Please take some time to read the
disclaimer below.
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