Disclaimer

www.aopcapital.com (“the Website”) is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons in respect of whom such prohibitions may apply must not access the Website. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. By accessing the Website, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the Website, and that you have agreed to the conditions below.

1. The Company, namely “AOP Capital Limited” (“AOP”, “the Company”) gives no warranty that information published on the Website is accurate, complete, or applicable for all persons accessing the Website. Information within the Website has been published under the best of knowledge at the time and date of publication. Nevertheless, it may occur that information published on the Website loses its validity or contains mistakes. 

2. By accessing the Website or any of its webpages, you unconditionally agree to the terms of this Disclaimer and that they may be modified and/or supplemented from time to time by the Company without prior notice to you. Please check the Website regularly for any modifications and/or supplements which may be made.

3. The Company will not have or accept any liability, obligation, or responsibility whatsoever for any loss, destruction, or damage (including without limitation consequential loss, destruction, or damage) however arising from or in respect of any use or misuse of or reliance on the Bureaux / Departments’ electronic service delivered through the Website.

4. The Website may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the Website may provide or assist in providing links to external websites through its webpages. The Company states that it has not approved or endorsed the materials contributed by third parties on the Website or any external websites linked to the Website. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with the Company of any such third parties or external websites. Provision of, or assistance in providing materials contributed by third parties on the Website or links to external websites gives rise to no statement, representation, or warranty, express or implied, that the Company agrees or does not disagree with the contents of any such materials or external websites and the Company will not have or accept any liability, obligation, or responsibility whatsoever for any loss, destruction, or damage (including without limitation consequential loss, destruction, or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via the Website or inability to use any of them.

5. The Company is not responsible for any loss or damage whatsoever arising out of or in connection with any information on the Website. The Company reserves the right to omit, suspend or edit all information compiled by the Company on the Website at any time in its sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on the Website and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.

6. Neither employees, nor directors, business partners, or the Company itself assume any liabilities in respect of any non-conformance on the Website. Information on the Website can change without warning although the Company has no intention to update the Website and its information regularly.

7. Loss or damage of any kind, including direct, indirect, or consequential damages, which may be incurred through the use of or access to the Website, or any links to third-party websites and content provided by hyperlinks on the Website, is expressly disclaimed.

8. In addition, loss or damage of any kind relating to or arising from any tampering with the reader’s computer system(s) by unauthorized parties and from any computer virus, is expressly disclaimed.

9. All information contained within the Website is strictly for information purpose only and should not be considered as professional advice, as an offer, as a solicitation, or replacement for a personal consultancy. Persons accessing the Website should be aware that the Company takes on no responsibility for country specific restrictions, legal environments, or regulations respective to the published information on the Website. The application of local regulation and laws are part of the duties of every visitor themselves. By accessing the Website every visitor agrees that they have checked the Website in its totality inclusive of the regulatory and legal aspects. 

​10. Any discretionary service involves risks. Before making any investment decision to invest in any available discretionary mandates, the Professional Investor should read the relevant offering documents and in particular the service agreement, general business conditions of the Company, and the risk factors. Professional Investors should ensure they fully understand the risks associated with the discretionary services and should also consider their own investment objective and risk tolerance level. If in any doubt, please seek external independent legal, compliance, or other professional advice.

11. The Company will issue invoices for provided services or disbursements incurred by the Company at regular intervals whilst acting for its clients. All invoices are payable on receipt. If payment in full is not received by the Company within 30 days of the date of the invoice, then the Company reserves the right to cease providing services to its clients until payment is made in full and also to charge interest on all outstanding sums at two per cent above the Hong Kong Dollar best lending rate of the Hong Kong and Shanghai Banking Corporation Limited. Additional workload and third party related working efforts in connection with unsettled or outstanding payment(s) will be charged on a time-spent-basis.

​12. The content and materials displayed on the Website are the sole property of the Company. You agree not to copy or reproduce information on the Website for any commercial use.

13. The Company is authorised to record telephone conversations with any third party or custodian bank partner due to the record keeping rules and in accordance with the SFC Type 4 & 9 licenses and the conducted regulated activities.

By accessing the Website or any of its webpages, you unconditionally agree to the terms of this Disclaimer and that they may be modified and/or supplemented from time to time by the Company without prior notice to you. Please check the Website regularly for any modifications and/or supplements which may be made.

Disclaimer

Please read these terms and conditions and privacy policy carefully. By accessing the website of AOP Capital Limited, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this website. When you have read the following information, please select ‘I confirm’ to acknowledge that you have read and understood the information and if you can confirm that you are a professional investor (as defined in the Securities and Futures Ordinance Cap. 571 of Hong Kong) and not a U.S. resident.

A. Terms and Conditions

Introduction

The content of this website has been prepared by AOP Capital Limited (“AOP Capital”) on the basis of information and sources believed to be reliable. Under no circumstances should any part of this website be construed as an offering or solicitation of an offer, and any investment in the products of this site should only be made on the basis of an Offering Memorandum or Prospectus. AOP Capital is authorised and regulated by the Securities and Futures Commission (“SFC”) with CE number BJO454 for the Regulated Activities of Advising on Securities and Asset Management. AOP Capital is a company registered in Hong Kong (CR number 2439827) with its office at Unit A, 5/F, Winning Centre, 46-48 Wyndham Street, Central, Hong Kong.

Terms

  1. Terms and conditions of use – Important Legal Notice: The following terms and conditions of use (“Terms”) apply to your access to and use of AOP Capital’s website (“website” or “site”). Every time you access or use the website you agree to comply with and be bound by the Terms and acknowledge that we may rely upon your agreement. Please read the following Terms carefully and if you do not accept any terms or conditions, please do not access, or use this website.
  2. Note for US persons: The provision of the information in this website does not constitute an offer of securities to any person in the United States or to any US Person as such term is defined under the Securities Act of 1933, as amended. The information contained in this site about AOP Capital and/or any of its affiliates is not directed to any person in the United States. Service offerings referred to herein are neither registered under the Securities Act 1933 of the USA, nor are they registered under the Investment Company Act of 1940. Consequently, they cannot be offered for sale or be sold in the USA, its territories, possessions, or protectorates under its jurisdiction, nor to nationals, citizens, or residents in any of those areas. No investments or services mentioned on this website are directed at US Persons who are not Professional Investors (“Professional Investor”) as defined in Paragraph 16 below. 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.
  3. Hong Kong investors: This website is intended solely for the Professional Investors as defined in the Securities and Futures Ordinance Cap. 571 of the Laws of Hong Kong. The investment products described in this website have not been and will not be authorised by the SFC.
  4. Information on AOP Capital website: Except where stated otherwise, the information, content and services on this website (“Information”) are provided by AOP Capital (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: (a) 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; (b) an invitation or inducement to engage in investment activity or a financial promotion of any kind; or (c) investment recommendation or advice. References in this site to specific securities should not be taken as a recommendation to buy or sell those securities but are included for the purposes of illustration and/or information only.
  5. Website – permitted users: The laws and regulations of the country from which you access this website may include restrictions on the distribution of the Information. This site 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 site or any part of its contents would be contrary to applicable law or regulation or would subject AOP Capital or 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 site. 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 site. The Information displayed on this website contains material that may be interpreted by the relevant authorities in the country where you are viewing this site 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 site, 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 your country’s law or in the country in which you are viewing this website before accessing this site. You may not use any part of the material or Information on this site to establish, maintain or provide or assist in establishing, maintaining or providing a stock market for trading in securities. This site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you. You should satisfy yourself before accessing the site that we would be allowed to advertise investments and investment services to you under the laws and regulations of your jurisdiction. For the avoidance of doubt, this document is NOT intended for distribution to or use by citizens or residents of the USA. No investment may be offered or sold to citizens or residents of the USA nor in any other country, state or jurisdiction where it would be unlawful to offer, solicit an offer or sell such investments. This restriction also applies to residents of the USA who may view or access this site whilst travelling or living outside of their normal jurisdiction. In order to access this website, you must first confirm that you are a Professional Investor. AOP Capital reserves the right to terminate or suspend your access to all or any part of the site, without notice, if AOP CAPITAL, in its sole discretion, believes that your continued use of the site or any of its content is in violation of any applicable law or is harmful to the interests of AOP Capital or any of its affiliates, subsidiaries or other representatives.
  6. Accuracy of information and investment performance: Whilst the information contained on the site 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 site and the Information are provided on an “as is” basis and we may not, and have 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 should verify any information or other material obtained from this site before you use it. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. AOP CAPITAL, ITS RELATED BODIES CORPORATE, ITS DIRECTORS OR OFFICERS 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, AOP CAPITAL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE (OR THE SERVERS THAT MAKE THE AOP CAPITAL SITE AVAILABLE) WILL BE ERROR FREE, UNINTERRUPTED 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 ARE TAKEN SUCH AS VIRUS CHECKING. The Information is assembled from material prepared by AOP Capital or its agents but may not include Information made known to AOP Capital officers subsequent to the date of publication of the Information indicated on the site. 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.
  7. Exclusion of liability: TO THE FULLEST EXTENT PERMITTED BY LAW, AOP CAPITAL ACCEPTS 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 ANY 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 ARAL. 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. No liability is accepted for any loss, either direct or indirect, incidental, or consequential, arising out of the information on this site not being true and accurate, except to the extent caused by the wilful default or gross negligence of AOP Capital or to the extent that such liability arises under the Securities and Futures Ordinance (Cap. 571) of Hong Kong (“SFO”). Please note that AOP Capital may update or alter the information on the site at any time without giving notice of the alterations.
  8. Third-party websites: AOP Capital may provide, on our website, links to websites operated by third-parties as a convenience to you. If you use these other sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AOP Capital makes no representations, warranties, or guarantees of any kind about any of the content of any other website which you may access by hypertext link through this site. When you access any other website by means of a link from this site, you should understand that your access to that other website is independent of AOP Capital and we have no control over the content of the website, nor do we in any way endorse or approve the content of that website. In no event will we in any way be liable to you or any other person(s) or organisation(s) for loss or damage (whether direct, indirect, consequential, special, or other) for any use of any site linked to it by means of hypertext or otherwise.
  9. Indemnity: You agree to indemnify AOP Capital and its officers, directors, and affiliates from and against any claim brought by third parties against any of them as a consequence of your breach of the Terms. 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.
  10. Intellectual property rights and license: Any information accessed via this site is confidential and is protected under copyright law. The copyright, trademark or any other intellectual property rights on the website and the Information are owned by or licensed to AOP Capital. Any downloading or other copying from this site 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 use for any public or commercial purpose this site without the prior written permission of AOP Capital. Any rights not expressly granted in the Terms are reserved.
  11. 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 site, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
  12. Privacy: Any personal data relating to you will be collected, used, and recorded by us in accordance with current data protection legislation, the Terms and our Privacy Policy below. You must read our Privacy Policy as it forms part of the Terms.
  13. Governing law: This site is hosted in Hong Kong SAR and compiled in order to comply with the laws of Hong Kong SAR. All visits to and the contents of this site are subject to and governed by the laws of Hong Kong SAR. If any dispute arises from your use of this site or any of the information on it, you agree to submit to the non-exclusive jurisdiction of the Hong Kong SAR courts. The Terms are governed by the laws of Hong Kong SAR.
  14. Waiver: If you breach the Terms 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.
  15. Our details: This website is owned and operated by AOP Capital Limited, with its office at Unit A, 5/F, Winning Centre, 46-48 Wyndham Street, Central, Hong Kong

B. Privacy Policy

Please read the following privacy policy to understand how it uses and protects the information you provide. BY ACCESSING THIS WEBSITE, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR INFORMATION UNDER THE TERMS OF THIS PRIVACY POLICY AND THE TERMS OF USE OF THIS WEBSITE. The information which you provide to AOP Capital Limited (“AOP Capital”) or any of the third-party product or service providers of this website is collected to enable AOP Capital and these third parties to carry on their respective businesses and may be used for any of the following purposes:

  1. Establishing and serving you as a client of AOP Capital, the third-party product or service providers of this website and their respective affiliates or business partners;
  2. Determining whether any products or services of AOP Capital, the third-party product or service providers of this website or their respective affiliates or business partners are suitable for you and to offer any such services or products to you;
  3. For any lawful purposes relating to the business and operational activities of AOP Capital, the third-party service or product providers of this website or their respective affiliates or business partners;
  4. Identity verification and records; and
  5. For any other purpose required or permitted by law.

It is the corporate policy of AOP Capital to achieve full compliance with the obligations and requirements of the Personal Data (Privacy) Ordinance (the “Ordinance”). It is common for organizations to collect personally identifiable information in order to conduct business and offer services. For the purposes of providing, you with any financial related information, product or service, and for the maintenance of this website, AOP Capital as well as third party product and service providers on this website may ask you to provide information such as your name, age, address, telephone number, information for identity verification including passport or identification numbers and a variety of other information for billing. The provision of data is on a voluntary basis; however, if you do not provide sufficient information, AOP Capital may not be able to provide you with the information, product, or service that you have requested. All personally identifiable information sent to or through this website will be kept confidential and will not be disclosed to the public, but information provided to third party product or service providers in accordance with AOP Capital’s Personal Information Collection Statement will be routed directly to those product or service providers. AOP Capital will not, in any circumstance, be responsible for information given by you to these third-party product or service providers. Further, AOP Capital may pass your personal information to its affiliates in order to provide the relevant service to you. Under the terms of the Ordinance, individuals have the right to check whether AOP Capital holds any information relating to them and if so, to obtain copies of such information, require AOP Capital to correct any inaccurate information relating to them and ascertain AOP Capital’s policies and practices in relation to personal information. To personalize your experience with the AOP Capital website and to enhance security within the website, AOP Capital may assign your computer a “cookie”. Cookies enhance the performance of the website by providing a secure way for AOP Capital to verify your identity and to make your visit to the website more convenient for you. By using this website and providing information to third parties offering products or services on this website, you signify your agreement with the AOP Capital Privacy Policy. AOP Capital reserves the right, at its discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this website following changes to these terms from time to time constitutes your acceptance of those changes. You have the right to obtain access to and to request correction of any personal information concerning yourself held by AOP Capital. If you wish to access or correct such data, and if you have any queries about our privacy policy and practices, please contact AOP Capital at info@aopcapital.com.

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