It is important that you read these terms and conditions carefully and in full, as it contains important provisions concerning your and our rights and obligations in relation to the services we agree to provide you.

1. General Information:

We specialise in marketing alternative investments and strategies from third parties to sophisticated investors. We also offer nonregulated services such as strategic advice to companies and external reporting to investors.  As such the Financial Conduct Authority (FCA) does not regulate all the products and services we provide. In instances where this applies, we will inform you.

2. Our Services:

This Agreement sets out the basis on which we will provide you, the client, with arranging services in relation to products operated by third parties.

We will provide you with marketing information from the third party pertaining to the relevant investment product allowing you to make an informed decision.

We may agree to assist you with the completion of applications that you make to acquire an investment product. In most cases your application to acquire a product will be governed by the terms of the offering document, and we may assist you in making your application in accordance with such terms.

Our obligation is to ensure that any financial promotion of a third party product is clear, fair and not misleading and that as a firm we act honestly, fairly and professionally in accordance with the best interests of a client and that we provide our services with due care, skill and diligence.

3. Client Classification:

The FCA outlines three categories of client and the level of regulatory protection afforded to each category. The three categories are Retail Client, Professional Client and Eligible Counterparty. Being classified as a Retail Client offers the greatest amount of regulatory protection. Classification as a Professional Client or Eligible Counterparty means you are not entitled to the protections afforded to Retail Clients under the rules of the FCA. 

Titan Alternatives deals with Professional Clients, and Retail Clients who are certified as Sophisticated Investors and/or High Net Worth Individuals. High Net Worth and Sophisticated Investors will not be afforded certain protections of a Retail Client.

The FCA’s Conduct of Business Sourcebook (COBS) details the classification requirements for client on the following webpages:

Professional Clients COBS 3.5

A professional client is a client that is either a per se professional client or an elective professional client

Certified Sophisticated Investors COBS 4 Annex 3

&

Self-Certified Sophisticated Investors COBS 4 Annex 3

You have sufficient knowledge and experience of relevant investments, and understand the risks involved and significant risk of losing all of your investment. 

High Net Worth Individuals COBS 4 Annex 2

You have an annual income of £100,000 or more, or have net assets of £250,000 or more (excluding your main residence, pension savings, and insurance rights or benefits) and understand that there is a significant risk of losing all of the money you invest.

Certain products we promote may be restricted and we will require you to provide information about your knowledge and experience concerning investments in order to determine whether you have the level of experience and knowledge required to understand the risk inherent to investment services or the financial product marketed to, or requested by you.

We will confirm in writing to you the client categorisation that Titan Alternatives treat you as.

4. No Advice:

You will not receive advice or a personal recommendation from us. We will give you information about a product but cannot make a decision for you; we give no warranty to you as to the suitability of the product for you and assume no fiduciary duties in our relations with you. Where you choose to make an application for a product you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of acquiring any product and that you have the knowledge and experience to make your own evaluations of the merits and risks of any investment and that any decision to invest is made on the basis of your knowledge and experience.

Where we do provide information, opinion or commentary on any product, it is provided solely to you to enable you to make your own investment decisions. We give no representation, warranty or guarantee as to the accuracy or completeness of any information, or as to the tax consequences of any investment.

We shall not, nor shall we at any time, be deemed to be under any duty to provide tax advice to you. Where we do provide information or guidance in regard to tax implications associated with an investment, it does not constitute personal advice or advice specific to your own circumstances and is purely generic in nature. You should seek tax advice from a suitably qualified adviser if you are in any doubt prior to making an investment.

5. Risk Warnings:

Please be aware that the value of investments and any income deriving from them can fall as well as rise. You may not get back the original amount invested and may lose all of your investment. You should ensure that you have sufficient liquidity to bear this risk before considering any investment. Past performance is not a reliable indicator of future results.

The price of investments we may introduce to clients may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. A number of the investment products that we market are illiquid investments and therefore higher risk investments.

The risk factors set out above are not complete and you must refer to the relevant offering documents with respect to the risks attached to investment in individual funds or products.

6. The Financial Ombudsman Service (FOS):

Classification as a Professional Client and the foregoing of the protections afforded to a Retail Client may mean you may have no right to compensation under the Financial Ombudsman Service. 

7. The Financial Services Compensation Scheme (FSCS):

Classification as a Professional Client and the foregoing of the protections afforded to a Retail Client may mean you may have no right to compensation under the Financial Services Compensation Scheme.

8. Force Majeure:

We will not be responsible or liable for any loss or for any failure to fulfil any of our obligations or duties hereunder or for any claims, losses, damages, liabilities, costs or expenses suffered or incurred by you if such loss, damage, liability, cost, expense or failure arises directly or indirectly out of or in connection with or as a result of any fire, natural disaster, act of Government or State, change in the law, war or civil commotion, postal or worker dispute, embargo, delay or breakdown in communications or electronic transmission system, failure of any computer dealing or settlement system, inability to communicate (including due to interruptions to internet, e-mail and telephone systems & including by reason of virus), unavailability of market prices or suspension of dealing on relevant exchanges, late payment or late delivery by any other person or failure of any securities depository or any other cause or circumstance beyond the reasonable control of Titan Alternatives

9. Limitation of Liability:

Titan Alternatives shall not be liable to you for loss, including any indirect or consequential loss including, without limitation, loss of profit, damage, injury or delay, whether direct or indirect, arising from the closure or loss of facilities of any relevant investment or investment exchange or from any act of omission of any relevant investment or investment exchange, its officers, employees, agents or representatives or for any reason beyond our control.

Titan Alternatives shall not be liable to you for loss, including any indirect or consequential loss including, without limitation, loss of profit, damage, injury or delay, whether direct or indirect, arising from the closure or loss of facilities of any relevant investment or investment exchange or from any act of omission of any relevant investment or investment exchange, its officers, employees, agents or representatives or for any reason beyond our control.

We shall not be liable in contract, tort (including negligence), breach of statutory duty or otherwise howsoever arising for any claim, damage, loss (whether direct or indirect) or costs in respect of any:

• loss of profit; or
• loss of anticipated business; or
• loss of opportunity; or
• loss of anticipated contracts

10. Remuneration:

We receive introduction fees or commissions from third parties to whom introductions are made. We do not normally charge fees directly to a client but are remunerated by the investment manager. This allows you to invest on a gross basis. In certain circumstances an investment manager may facilitate the payment of a fee to us on your behalf and set aside the agreed amount and remit the fee to us. This net subscription to the investment shall be the total subscription less any fee you agree to be paid as a facilitation fee to us. Should we seek to charge a fee directly to you outside of an investment for services we provide, we will notify you in advance and write to you with details before we carry out any chargeable work, explaining how the fee will be calculated.

11. Client Money:

We do not handle client money (unless it is a settlement of previously agreed fees for which we have notified you in writing and sent you an invoice). Crossed cheques for premiums or investment monies can only be made payable directly to the product provider. No premiums or investment monies of any kind should be paid or made payable to anyone else; any receipt by them of such a payment from you will not be regarded by us as being a transaction for which we will have any responsibility

12. Complaints:

If for any reason you need to make a complaint, please write to the Compliance Officer at Titan Alternatives, 2nd Floor, 7 Johnston Road, Woodford Green, IG8 0XA. We will respond to your complaint within a maximum of five days of receipt of your letter confirming we have received the complaint and that we are dealing with it.

13. Money Laundering:

We are obliged to conform to the Money Laundering Regulations 2019, and also adhere to the guidance notes from the Joint Money Laundering Steering Group, which requires financial institutions to verify the identity and place of residence of each customer. You authorise us to use personal information provided by you in order to conduct appropriate checks to comply with these obligations. You may also be required to provide additional information – should this be necessary, we shall contact you and explain our requirements.

We may ask you to supply evidence of your identity and your address from time to time. Should we require you to provide evidence of your identity and address, we will ask you to provide either original or certified copy documents which are personal to you and which will enable us to fulfil our regulatory obligations. Where original documents are provided, these will be copied for our sole record-keeping purposes and the originals will be returned to you.

We may use credit reference agency (CRA) and fraud prevention agency (FPA) records about you in order to prevent fraud, money laundering and other crimes. We may pass details of false or inaccurate information provided and any suspected fraud or general information to FPAs and other relevant organisations.

We obtain the records through Experian. Their address is: Customer Support Centre, Experian Ltd, PO Box 9000, Nottingham, NG80 7WP (0844 481 8000, www.experian.co.uk).

We are able to verify the identity of the majority of clients who are individuals and resident in the UK, Isle of Man or Channel Islands, via an electronic system provided by Experian.

We will not forward any applications or money for investments to third parties/product providers until our verification requirements have been met. We take no responsibility for any delay in investing where money laundering verification is outstanding.

14. Data Protection:

We are registered under the Data Protection Act 2018 (Registration Number ZB313764) and we undertake to comply with the Act in all our dealings with your personal data. Your personal information will be kept secure. Our privacy and cookies policy is detailed on our website.

15. Anti-Bribery & Corruption:

We have an anti-bribery policy in place which adheres with the Bribery Act 2010 legislation. Copies of our anti-bribery policy are available on our website or by calling 44 (0)20 39277730

16. Electronic Communication:

Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an email without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that email is not an acceptable means of communication.

It is the responsibility of the recipient to carry out a virus check on any email and attachments received.

17. Termination:

Either party may terminate this Agreement and the relationship between us by giving written notice of the termination on the other. Upon terminating this Agreement, any outstanding obligations under this Agreement shall be terminated including any outstanding applications.

18. Law:

These Terms of Business are governed and shall be construed in accordance with English law and the parties shall submit to the exclusive jurisdiction of the English Courts.