESTOR” AND NOT A “RETAIL INVESTOR” WITHIN THE MEANINGS GIVEN ABOVE; (C) IF YOU ARE IN THE UNITED KINGDOM YOU ARE A “RELEVANT PERSON” AND NOT A “RETAIL INVESTOR” WITHIN THE MEANINGS GIVEN ABOVE; AND (D) YOU ARE A PERSON TO WHOM THE MATERIALS CONTAINED ON THE WEBSITE MAY BE LAWFULLY COMMUNICATED.
IF YOU CANNOT SO CERTIFY, YOU MUST CLICK THE BUTTON LABELLED “I DO NOT AGREE” OR OTHERWISE EXIT THIS WEBSITE.
The materials on the Website are intended for viewing by authorised persons only and may not be published, copied or distributed, in whole or in part, to any other person. Your access to this Website may be restricted by applicable law and regulation, and you must seek your own advice in relation to and observe any such restrictions. Unauthorised use of the Website including, but not limited to, unauthorised entry or misuse of any information posted to the Website is strictly prohibited.
Nothing in the Website is, or is to be construed as, an offer of, or an invitation to subscribe for, underwrite or purchase, any securities.
Nothing in the Website constitutes an offer of any securities for sale in the United States. The securities referred to on the Website may not be offered, sold, resold, pledged, delivered, distributed or transferred, directly or indirectly, in or into the United States or to or for the account or benefit of U.S. persons (as defined in Regulation S under the Securities Act) except in certain transactions exempt from, or not subject to, the registration requirements under the Securities Act. It is not intended that any securities referred to on the Website or any guarantee in respect thereof will be registered under the Securities Act or any U.S. State securities laws. Any securities in bearer form are subject to U.S. tax law requirements.
The materials included on the Website speak only as at the date of those materials. Neither GamaLife nor any of its affiliates has any duty to maintain or update any such materials. GamaLife may, however, in its sole discretion remove or make changes to the materials, or discontinue the Website entirely, at any time.
The Website and the materials contained on the Website do not purport to provide any financial, investment, tax, actuarial, accounting, legal or other advice or any recommendation whatsoever. Before you enter into any transaction in relation to any securities referred to on the Website, you should obtain your own independent advice from your professional accounting, legal, regulatory, tax and other advisers.
The Website may contain proprietary notices and copyright information, the terms of which must be observed and followed.
The Website may contain forward-looking statements. Statements that are not historical or current facts, including statements about GamaLife’s or its directors’ and/or management’s beliefs and expectations, are forward looking statements. Words such as, without limitation, ‘believes’, ‘achieves’, ‘anticipates’, ‘estimates’, ‘expects’, ‘targets’, ‘should’, ‘intends’, ‘aims’, ‘projects’, ‘plans’, ‘potential’, ‘will’, ‘would’, ‘could’, ‘considered’, ‘likely’, ‘may’, ‘seek’, ‘estimate’, ‘probability’, ‘goal’, ‘objective’, ‘deliver’, ‘endeavour’, ‘prospects’, ‘optimistic’ and similar expressions or variations on these expressions are intended to identify forward looking statements. By their nature, forward looking statements involve risk and uncertainty because they relate to events and depend upon circumstances that will or may occur in the future and factors that could cause GamaLife’s actual business, strategy, plans, financial condition, solvency ratios and/or results of operations to differ materially from forward looking statements. Many of these factors will be outside GamaLife’s control. Past performance and results are not indicative of, nor an assurance as to, future performance and results.
The Website may contain financial and prudential capital metrics which are not defined in accordance with International Financial Reporting Standards (“IFRS”) or the prudential regime under which GamaLife operates (“Solvency II”) and may instead be “alternative performance measures” (“APMs”). The use, definition, calculation or presentation of any APMs may differ materially from similarly-named APMs used by other companies, and GamaLife makes no representation or warranty as to the suitability or usefulness of any APMs contained on the Website for any purpose. APMs should not be considered in isolation from, or as a substitute for any analysis of, financial or prudential capital measures defined according to IFRS or Solvency II or otherwise used in preparing and presenting GamaLife’s audited financial statements or formal solvency and financial condition reports.
Neither GamaLife nor any of its affiliates makes any representation, warranty or undertaking whatsoever, express or implied, as to the accuracy, fairness or completeness of the information contained, or views or opinions expressed, on the Website, or as to the reasonableness of any assumptions contained (or underlying any statement contained) therein, or as to the suitability or sufficiency of the information contained on the Website for any person for any purpose, and no reliance should be placed on such information, views or opinions.
To the fullest extent permitted by applicable law and regulation, neither GamaLife nor any of its affiliates shall have any liability (whether in tort, contract other otherwise) to you or any other person for or in respect of any claim, liability, loss, loss of profit or loss of opportunity arising out of or in connection with any materials on the Website or any reliance on or use of such materials. Neither GamaLife nor any of its affiliates will under any circumstances be liable to you or any other person for any indirect, special, consequential, incidental or punitive loss or damages whatsoever, even if GamaLife has been advised of the possibility of such loss or damages. Nothing herein shall, however, limit or exclude any liability which cannot be excluded by applicable law and regulation.
By accessing the Website, you agree with GamaLife that the limitations and exclusions set out in these Terms and Conditions are reasonable having regard to all the relevant circumstances and the levels of risk associated with your and GamaLife’s respective obligations under these Terms and Conditions.
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then (i) that shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect; and (ii) if that provision would be valid or enforceable if part of that provision were deleted, then that provision shall apply with such actual or deemed modification(s) as may be necessary to make it valid and enforceable.
These Terms and Conditions and any non-contractual obligations arising out of or in conjunction with them will be governed by, and construed in accordance with, English law. The English courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions.