If you are accessing, or attempting to access, the Application without having created an account with us or intending to create an account in accordance Clause 3 (Eligible Use), “you” refers to you in your individual and personal capacity.
Any person who does not comply with this User Restriction Policy should not use the Application.
In this context, the terms authorised firm and high net worth company or unincorporated association are defined in accordance with the policies of the United Kingdom’s Financial Conduct Authority (FCA).
The FCA has defined (a) an authorised firm as (i) a person who has a Part 4A permission to carry on one or more regulated activities; (ii) an incoming EEA firm; (iii) an incoming Treaty firm; (iv) a UCITS qualifier; (v) an investment company with variable capital; or (vi) the Society of Lloyd’s; and (b) a high net worth company or unincorporated association as (i) any body corporate which has, or which is a member of the same group as an undertaking which has, a called‐up share capital or net assets of not less than (A) if the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000; (B) otherwise, £5 million; (ii) any unincorporated association or partnership which has net assets of not less than £5 million; (iii) the trustee of a high value trust; or (iv) any person (A) whilst acting in the capacity of director, officer or employee of a person (B) falling within any of sub‐paragraphs (i) to (iii) where Aʹs responsibilities, when acting in that capacity, involve him in Bʹs engaging in investment activity.
Evidence of Eligible Use
You may be required to provide us with reasonable evidence, either electronically or through hard copy documentation, that you fulfill the criteria of an authorised firm or high net worth company or unincorporated association, as applicable, from time to time. Reasonable evidence may include financial statements, annual reports, self-certifications and/or certifications from a sufficiently knowledgeable firm.
If you elect not to provide such reasonable evidence within a reasonable time after our request, we may elect to restrict your ability to access or use parts of the Application, or the entire Application, until you have provided such evidence.