Terms and Conditions of Use
IMPORTANT LEGAL NOTICE
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) APPLY TO YOUR ACCESS TO AND USE OF THE FUCIUS CAPITAL LTD WEBSITE (THE “WEBSITE”). EACH TIME YOU ACCESS OR USE THIS WEBSITE, YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE TERMS OF USE AND ACKNOWLEDGE THAT WE MAY RELY UPON YOUR AGREEMENT. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND IF YOU DO NOT ACCEPT ANY TERMS OR CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.
- Information on the Website
Except where stated otherwise, the information, content, and services on this Website (the “Information”) are provided by Fucius Capital Ltd (referred to as “we” and “us”) as at the date indicated on the relevant material.
The Information is provided for personal use and information purposes only. The Information does not take account of the investment objectives, financial situation and particular needs of any particular person and is not general advice to any class of persons. Therefore, you should not rely on the Information and should obtain relevant and specific professional advice in making any investment decision.
Furthermore, nothing on this Website constitutes or should be construed to constitute:
- an offer, advice, invitation or solicitation from us or our affiliates to buy or sell any investments or securities, futures, options or other financial instruments;
- an invitation or inducement to engage in investment activity or a financial promotion of any kind; or
- investment advice or recommendation.
- Permitted Users of the Website
Non-Retail Clients Only
This website is intended for use by professional clients and eligible counterparties for the purposes of the rules and guidance of the Financial Conduct Authority of the United Kingdom.
Non Solicitation to Any Persons
The laws and regulations of the country from which you access this Website may include restrictions on the distribution of the Information. This Website is not directed at or intended for distribution to or use by any person or entity in any jurisdiction where (by reason of that jurisdiction’s applicable securities laws, person’s nationality, residence or otherwise) such distribution, publication, availability or use of this Website or any part of its contents would be contrary to applicable law or regulation or would subject Fucius Capital Ltd or its affiliates to any registration or licensing requirement within such jurisdiction. If you are such a person or entity, you are not authorised to enter the Website. It is your responsibility to ensure that your use of this Website complies with any restrictions or any applicable local laws regarding use of the Information on this Website. Persons or entities in respect of whom such restrictions apply must not access the relevant pages on this Website. The Information displayed on this Website contains material that may be interpreted by the relevant authorities in the country where you are viewing this Website as a financial promotion or an offer to purchase securities. Accordingly, if you reside in any such country or fall within the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which you are viewing this Website, please cease accessing or using this Website immediately.
If you are uncertain about your position under the laws of the country in which you are viewing this Website, then you should seek clarification by obtaining legal advice from a lawyer practicing in the country of your residence or in the country in which you are viewing this Website before accessing this Website.
Neither this website nor any documents that are received constitute an offer or solicitation to sell in any jurisdiction in which an offer, solicitation, purchase, or sale would be unlawful under the securities law of that jurisdiction. The material contained is purely for information purposes only and its accuracy cannot be guaranteed.
Not for US Persons
The provision of the information in this web site does not constitute an offer of securities to any person in the United States or to any U.S. Person as defined under the Securities Act of 1933, as amended. The information contained in this site about Fucius Capital Ltd is not directed to any person in the United States, nor to nationals, citizens or residents or even green card holders in any of those areas.
No investments or services mentioned on this website are directed at US Persons who are not Professional Clients or Eligible Counterparties as defined by the UK Financial Conduct Authority (FCA) Handbook or Qualified Purchasers as defined under the Investment Company Act of 1940. The information contained herein does not constitute a distribution, an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction in which such distribution or offer is not authorised.
- Investment Performance and Accuracy of Information
By its nature, investment in the Fucius Volatility Arbitrage Fund is only suitable for Professional Clients who do not require immediate liquidity for their investment, for whom an investment in the Fucius Volatility Arbitrage Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of the Fund.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
Whilst the information contained on the Website has been given in good faith and every effort has been made to ensure its accuracy, the Information may not be complete or accurate for your purposes. This Website and the Information is provided on an “as is” basis and Fucius Capital Ltd may not, and has no obligation to, update the Information or correct any inaccuracy which subsequently becomes apparent. The Information and/or opinions and estimates comprised in the Information may be changed or withdrawn without notice and may become outdated. You, therefore, should verify any information or other material obtained from this Website before you use it.
FUCIUS CAPITAL LTD AND ITS AFFILIATES AND, ITS RELATED BODIES CORPORATE, THE DIRECTORS OR OFFICERS OF THOSE ENTITIES, OR THEIR AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION AS TO RELIABILITY, COMPLETENESS, FITNESS FOR PURPOSE OR ACCURACY OF THE INFORMATION ON THIS WEBSITE OR ON ANY THIRD PARTY WEBSITE LINKED TO THIS WEBSITE.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM INFECTION, VIRUSES, WORMS OR ANY OTHER HARMFUL CODE WHICH MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE FULLY RESPONSIBLE FOR ENSURING PROTECTIVE STEPS TO BE TAKEN SUCH AS VIRUS CHECKING.
The Information is assembled from material prepared by Fucius Capital Ltd or its affiliates but may not include Information made known to Fucius Capital Ltd directors/officers (or agents) after the date of publication of the Information indicated on the Website. If you use the Information, you do so at your own risk. Please recognise that the previous performance of securities or other instruments does not guarantee or predict future performance.
- Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FUCIUS CAPITAL LTD, ITS AFFILIATES, OFFICERS OR AGENTS ACCEPT NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, COSTS OR EXPENSES INCURRED OR SUFFERED BY YOU OR THIRD PARTY, WHETHER IN CONTRACT OR DUE TO NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, RELIANCE ON, OR PERFORMANCE OF THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE, WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF US, OUR SERVANTS, AGENTS OR ANY OTHER PERSON.
NOTHING IN THE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY OR LIABILITY WHICH MAY AT ANY TIME BE IMPLIED BY STATUTE OR ANY OTHER APPLICABLE LAW WHERE TO DO SO IS ILLEGAL OR WOULD RENDER ANY PROVISION OF AN AGREEMENT VOID.
- Indemnity
You agree to indemnify Fucius Capital Ltd and its officers, agents, and affiliates from and against any claim brought by third parties against Fucius Capital Ltd and its officers, agents, and affiliates as a consequence of your breach of the Terms of Use. Furthermore, if your use of this Website results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.
- Intellectual Property Rights and Licence
The copyright, trademark or any other intellectual property rights in the Website and the Information are owned by or licensed to Fucius Capital Ltd. You may download or print out a hard copy of individual pages and/or sections of this Website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link to or for use for any public or commercial purpose this Website without the prior written permission of Fucius Capital Ltd. Any rights not expressly granted in the Terms of Use are reserved. Accessing this website does not permit you to distribute data where you would be required to have a license otherwise.
- Operation of the Website
You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk. Fucius Capital Ltd cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
- Privacy and Data Protection
By accessing the Fucius Capital Ltd website, personal data relating to you may be collected, processed and recorded by us in accordance with the PECR and GDPR and will comply with relevant legislative changes.. The Terms of Use and our Privacy Policy, should be read jointly before entering our website.
- Cookies
Fucius Capital Ltd may use “Cookies” to collect and access information concerning your visit to and use of the Website. “Cookies” are small pieces of information that your internet browser places on your computer’s hard drive and may be used by Fucius Capital Ltd to remember usernames and viewing preferences, track click streams on your browser and present users with personalised versions of the Website. Fucius Capital Ltd presently uses the information it collects to identify you and your settings when you return to the Website and to enhance your experience of the Website. For full details on the “Cookies” applied by Fucius Capital Ltd to your use of the website. You have the option of setting your browser to block “cookies”. Please refer to the “help” function of your internet browser for instructions. In some cases, blocking “cookies” may reduce the functionality of the Website or prevent access to it depending on your chosen internet browser options.
Where Fucius Capital Ltd processes the information it collects from your use of the Website, other than the collection and access of such information, it will be carried out in accordance with the requirements of the General Data Protection Regulations (EU) 2016/679 (‘GDPR’).
A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us.
- Governing Law
The Terms of Use are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any disputes arising under them.
- Waiver
If you breach the Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.
- Privacy Policy and Cookie Policy
Fucius Capital Ltd is committed to preserving the privacy of all visitors to its website (“Website”).
- Changes to Our Privacy Notice
Changes to the Fucius Capital Ltd privacy notice will be posted on this Website.
Contact Us:
If you have any comments, queries and requests relating to our Terms and Conditions, please contact us at:
Fucius Capital Ltd
13 Craven Street
London
WC2N 5PB
United Kingdom
Tel: +44 (0)20 7839 9742
Or email us at contact@99win.com.cn.
Updated and effective as of 1st October 2020