This page contains important legal information – please read carefully before proceeding further. The information below explains the legal and regulatory restrictions in relation to the information contained on this Website and the countries in which Newton’s products and services are authorised. ‘Newton’ and/or the “Newton Investment Management” brand refers to the following group of affiliated companies: Newton Investment Management Limited, Newton Investment Management (North America) Limited (NIMNA Ltd) and Newton Investment Management (North America) LLC (NIMNA LLC). NIMNA LLC personnel are supervised persons of NIMNA Ltd and NIMNA LLC does not provide investment advice, all of which is conducted by NIMNA Ltd. NIMNA LLC and NIMNA Ltd are the only Newton companies to offer services in the U.S.

Terms & Conditions of access to the Newton website (“the Terms”)

Please read the Terms carefully. By accessing any page of this Website, you agree to be bound by the Terms below. If you do not agree to the Terms below, please do not access any pages of this Website.

These Terms are a legal document setting out your rights and obligations and those of Newton Investment Management Limited (and its Associates as defined in section 1260 of the UK Companies Act 2006) (“Newton”) in relation to the services offered by Newton through this website (“the Services”). These Terms contain the full and complete understanding between Newton and you relating to this Website or the Services. No advice or information, whether oral or written, obtained by you through or from the Website or from any conversation with Newton staff or a professional financial adviser will operate to vary these Terms.

These Terms may be amended by Newton at any time. Following an amendment to these Terms, this page will be updated to reflect the change, and users of Newton Portal will also be prompted to read and accept our current Terms the next time they access Newton Portal. You should review these Terms each time you use this Website to make sure you agree to them. By using this Website or engaging in any of the activities described in these Terms after changes have been made to these Terms, you are agreeing to accept and comply with those changes.

Please note that the Website may use pop-up windows to display certain types of information. Please therefore ensure that you have disabled pop-up blockers from your browser when using the Website. Newton will not be held liable for any loss incurred as a result of your inability to view information resulting from the use of pop-up blockers.

1. Jurisdiction and Governing Law

These Terms and any and all contracts concluded under them (and any related non-contractual matters) are governed by and shall be construed in accordance with the laws of England and Wales and all references in these Terms to laws and regulations are references to English laws and regulations unless otherwise specified. You agree that any dispute/s arising out of the Terms or otherwise between us shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

2. Content of Website

Whilst care has been taken to ensure the information contained within this Website is accurate and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. All products referred to on this Website are subject to change without notice. Newton may amend this Website and our products and services at any time with or without notice to you. You agree that Newton shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Website or any products or services offered through the Website.

3. Use of the website

You agree that you will only use the Website in a way which is consistent with the Terms and which complies with applicable laws and regulations. In particular, you agree that you will not use the Website to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Website.

4. Linking

We do not endorse and accept no responsibility for the content of any website not operated by Newton or BNY Mellon which you may visit by following a link from this Website. Newton accepts no responsibility for any information contained in any website accessed via a hypertext link from this Website. No other person/company may link their website into Newton’s Website without the express written permission of Newton. The content, accuracy and opinions expressed in such websites are not checked, analysed, monitored or endorsed by Newton. Access to any third party website is at your own risk. You agree that Newton has no responsibility or liability for any third party website and that Newton shall not be liable in any way for any damage or loss caused in relation to the content, goods, products or services available through or mentioned in such third party websites.

5. Product availability

The information contained on this Website does not constitute a distribution, an offer to buy or sell or the solicitation of an offer to buy or sell securities or investments in any jurisdiction or to engage in any other transaction, or to provide any investment advice or service. Some products and services detailed on this Website may only be available to Professional Clients, as defined by the Financial Conduct Authority, or only to persons in certain named countries. If you are accessing this Website outside the UK, your local legislation may not permit us to offer products to you in your own country. Please check with your professional financial adviser as to whether such products are available in the country in which you are resident.

6. Advice

Information contained on this Website is for information purposes only. Newton does not offer investment advice on the merits or suitability of its products or services or the purchase or sale of any security and no information contained within this Website should be construed as such. No warranty is given in relation to any information or advice, whether oral or written, obtained from Newton through this Website or otherwise.

Newton only provides information about its own products it manages and its services and does not give investment advice based on individual circumstances. Newton believes that it is important that any investments you make are suitable for your needs. Therefore we recommend that prior to making an investment into any of our products you consult with a professional financial adviser who will be able to consider your particular investment and help you to determine which is most appropriate for your circumstances.

7. Taxation

Tax treatment depends on the individual circumstances of each client and may be subject to change in the future. Newton is not a tax expert and independent tax advice should be sought. Except where stated otherwise, the contents of this Website are based on Newton’s interpretation of United Kingdom taxation law and practice as at the date appearing at the foot of each product fact sheet. While we believe this interpretation is correct, we can give no guarantee that tax reliefs and the tax treatment of funds will remain the same in the future. The value of any tax reliefs will depend on individual financial circumstances and the country of residence of the relevant investor. If you are in any doubt, you are advised to consult your professional financial and tax advisers.

8. Liability

To the extent permitted by law, Newton accepts no legal liability for loss, damages or expenses which you may suffer or incur directly or indirectly by you accessing this Website. Newton assumes no liability (direct or consequential or any form of liability) for any errors in, or reliance upon, the information contained in the Website. Newton and/or any of its affiliates are not responsible for any subsequent investment advice given based on the information contained in the Website. Newton reserves its right to restrict, suspend or terminate your use of this Website at any time in its absolute discretion. Newton will use all reasonable efforts to keep this Website operational at all times but Newton does not guarantee that the Website or that use of the Website will be free from fault, interruption or error, nor that the Website will be continuously accessible. Access to the Website may be interrupted or restricted at any time for routine or emergency maintenance or repairs or to introduce new facilities, products, functionality or services. The security and reliability of communications on the internet cannot be assured. Newton cannot be held responsible for any disruptions, insecurity, viruses and other risks associated with internet usage. Newton excludes all liability for direct and indirect losses from such matters.

9. “Newton Portal” service

In addition, the following applies to the “Newton Portal” facility:

“Newton Portal” is a secure section of the Website that provides online access to certain information relating to your investment account. Information available via “Newton Portal” includes the valuations of the holdings in your account (which may include audited periodic valuation statements as well as unaudited daily and periodic valuations of the holdings in your account) and the most recent unaudited stock transactions. Unaudited information has not been reconciled, reviewed or finalised by Newton. The unaudited daily and periodic valuations and unaudited stock transactions are provided by way of information only. Newton cannot guarantee the accuracy of, and shall not accept liability for, any reliance placed upon the unaudited daily and periodic valuations or unaudited stock transactions available via “Newton Portal”, including any unaudited or audited data which is able to be downloaded and manipulated by you. Newton does not take responsibility for the data or how this data may be displayed on your computer. For complete audited valuations and stock transactions please refer to the periodic valuation statements, where available, via “Newton Portal” and which may also be sent to you by Newton in accordance with your investment management agreement, if relevant.

You shall assume responsibility for ensuring that your username and password are kept secure and secret at all times and not disclose these to anybody else. Your username and password should be reserved for your use only. Newton does not accept liability for any unauthorised access to your account via “Newton Portal”, or for any use or misuse of any information by any person authorised to have access to your account via “Newton Portal”. You, or any person authorised by you to have access to your account, shall notify Newton in the event that you or they no longer require access to “Newton Portal”. If you or they know, or suspect, that someone else has obtained the username or password to your account or accessed your account without authorisation, please contact Newton immediately.

Newton may stop or suspend access via “Newton Portal” if it reasonably considers it necessary, including without limitation because it suspects that there may be unauthorised access.

10. Downloading and Copying

You may download materials and information from the Website to a single personal computer and/or print a hard copy of any materials and information from the Website in order to help you decide whether to invest in a Newton product or service or to take advice from a professional financial adviser regarding any Newton product or service provided that you do not delete, change or modify in any way any copyright notices or disclaimers attaching to such materials and information. Except for this limited licence you may not copy, reproduce, re-publish, upload, post, transmit or distribute any material on this Website in any way. Doing so could constitute an infringement of Newton’s and/or a third party’s copyright and other intellectual property rights and/or may constitute an infringement of laws, rules or regulations applicable to the marketing or sale of securities. You may not download or copy material in breach of any applicable law, whether in the place where the download is made or in breach of any law prohibiting the export or use of technology or information, including any United Kingdom or European Union embargos or sanctions, U.S. Department of Treasury or U.S. Department of Commerce regulations, including to a resident of or location in any nation to which the US or UK has embargoed goods.

11. Ownership and Copyright

The copyright and other intellectual property rights contained in the Website and (unless otherwise indicated) its contents, including all information, graphics, code, text and design, are owned by Newton. All material on this website is Copyright © (2008 – 2017) Newton Investment Management Limited. All rights reserved. Unauthorised use of this material is strictly forbidden.

In the event of a professional financial adviser wishing to publish or distribute written marketing or other promotional material based upon the content of this Website he/she may only do so having first obtained the prior written consent of Newton. Newton prohibits any website linking to, or framing of, this Website without its prior written permission.

12. Trademarks

This Website contains names and logos which are trademarks of Newton and The BNY Mellon Corporation. Unauthorised use of any Newton or BNY Mellon Corporation name and logo is strictly forbidden.

13. Severability

In the event that any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable then the remainder of these Terms shall remain valid and enforceable. If any part of these Terms is found by a court of competent jurisdiction to be invalid, then you nevertheless agree that the court shall endeavour to give effect to Newton’s intentions as reflected in the Terms.

14. Regulatory Information

UK and US

Newton Investment Management Limited is authorised and regulated by the Financial Conduct Authority. Registered in England No. 01371973. VAT registration number GB: 577 7181 95. BNY Mellon Fund Managers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England No. 1998251. The registered address of Newton Investment Management Limited and BNY Mellon Fund Managers Limited is BNY Mellon Centre, 160 Queen Victoria Street, London, EC4V 4LA. Both firms are members of The Investment Association. Newton Investment Management (North America) Limited (NIMNA Ltd) is an investment management firm, in the UK NIMNA Ltd is authorized and regulated by the Financial Conduct Authority in the conduct of investment business and is a wholly owned subsidiary of The Bank of New York Mellon Corporation. Registered in England no. 2675952. NIMNA Ltd is registered as an investment adviser under the Investment Advisers Act of 1940.

‘Newton’ and/or the “Newton Investment Management” brand refers to the following group of affiliated companies: Newton Investment Management Limited, Newton Investment Management (North America) Limited (NIMNA Ltd) and Newton Investment Management (North America) LLC (NIMNA LLC). NIMNA LLC personnel are supervised persons of NIMNA Ltd and NIMNA LLC does not provide investment advice, all of which is conducted by NIMNA Ltd. NIMNA LLC and NIMNA Ltd are the only Newton companies to offer services in the U.S.

Please note that where AUM has been specified on this website, it relates to the Newton Group of companies, including Newton Investment Management Limited, Newton Investment Management (North America) Limited and Newton Investment Management (North America) LLC. In addition, AUM for Newton may include assets managed by Newton’s officers as dual officers or employees of The Bank of New York Mellon and assets of wrap fee account(s) for which Newton Investment Management (North America) Limited provides discretionary advisory services, albeit shared, in its current wrap arrangements.

All companies cited above are wholly owned subsidiaries of The Bank of New York Mellon Corporation.

BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorised and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith.

USA

Services in the United States of America are offered through Newton Investment Management (North America) Ltd and Newton Investment Management (North America) LLC only. The provision of the information in this Website does not constitute an offer to purchase securities to any person in the United States or to any U.S. Person as such term is defined under the United States Securities Act of 1933, as amended.

Canada

Securities in Canada are offered through BNY Mellon Asset Management Canada Ltd. (MAML), registered as a Portfolio Manager and Exempt Market Dealer in all provinces and territories of Canada and as an Investment Fund Manager and Commodity Trading Manager in Ontario. MAML is an indirect wholly owned subsidiary of The Bank of New York Mellon Corporation and is an affiliate of Newton’s.

Australia

Newton is providing financial services to wholesale clients in Australia in reliance on ASIC Class Order 03/1099, a copy of which is on the website of the Australian Securities and Investments Commission, www.asic.gov.au. The Class Order exempts entities that are authorised and regulated in the UK by the FCA, such as Newton, from the need to hold an Australian financial services license under the Corporations Act 2001 for certain financial services provided to Australian wholesale clients on certain conditions. Financial services provided by Newton are regulated by the FCA under the laws and regulatory requirements of the United Kingdom, which are different to the laws applying in Australia. This information is made available by Newton Investment Management Limited and BNY Mellon Investment Management Australia Ltd (AFSL 227865). This information is confidential and is only provided to Australian wholesale clients (as that term is defined in section 761G of the Corporations Act 2001 (Cth)). This is not an offering or the solicitation of an offer to purchase an interest in any financial product referred to in this Website. This content is for general purposes only and should not be relied upon as financial product advice. This content has been prepared without taking into account the objectives, financial situation or needs of any person. Before making an investment decision an investor should consider the appropriateness of the information in this Website having regard to these matters and read the disclosure document relating to a financial product. Investors should also consider obtaining independent advice before making any investment decisions. Investments can go up and down and to the extent that this Website contains any past performance information, past performance is not a reliable indicator of the future performance of the relevant investment or any similar investment strategy. Newton Investment Management Limited is exempt from the requirement to hold an Australian financial services licence in respect of the financial services it provides to wholesale clients in Australia and is authorised and regulated by the Financial Conduct Authority of the UK under UK laws, which differ from Australian laws. To visit this Website users must qualify as a “wholesale client” as that term is defined in section 761G of the Corporations Act 2001 (Cth).

Basel II Pillar 3 Disclosure
Newton Investment Management Limited and Newton Investment Management (North America) Limited are subsidiaries of BNY Mellon Investment Management Europe Holdings Ltd (‘IMEH’) and therefore form an integral part of the IMEH Basel II Pillar 3 disclosure to meet local regulatory requirements. A copy of this disclosure can be found on the BNY Mellon website using the following link: Pillar 3 disclosure.

15. Risk Warnings

The opinions expressed in this Website are those of Newton and should not be construed as investment or any other advice and are subject to change. This Website is for information purposes only and does not constitute an offer or solicitation to invest. Other content on this Website may have been provided by external sources which is believed to be accurate and complete but cannot be guaranteed as such.

For Newton funds operated by BNY Mellon Investment Management, you should read the Prospectus and the Key Investor Information Document (KIID) for each fund in which you want to invest. The Prospectus and KIID can be found at www.bnymellonim.com

Past performance is not a guide to future performance. Your capital may be at risk. The value of investments and the income from them can fall as well as rise and investors may not get back the original amount invested. Portfolio holdings are subject to change at any time without notice and should not be construed as investment recommendations. Any reference to a specific security, country or sector should not be construed as a recommendation to buy or sell this security, country or sector. Please note that portfolio holdings and positioning are subject to change without notice.

The value of overseas securities will be influenced by fluctuations in exchange rates. Where a portfolio is invested in sub-investment-grade bonds, which typically have a low credit rating and carry a high degree of default risk, please be aware that this may affect the capital value of your investment. Where a portfolio has exposure to hedge funds, gold, private equity and property via publicly quoted transferable securities, there are additional risks associated with these sectors. A portfolio may hold derivatives. An investment in derivatives may be volatile, but the volatility of the strategy is not expected to be any greater than that of the underlying stock and fixed-income markets.

Certain portfolios may invest in emerging markets stocks. Compared to more established economies, the value of investments in Emerging Markets may be subject to greater volatility due to differences in generally accepted accounting principles or from economic or political instability.

Past or current yields are not indicative of future yields. Investors should seek out the current yield published in The Financial Times.

16. Complaints Procedures

Our complaints procedure can be downloaded here:

Newton Investment Management Ltd., Newton Investment Management (North America) Ltd.