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www.ttint.com (this "Website") and the information made available through it are directed only at persons who are professional clients or eligible counterparties for the purposes of the rules and guidance of the Financial Conduct Authority of the United Kingdom (the "FCA Rules"), and at other persons to whom the Website and such information may lawfully be communicated in the relevant jurisdiction. The Website is not directed at, and must not be accessed, relied upon or acted upon by, retail clients or any other person to whom its contents may not lawfully be communicated. If you are in any doubt about your status or whether you may lawfully access the Website, you must not proceed and should obtain independent professional advice. Definitions of ‘professional client’ and ‘eligible counterparty’ can be found in the Glossary of the FCA Rules which can be accessed here: www.fca.org.uk
Please read the Terms & Conditions of Use below carefully. These set out the terms and conditions for accessing this Website.
By clicking “Accept”, you confirm that you have read and understood these Terms & Conditions of Use and agree to be legally bound by them. If you access the Website on behalf of an organisation, you also confirm that you have authority to bind that organisation. By clicking “Accept”, you:
1. confirm that you are permitted to access this Website because you are a professional client or an eligible counterparty for the purposes of the FCA Rules;
2. acknowledge expressly that you have read and understood the Terms & Conditions of Use and agree to abide by them; and
3. confirm that you are accessing this Website in compliance with all laws and regulations applicable to you and, where applicable, the organisation on whose behalf you are acting; and
4. confirm that the information you provide to TT in connection with access to the Website is accurate, complete and not misleading.
If you do not accept these Terms & Conditions of Use and/or you are a retail client for the purposes of the FCA Rules, you are not permitted to access this Website.
TERMS & CONDITIONS OF USE
In these Terms & Conditions of Use (these “Terms”), references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this Website.
1. About TT International
This Website is operated by TT International Asset Management Ltd ( "TT") and the information on this Website is issued by TT both inside and outside the United Kingdom. TT International Asset Management Ltd is a private limited company and having its head office at 62 Threadneedle Street, London EC2R 8HP. TT International Asset Management Ltd is authorised and regulated by the Financial Conduct Authority of the United Kingdom (the “FCA”) and appears on the FCA Register with firm reference number 915787. Additionally, TT International Asset Management Ltd is registered as an Investment Adviser with the U.S. Securities and Exchange Commission (SEC). TT International (Hong Kong) Limited, which is a direct subsidiary of TT International Asset Management Ltd, is licensed by the Hong Kong Securities and Futures Commission (SFC) to provide services to "professional investors" defined in the Securities and Futures Ordinance and its subsidiary legislation.
2. Investment Information
The distribution of the information contained on this Website in certain jurisdictions may be restricted by law and persons who access it are required to inform themselves of, and to comply with, any such restrictions.
This Website, and the information contained on it, is directed only at persons in any jurisdiction or country where such access to, and use of, the information contained on this Website is not contrary to local law or regulation. The investment strategies or investment funds (“Funds”) referred to on this Website are not available, and prospectuses and other offering materials in respect of them will not be distributed, to any person resident in the territory of any jurisdiction where such distribution would be contrary to local law or regulation.
The information on this Website does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors in the Funds should inform themselves as to applicable legal and regulatory requirements (including in relation to exchange controls and taxation) in the countries of their citizenship, residence or domicile. TT and its directors disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation of the jurisdiction or country of which you are a citizen or in which you are residing or domiciled.
The terms of any investment in a Fund are governed exclusively by that Fund’s then-current constitutional, offering and subscription documents and any applicable key information document (together, the “Offering Documents”). If information on this Website is inconsistent with the Offering Documents, the Offering Documents prevail. No application for shares or interests in a Fund should be made except on the basis of, and after reviewing in full, the applicable Offering Documents. Prospective investors should obtain independent legal, tax and investment advice before investing.
Information available on this Website may constitute a financial promotion for the purposes of the FCA Rules.
3. Accuracy of Information
The information contained on this Website (including any opinion, estimate or forecast) has been obtained from, or is based on, sources that TT believes to be reliable. However, except to the extent required by applicable law or regulation, TT gives no representation, warranty or undertaking that such information is accurate, complete, current or suitable for any particular purpose. Any person who acts, or refrains from acting, in reliance on it does so at their own risk.
Opinions expressed represent the opinions of TT at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), and are subject to change.
Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you. All information contained on this Website may be changed or amended without prior notice.
4. Material Interests
TT, its directors and/or its employees may have holdings in the Funds and may otherwise be interested in transactions that you effect in those Funds.
5. No Advice
This Website is published solely for informational purposes on the basis that you make your own investment decisions. This Website has no regard to the specific investment objectives, financial situation or particular needs of any person.
Nothing on this Website constitutes or should be construed as investment, legal, tax, accounting or other professional advice, a personal recommendation, or an invitation or inducement to engage in investment activity except where expressly stated in applicable Offering Documents. TT does not undertake any fiduciary or advisory duty to you merely because you access or use the Website.
Potential investors in the Funds should seek their own independent financial advice. TT neither provides investment advice to, nor receives and transmits orders from, investors in the Funds nor does it carry on any other activities with or for such investors that constitute "MiFID or equivalent third country business" for the purposes of the FCA Rules.
6. Risk Factors
Investment in the Funds and other investments referred to on this Website involves risk. The value of investments and the income deriving from them may go down as well as up. You may not get back the original amount invested and may lose all of your investment.
Past performance is not a reliable indicator of future results.
To the extent that this Website contains any indications as to future performance, such forecasts are not a reliable indicator of future performance.
Exchange rates may cause the value of overseas investments and the income deriving from them to rise and fall. Tax assumptions may change if the law changes and the tax treatment applicable to you will depend on your individual circumstances and may be subject to change in the future. You should consult your own tax adviser in order to understand the tax consequences of an investment in a Fund.
The risk factors set out above are not complete and you must refer to the relevant offering documents with respect to the risks attaching to investment in individual Funds.
7. UCITS Funds
The UCITS Funds may be registered or otherwise approved for distribution to the public in one or more European jurisdictions. The fact of such a registration or approval, however, does not mean that any regulator has determined that such UCITS Fund is suitable for all investors. Investors should continue to consider the terms of investment in any such UCITS Fund carefully and seek professional investment advice before taking any decision to invest in a UCITS Fund.
Where this Website refers to a UCITS Fund, it will provide details of where, and in which languages, the current prospectus and applicable key information document or other mandatory pre-contractual disclosure may be obtained or accessed. Those documents should be reviewed before any investment decision is made.
The distribution of shares of a UCITS Fund in Switzerland will be exclusively made to, and directed at, qualified investors (the "Qualified Investors"), as defined in the Swiss Collective Investment Schemes Act of 23 June 2006, as amended ("CISA") and its implementing ordinance.
8. US Persons
The Funds are not offered or sold to the public in the United States.
TT will provide access to the Private Area to “U.S. persons”, as defined in Regulation S under the U.S. Securities Act of 1933, as amended, only if permitted to do so under U.S. federal and state securities laws.
TT will provide access to the Private Area to persons who do not qualify as “Non-United States persons” under Rule 4.7 of the U.S. Commodity Futures Trading Commission only where access is permitted under applicable U.S. commodities laws and regulations.
In order to obtain access to the Private Area, “U.S. persons” and persons that are not “Non-United States persons”, each as so defined, will be required to provide TT with written assurances for purposes of compliance with U.S. law. For additional information, please contact TT according to the procedure specified in Clause 17 of these Terms.
9. Your Use of this Website
You must NOT use this Website (or permit or procure others to use it) as follows:
9.1 if you are a retail client for the purposes of the FCA Rules and/or it is otherwise unlawful for you to access the information on this Website;
9.2 for any unlawful, improper or illegal purpose or activity;
9.3 to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
9.4 in a manner intended to threaten, harass, or intimidate;
9.5 to violate TT’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
9.6 to impersonate any of TT’s directors, employees or other person or use a false name while using this Website or implying an association with TT;
9.7 to penetrate TT’s security measures or other entities' systems ("hacking");
9.8 to generate excessive amounts of internet traffic, to interfere with TT’s network or other’s use of this Website or to engage in activities designed to or having the effect of degrading or denying service to users of this Website or others; and/or
9.9 to introduce viruses, worms, malicious code or other harmful material into this Website or any other person’s systems; and/or
9.10 to use any robot, spider, scraper, automated process, data-mining technique or artificial intelligence system to access, copy, extract, index, reproduce, train on or otherwise exploit any part of this Website or its contents, except with TT’s prior written consent or to the extent such restriction is prohibited by applicable law.
When using this Website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on this Website in certain countries and TT, its employees, associates and affiliates disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.
10. Termination and Suspension of Access to this Website
TT reserves the right to deny you access to this Website, or immediately to suspend or terminate your access to this Website, or to disable any username or password (whether chosen by you or allocated by us) at any time if your use of this Website (in the sole discretion of TT) in any manner breaches these Terms or for any other reason.
11. Intellectual Property Rights
The contents of this Website are protected by copyright, trade mark and other intellectual property laws, and all rights are reserved. Subject to these Terms, TT grants you a limited, revocable, non-exclusive and non-transferable right to access the Website and to download or print reasonable extracts solely for your own internal business use, provided that you retain all copyright and proprietary notices. You must not reproduce, distribute, modify, create derivative works from, frame, mirror, republish, transmit, commercially exploit or systematically extract any part of the Website without TT’s prior written consent, except to the extent permitted by applicable law. No licence or other right is granted in any trade mark or other intellectual property of TT or any third party.
12. Linked Websites
This Website may be linked to third party websites or contain information provided by third parties. Neither TT nor its directors or employees make any representation as to the accuracy or completeness of such websites or information. TT has not and will not review or update such websites or information and cautions you that any use made of such websites or information is at your own risk. TT and its directors and employees do not accept any liability arising out of the information contained on any linked website or information on this Website provided by a third party and the use of such sites and information is at your own risk.
13. Liability for Use of this Website
Access to this Website is permitted on a temporary basis and TT reserves the right to withdraw or amend the service provided on this Website without notice. TT and its directors and employees do not accept any liability if, for any reason, this Website is unavailable at any time or for any period.
To the fullest extent permitted by applicable law, TT and its affiliates, and their respective directors, officers and employees, exclude liability arising from or in connection with access to or use of, or inability to access or use, this Website or any linked website. In particular, they will not be liable for any indirect or consequential loss, or for any loss of profit, revenue, business, opportunity, goodwill, anticipated savings, data or systems, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if the possibility of such loss was foreseeable. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
The information, except as otherwise stated, on this Website has been prepared, approved and issued by TT and the information and opinions contained on this Website have been compiled, or arrived at, in good faith and on the basis of publicly available information, internally developed data and sources believed to be reliable as at the date of publication. However, to the extent permitted by law, TT, its directors, employees, associates and affiliates hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with this Website or in reliance on the information or opinions contained on it, or in connection with the use, inability to use, or results of the use of this Website or any websites linked to it or materials posted on it. This does not affect the liability of any person for any loss or damage which cannot be excluded or limited under applicable law.
The internet is not a completely reliable transmission medium and neither TT, its directors, employees or any of its affiliates or associates accepts any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from TT or any of its associates or affiliates. Any such transmission of information is entirely at your own risk.
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, any duty or liability owed under the UK regulatory system (as defined in the FCA Rules), any liability arising under applicable U.S. federal or state securities laws, or any other liability that cannot lawfully be excluded or limited.
14. Cookies
This Website uses cookies and similar technologies. Some are strictly necessary for the Website to operate, including to record that you have completed the access-gating process. Other cookies may be used to understand how visitors use the Website, compile statistical reports on Website activity, remember user settings and support Website functionality. Cookies and related identifiers may constitute personal data. The Website does not currently provide an on-site facility for managing cookie preferences. You can block or delete cookies through your browser settings, although doing so may affect the operation of the Website and browser controls may not prevent all similar technologies. Where applicable law requires consent before a cookie or similar technology is used, the absence of an on-site consent facility does not remove that requirement. To find out more about cookies including how to control and delete them visit www.aboutcookies.org.
15. Data Protection and Privacy
TT may collect and process personal data about you, including identification and contact details, professional or eligibility information, Website usage data and information submitted in connection with access to the Private Area. TT processes personal data for the purposes, on the lawful bases and for the retention periods described in its applicable Privacy Notice, including to administer and secure the Website, assess access eligibility, comply with legal and regulatory obligations and pursue legitimate business interests.
TT may share personal data with its affiliates and service providers and may transfer it internationally, in each case as described in the applicable Privacy Notice and subject to any safeguards required by applicable data protection law. The Privacy Notice also explains your data protection rights and how to contact TT about its processing of personal data. For more information, please see the relevant Privacy Notice found here.
16. Law and Variation
This Website is established in England by TT in accordance with, and these Terms and any non-contractual obligations arising from or connected with them shall be governed by, English law and these Terms shall be construed in accordance with English law. A condition of using this Website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
TT may revise these Terms at any time and the current version of these Terms may be viewed at any time through this Website, please see the Legal Notice. You are expected to review these Terms from time to time to take notice of any changes TT makes, as they are binding on you. If any provision of these Terms is held by any court or competent authority to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdictions shall not be affected.
Each time you use this Website, a condition of use is that you comply with these Terms.
17. Contact Us
You can contact TT at: T: +44 20 7509 1000, F: +44 20 7509 1289, or by email to info@ttint.com.
TT International Asset Management Ltd
62 Threadneedle Street, London, EC2R 8HP, England
© 2020 TT International
Authorised and regulated in the UK by the Financial Conduct Authority