This website is operated by Austen Capital International Limited (“collectively known as the Austen Group”), referred to herein as “Austen”. Your use of this website confirms that you have read and agree to the “Terms and Conditions of Use” of this website. It is the users’ responsibility to observe all applicable laws and regulations of the relevant jurisdiction before proceeding to access the information contained herein. Users are held to have expressly accepted and consented to the terms and conditions of this disclaimer by entering this website. Entering this website constitutes a legal and valid electronic signature and hence, represents evidence of your express consent to be bound by the terms and conditions of this legal disclaimer. Please read this page before proceeding, as it explains certain restrictions imposed by law on the distribution of this information and the countries in which our products are authorized for sale. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction.
TERMS AND CONDITIONS OF USE
REGULATION
Austen Capital International Limited holds licenses under the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong SAR) to carry on Type 4 (advising on securities) and Type 9 (asset management) regulated activities with a member number of BIK254 issued by the Hong Kong Securities and Futures Commission (“SFC”).
LIMITATION OF LIABILITY
All information contained within this website is provided to you on the basis that it is for information only. It should never be construed that this information will be used for the basis of investment advice. It is the sole responsibility of you to independently verify that the information is suitable for your circumstances. You should note that some of the investments products (e.g. securities, mutual funds, similar securities, etc.) highlighted in this website are speculative and may carry a substantial degree of risk. Past performance is no guarantee of future returns and the value of investments can fall as well as rise, especially in the short term. No information contained in this website may constitute the distribution of any information or the making of any offer or solicitation to an investor. You should seek professional advice from suitably qualified independent investment advisers and read the securities’ brochures and prospectuses before making any investment decisions. The information provided on this website or in any communication containing a link to this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Austen to any registration requirement within such jurisdiction or country. The information on this website is provided “as is.” Austen does not warrant the accuracy of the information provided herein. Austen shall not be responsible for any loss or damage that results from interception by third parties of any information made available to you via this website. Although the information provided to you on this website is obtained or compiled from sources that are believed to be reliable, Austen cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available for any particular purpose. Austen disclaims responsibility and legal liability (for both authorised and unauthorised users) for any loss, harm, or damage, however caused, resulting from accessing any section of this website. By agreeing to enter this website, both authorised and unauthorised users waive their right to later pursue any form of legal action in any jurisdiction for any loss, harm, or damage, however caused, resulting from accessing this website. Users also consent to waive the right, by entering this website, to seek any form of restitution, damages, or remedy, monetary or otherwise, for any loss, harm, or damage, however caused, resulting from accessing this website. Austen makes every effort to avoid making incorrect misrepresentations or misleading statements, and in no way encourages unconscionable or deceptive conduct in the providing of its services. By entering this website, you expressly accept that Austen will not and cannot be held liable (in all forms of legal liability) for; and that Austen does not warrant, guarantee, or represent (expressly or impliedly), that; information, opinion, commentary, data, or any other content in this website is accurate, valid, complete, legal, and current. The information in this website is obtained and compiled from various sources we believe to be reliable, but Austen does not expressly or by implication guarantee its reliability. Nothing in this website constitutes an offer or solicitation of financial product advice and are not intended to constitute provision of investment, legal, tax, or other professional or financial advice. Such content therefore should not be relied upon for the making of any personal financial and investment decisions. Persons accessing this information are strongly encouraged to obtain appropriate professional advice before making any investment or financial decision. By entering, you expressly accept that Austen does not warrant, guarantee, or represent (expressly or impliedly) that the website is free from technical malfunction or human error, or that any services obtained through this website are of fitting quality and suitable for any particular purpose, and you expressly accept that Austen will not and cannot be held liable (in all forms of legal liability) for any errors, inaccuracies or omissions (including any third party) and any loss or damages, whether incidental, consequential, or otherwise, resulting from its use or inability to use by any party, or in connection with any error, interruption, delay in operation or incomplete transmission, or line or system failure. Use of hyperlinks to or from other internet sites or resources are the users own risk. The content, accuracy, opinion expressed, and other external links provided at these sites are not investigated, verified, modified, or endorsed by Austen. Austen disclaim any responsibility for the accuracy, contents, availability, or inclusion or omission of information found on sites that link to or from this website. Users are solely responsible for making all enquiries and investigation before proceeding with any online or offline access or transaction with any of these third parties. Austen emphasises that all activities conducted by users at or via this website are at their own risk. Austen does not warrant the security of any information users may forward, or be requested to provide, to any third parties. Users are deemed to have irrevocably waived any claims against the Austen Group companies for any loss or damage suffered as a result of any access to or interaction with any other websites via this website. In the event that you may wish to access any services through this website, you are advised that any transactions over the Internet carry certain special risks. By agreeing to enter this website, you expressly accept that Austen will not and cannot be held liable (in all forms of legal liability) for any transactions that are processed over the internet. Online transactions may be subject to but not limited to, interruption, transmission, blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet. All information contained in this website is general information only. While special care has been taken in preparing the information and materials contained in this website, such information and materials are provided to you on an “as is” basis and carry no warranty or representation of any kind, express or implied. In particular, no warranty or representation is given for information and materials regarding non-infringement, security, accuracy, suitability for a particular purpose, or freedom from computer virus, Trojan horses, worms, software bombs or similar items. Moreover, the information contained in this website may be changed at any time without prior notice. Austen accepts no liability whatsoever for any loss or damage, or otherwise as stipulated in this legal disclaimer, arising from the use of any section of this website, whether or not such loss or damage is caused by reason of negligence, or otherwise on the part of Austen. The user assumes all risks associated with the use of this website including, but not limited to, all terms and conditions mentioned in this legal disclaimer.
DISCLAIMER FOR PRINT AND PUBLISHED MATERIALS
This disclaimer is for Print and Published Materials (the “Materials”) by Austen. Materials are the property of Austen and where relevant are protected by Hong Kong and international laws of copyright, trademark and other intellectual property laws. No part of the Materials may be copied, modified, republished, sold, distributed, transmitted, displayed or otherwise used for any purpose without the prior authorisation of Austen. Materials are provided solely for general information and educational purposes and are based on information generally available to the public from sources believed to be reliable, and provided by Austen in good faith. Austen does not undertake to update or advise of changes to the information in Materials. Expressions of opinion in Materials are those of the relevant author and are subject to change without notice.
NO OFFER
The content of this website or of any Materials is purely informative and is not aimed at promoting the services of Austen, its subsidiaries and associated companies. It is intended to widen awareness of Austen’s services. No information appearing on this site shall be deemed as an offer for services or products nor as an offer or the solicitation for a purchase or sale of securities or of any other investment product. Nothing on this site shall be deemed as a public call nor selling, whatever its form, qualification or denomination nor shall it be construed as a proactive behaviour from Austen towards third parties. Every contact with Austen from third parties must be considered as the latter’s sole initiative. Materials are not, and should not be construed as, an offer, or a solicitation of an offer, to buy or sell, or acting to sponsor, advocate, endorse or promote, or recommendations or other advice with respect to the purchase, sale or disposition of, or a means of reliance on which to make any investment in any product, security or investment. The Content is provided for information purposes only and does not constitute a solicitation or offer, or advice or recommendation, to buy or sell interests in any Investment Products, to effect any transactions, or to conclude any transaction of any kind whatsoever. None of the information presented is intended to form the basis for any offer or recommendation, or have any regard to the investment objectives, financial situation or needs of any specific person. No reliance may be placed for any purpose on the information provided in this presentation or the accuracy or completeness thereof and no responsibility can be accepted by Austen and/or any of its affiliated entities to anyone for any action taken on the basis of such information. Potential investors should read the terms and conditions in the relevant offering materials carefully before any investment decision. Please note that certain investment products can only be redeemed on a monthly or quarterly basis with initial lockup periods enforced. Investors redeeming before a specified date may be subjected to a redemption fee.
COPYRIGHT
If you download any information from this website, you shall not copy it or remove or obscure any copyright or other notices or legends contained in any such information. The content of this or of any linked website must not be reproduced in any manner for any other purposes. Austen reserves the right to pursue any necessary legal action for any copyright infringement.
RESTRICTED ACCESS
This Site, the Content and the Investment Products or services are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site (or the purchase or sale of the Investment Products) would be contrary to applicable law or regulation or would subject Austen to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Site are required by Austen to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Site or to subscribe for interests in the Investment Products. Professional advice should be sought from a financial or other professional adviser regarding the suitability of the product.
Only “Professional Investors” as defined in our Fund’s relevant offering materials may subscribe for or hold Participating Shares in the Austen Investment Products. “Professional Investors” must meet the requirements as defined in the Securities and Futures (Professional Investor) Rules (Chapter 571D) of Hong Kong. Before investing in a Fund or investment product, potential investors are requested to refer to relevant offering materials to determine if they satisfy the requirements of an Accredited Investor and/or a Professional Investor.
MONITORING BY AUSTEN
Your use of the services on this Site may be monitored by Austen, and the resultant information may be used by Austen or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
NO COMMERCIAL EXPLOITATION
The copyright and other intellectual property rights in the Content are owned by Austen. Any use of the Content for any purpose is accordingly prohibited except as stated below. With the exception of Content supplied on the Site in a format for you to download i.e. pdf, you may not reproduce, transmit, modify, store, archive or in any other way use for any public or commercial purpose this Site or any of the Content without the prior written permission of Austen. In particular, neither you nor any third party acting on your behalf or at your instigation may redistribute to any other person any of the Content (whether as part of any library, archive or similar service or otherwise); remove the copyright or trade mark notice from any copies of Content; create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
RESPONSIBILITIES OF USER
You are responsible for any use of the Site made by you. You undertake to use your best endeavours to use the Site in accordance with applicable law and regulation and to ensure that nothing you do whilst accessing the Site will damage the Site.
NO WARRANTIES AND EXCLUSION OF LIABILITY
Whilst Austen shall use reasonable efforts to obtain information from sources which we believe to be reliable, Austen gives no warranty as to the accuracy, completeness or reliability of any information, opinions or forecasts contained on the Site, nor does it undertake to ensure that this Site will be available or accessible at all times. Austen shall have no liability (whether in contract, tort or otherwise) for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with the access to, use of or linking to other websites (“Linked Websites”) from this Site or any reliance on any of the Content. Austen is not responsible for the content of any Linked Websites and accordingly accepts no liability with respect thereto or for any reliance placed upon such Linked Websites. Austen is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider). These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Austen.
INVESTMENT PERFORMANCE
Potential investors should note that investments can involve significant risks and the value of an investment may go down as well as up. The Investment Products on this Site typically use alternative investment strategies and may invest in derivatives of any kind. The prices of futures, options and other instruments in which the products may invest may fall in value as rapidly as they may rise and it may not be possible to liquidate the positions in the relevant markets before a loss is sustained. No assurance can be given that the investment objective of any Investment Product will be achieved or that substantial losses will not be suffered. There is no guarantee of trading performance and past or projected performance is not necessarily a guide to future results. Movements in exchange rates between currencies may affect the value of an investment.
NO RELIANCE
Nothing contained on this Site constitutes investment, legal, tax or other advice or a recommendation to purchase or sell any investment. You should not rely on any of the Content in making an investment or other decision but should obtain relevant and specific professional advice and read the terms and conditions contained in the relevant offering prospectus carefully before any investment decision is made.
MATERIAL INTERESTS
Any one of Austen or its affiliates or their directors, officers, employees, agents or representatives may have or have had an interest or holding, relationship or other arrangement with the Investment Products which may be material. You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
MISCELLANEOUS
You should be aware that your dealings with any Austen’s entities are not covered by the rules and/or regulations made for the protection of investors in your country of legal residence, including any compensation arrangements, complaints process or rights of cancellation under the laws and rules of your country. Similar protections may be available under the rules and regulations applicable in the jurisdiction in which business is conducted but you must make your own investigation of such matters. You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
CONTENT
Austen may update, revise, delete or modify information on this Site without notice. Information should only be considered current as of the time of initial publication on this Site or as otherwise stated on this Site without regard to the date on which you may access the information.
ACCEPTANCE
Entering this website constitutes a signature of your consent to the above disclaimer. If you disagree with, or part of this disclaimer, or are unclear as to the meaning of, or part of this legal disclaimer, entering this website is strictly prohibited.
ELECTRONIC COMMUNICATIONS DISCLAIMER
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Unless specifically stated, neither the information nor any opinion contained herein constitutes as an advertisement, an invitation, a solicitation, a recommendation or advice to buy or sell any products, services, securities, futures, options, other financial instruments or provide any investment advice or service.
PRIVACY POLICY
We do take the security of your privacy seriously. Our general policy is not to disclose any personal data to any third parties except as required by law or with your prior consent. All personal data you provided us are secured on our Website with restricted access by authorized personnel only.