TERMS AND CONDITIONS
The content of this website has been prepared by Rockpool Capital Limited (“Rockpool”) 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. Rockpool is authorised and regulated by the Securities and Futures Commission (“SFC”) with CE number BMI329 for the Regulated Activities of Dealing in Securities, Advising on Securities and Asset Management. Rockpool is a company registered in Hong Kong (number 1964514) with its office at 6A, Hip Shing Hong Centre, 55 Des Voeux Road Central, Hong Kong.
- Terms and conditions of use – Important Legal Notice: The following terms and conditions of use (“Terms”) apply to your access to and use of Rockpool’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.
- Not 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 Rockpool 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.
- 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.
- Information on Rockpool website: Except where stated otherwise, the information, content and services on this website (“Information”) are provided by Rockpool (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.
- 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 Rockpool 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. Rockpool reserves the right to terminate or suspend your access to all or any part of the site, without notice, if ROCKPOOL, 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 Rockpool or any of its affiliates, subsidiaries or other representatives.
- 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 is 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 site contains material about the past performance of ROCKPOOL service offerings. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. ROCKPOOL, 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, ROCKPOOL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE (OR THE SERVERS THAT MAKE THE ROCKPOOL 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 Rockpool or its agents but may not include Information made known to Rockpool 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.
- Third party websites: Rockpool 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. Rockpool 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 Rockpool 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.
- Indemnity: You agree to indemnify Rockpool and its officers 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.
- 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 in the website and the Information are owned by or licensed to Rockpool. 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 Rockpool. Any rights not expressly granted in the Terms are reserved.
- 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.
- 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.
- 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.
- Our details: This website is owned and operated by Rockpool Capital Limited, with its office at 6A, Hip Shing Hong Centre, 55 Des Voeux Road Central, Hong Kong.