IMPORTANT INFORMATION: Your continued use of and access to this website is subject to your agreement with these Terms of Use.
1. General
For the purpose of the Securities and Futures Ordinance (Cap. 571) and its subsidiary legislation, this material is issued by Income Partners Asset Management (HK) Limited (‘Income Partners’) which is regulated by the Hong Kong Securities and Futures Commission (the 'SFC'). SFC authorization is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits of a scheme or its performance. It does not mean the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors. This site has not been reviewed by any regulatory authority, including the SFC, the Securities and Exchange Commission or the Commodities and Futures Trading Commission of the United States.
2. Description of Website
Access to and use of this website (the 'Site') and the materials found on it (the 'Content'), including the investment products referred to on it (the 'Investment Products') are subject to the following terms and conditions (the 'Terms'). By clicking “I Agree” button, or by continuing to use this Site, you signify that you have read, understood and accepted the Terms. Income Partners 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.
3. Restricted Access
The Investment Products have not been and will not be registered under the United States Securities Act of 1933 (as amended) or the United States Investment Company Act 1940 (as amended), and except in a transaction to a person who is a "accredited investor" as defined in Regulation D under the United Securities Act, a "qualified purchaser" as defined in the Investment Company Act and the regulations thereunder, and “qualified eligible persons” as defined by the U.S. Commodity Futures Trading Commission (“CFTC”) Rules and Regulations or the rules and regulations thereunder, the Investment Products may not be directly or indirectly offered or sold in the United States of America, or any of its territories or possessions or areas subject to its jurisdiction, or for the benefit of a US Person which is defined as (i) an individual who is a United States citizen, a US green card holder, or a resident of the United States for US federal income tax purposes, (ii) a corporation or partnership organized under the laws of the United States or any political subdivision thereof, or (iii) an estate or trust, the income of which is subject to US federal income taxation regardless of its source; the Investment Products will not be issued to a person who is a US person (as defined above) for US federal income tax purposes.
PURSUANT TO AN EXEMPTION FROM THE CFTC IN CONNECTION WITH POOLS WHOSE PARTICIPANTS ARE LIMITED TO QUALIFIED ELIGIBLE PERSONS, AN OFFERING MEMORANDUM FOR THE INVESTMENT PRODUCTS ARE NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE CFTC. THE CFTC DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A POOL OR UPON THE ADEQUACY OR ACCURACY OF AN OFFERING MEMORANDUM. CONSEQUENTLY, THE CFTC HAS NOT REVIEWED OR APPROVED ANY OFFERING MEMORANDUM FOR THESE INVESTMENT PRODUCTS.
YOU SHOULD ALSO BE AWARE THAT THE INCOME PARTNERS MAY TRADE NON-UNITED STATES FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION TO THE COMPANY AND ITS INVESTORS. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON-UNITED STATES JURISDICTIONS WHERE TRANSACTIONS MAY BE EFFECTED.
Notwithstanding anything to the contrary, this Site, the Content and the Investment Products 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 Income Partners to any registration or licensing requirement in any such jurisdiction. Persons who wish to access this Site are required by Income Partners 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 in cases of doubt.
4. Not an Advertisement, Offer or Solicitation
The Content is provided for information purposes only and does not constitute an advertisement, 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. Potential investors should read the full text of the relevant offering documents carefully before any investment decision is made and pay particular attention to the section entitled 'Selling restrictions' in the offering document which clarifies the persons to whom this material is intended to be communicated.
5. Responsibilities of User
You are responsible for any use of the Site. You undertake to use your best endeavors to use the Site in accordance with applicable law and regulation and to ensure that nothing you do while accessing the Site will damage the Site.
6. No Warranties and Exclusion of Liability
While Income Partners reasonably believes that third party information contained in this website is accurate, complete and up-to-date, Income Partners gives no warranty beyond what Income Partners reasonably believes is accurate, complete and up-to-date, 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.
Income Partners will 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.
Income Partners 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.
Income Partners 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).
Income Partners will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Income Partners.
7. 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. Investors should read the prospectus for details, including the risk factors. Certain Investment Products on this Site may 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. Price fluctuations may be substantial because of leverage. 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.
8. No Reliance
Nothing contained on this Site constitutes investment, legal, tax or other advice, an offer 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.
9. Material Interests
Any one of Income Partners 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.
10. Data Protection
You acknowledge and agree that Income Partners may process personal data that has become available to Income Partners in the process of you using this Site in accordance with Income Partners' personal data privacy policy. Such data procession may include, among other things, the transfer of personal data to countries which may not have data protection laws equivalent to those in Hong Kong.
11. Jurisdiction and Applicable Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter will be governed by and construed in accordance with Hong Kong law. The courts of Hong Kong will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that Income Partners may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.
12. Changes to the Site
Income Partners may update the Site or change the Content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. We may make changes to these Terms at any time. You should check the Site regularly to check the Terms.
13. Languages
In case of discrepancies between the English and Chinese language versions of these Terms of Use and content of this website / application, the English version shall prevail.