1. Important Information and Agreement to the Terms of Use

The following paragraphs provide information on some of the laws and regulations applicable to this website, which is issued by Avenue International (Cook Islands) Limited (“Avenue CI”), a licensed trust company governed by the Trustee Companies Act 2014 and regulated by the Cook Islands Financial Supervisory Commission (“FSC”). These terms are supplementary to all other agreements between you and Avenue CI. These agreements may include customer or application agreements, as well as any other arrangements that govern your use of Avenue CI's plans, services, content, software tools, and data available on this website.

Please read it carefully before proceeding. By accessing this website and any pages thereof, you are presumed to have read and accepted the Terms of Use set out below and on the relevant pages of this website and agree to be bound by such terms.

Please note that your use of this website is governed by the version of the Terms of Use in effect on the date this website is accessed by you. While the information presented on this website is current as of its publication date, we reserve the right to modify the website and the Terms of Use without prior notice. In the event of any amendments to the Terms of Use, your continued use of the website will be considered as your agreement to the revised version. If you do not agree to such terms, do not access this website, or any pages thereof.

2. Additional Terms for Specific Sections

Please be aware that specific sections or pages on this website may encompass additional terms and conditions that are independent of the Terms of Use of this website. Should any conflict arise, the supplementary terms and conditions will take precedence for the respective sections or pages.

3. Usage Eligibility

3.1 Eligible Users

this website is intended for individuals in any jurisdiction where the publication or availability of this website is not restricted due to their nationality, residence, or any other criteria. It is the responsibility of any users accessing the information provided herein to comply with all applicable laws and regulations in their relevant jurisdictions. By proceeding, you confirm and assure that the laws and regulations of your jurisdiction permit you to access the information. Individuals who may be subject to any restrictions or are uncertain about their status must refrain from accessing this website.

3.2 Investment Information Disclaimer

Users of this website are advised to take note of the points mentioned below as they pertain to the information provided on this website.

  1. The information presented on this website is not intended to be construed as a distribution, an offer to sell, or a solicitation of an offer to buy any securities in any jurisdiction.
  2. The details provided herein are not meant for distribution, and they do not constitute an offer to sell or the solicitation of any offer to purchase securities in the United States of America. It applies to all United States persons, including residents of the United States and partnerships/corporations organised under its laws.
  3. The information contained on this website should not be interpreted as investment advice. Investments in the funds mentioned on this website may not be suitable for all clients. If you are uncertain about any details presented here, please seek guidance from your stockbroker, lawyer, accountant, bank manager, or other professional adviser.
  4. The results generated by any tools available on this website, providing general investment or financial analyses based on your personalised input, should not be considered as our provision of investment recommendations or advice. Unless expressly agreed upon in writing by Avenue CI, the responsibility for decisions based on your financial objectives and personal situation lies solely with you.

3.3 Responsibility to Safeguard Your Access Information

Avenue CI may provide you with a client number, personal number, or any other number to access to the dealing facilities on this website or use other services.

You are responsible for safeguarding your client number, personal number, and any other number used to access parts of the website or Dealing Facility. We assume that anyone using these credentials is authorized to act on your behalf. You are accountable for all activities under your account due to your actions, inaction, or negligence. If you disclose your credentials to others, you accept the risks and losses associated with it. If you let others use your credentials to access your accounts, you are responsible for their actions and any use of your personal information. In case of unauthorized use or security breach, notify us immediately.

3.4 Password Protected Areas

When accessing any password protected and/or secure areas, including any Trade Documentation related to utilised dealing facilities, you must acknowledge and accept the following:

  1. Utilising such services to access Trade Documentation may incur additional charges.
  2. We may notify you solely through electronic means regarding your dealing activities and the availability of Trade Documentation, and it is your responsibility to regularly check your designated electronic mailbox for such notices.
  3. You are accountable for notifying us if you decide to discontinue utilising access to password protected and/or secure areas or if you no longer wish to receive electronic access to your Trade Documentation.
  4. If your Trade Documentation is no longer available for electronic access, requesting hard copies may result in additional charges.

3.5 Prohibited Uses

All servers have limited capacity and are shared by multiple users. Therefore, you are strictly prohibited from utilising the website in any manner that could potentially cause damage to or excessively burden any Avenue CI server, or any network connected to any Avenue CI server. Furthermore, you must refrain from engaging in any activity that might interfere with the proper and uninterrupted use of the website by any other party.

4. User Obligations and Liabilities for IT Equipment and Services

4.1 IT Equipment and Services

It is your sole responsibility to obtain, install, maintain, and operate all required software, hardware, or equipment for accessing and using this website, particularly the password-protected and/or secure areas. Your obligations are outlined as follows, but the list should not be taken as exhaustive:

  1. Using current web browsers and employing the most advanced commercially available encryption, antivirus, anti-spyware, and internet security software.
  2. Obtaining Internet services and covering all fees for using such services.
  3. Acknowledging and assuming the risks, including but not limited to those disclosed in our materials, associated with using open networks like the Internet and electronic communication, such as security, corruption, transmission error, and access availability risks.
  4. Acknowledging your responsibility for the data security and proper functioning of the software, hardware, or equipment used to access, transmit information to and receive information from this website.
  5. Acknowledging that you request website access for convenience, with your independent assessment of the adequacy of the internet services, software, hardware, and equipment, and that you are satisfied with the evaluation. Avenue CI is not liable for any errors or issues resulting from their malfunction or failure, nor are we responsible for notifying you of any upgrades, fixes, or enhancements, or providing any support regarding the connectivity and technical issues.
  6. Noting that while we may provide a link to a third-party site where you may download software, we do not endorse any specific software, hardware, or Internet Service Provider. Your use of any such software, hardware, or service may also be subject to the license or other agreements of that provider, in addition to these Terms of Use.

4.2 Website Access and Browser Recommendation

For optimal viewing, we recommend using the latest version of Chrome, Microsoft Edge or Safari to access this website. While alternative means of access are permitted, please be mindful that the website's appearance may not be fully accurate through these methods, and such usage is at your own risk. You are solely responsible for configuring your browser's cache settings to ensure the most current data is received.

4.3 Limitation of Liability on Technical Issues

Avenue CI, its affiliates, and their respective directors, officers, employees, or agents shall not be liable for:

  1. Any event of Force Majeure, virus, or other harmful components affecting the website or any operating server.
  2. Data or communication interception due to the public nature of the internet.
  3. Problems or technical malfunctions in telephone networks, computer online systems, servers, or providers.
  4. Computer equipment failures or software malfunctions.
  5. Email delivery issues, technical problems, traffic congestion on the internet, over the telephone lines or on any websites, or any combination of such events.
  6. Any loss of opportunities or profit arising from time delays, problems or incompatibility issues of the computer hardware, software, the internet, or the system and the installation or maintenance thereof, failure or unavailability of internet access, access to or use of Avenue CI’s website, system disruptions, interruptions, transmission blackouts, problematic or delayed transmissions, incorrect data transmissions, other connection problems, bugs, errors, or any other problems you experience due to causes beyond our control.
  7. Any loss, damage (direct, indirect, special, incidental, exemplary, or consequential), injury, rights, claims, and actions resulting from website access or material downloads from Avenue CI's or any third-party website, including but not limited to personal injuries, death, and damages of computers, electronic devices or other properties.

5. Content and Downloading Disclaimers

5.1 Contents from the Website of Avenue CI

The following disclaimers concern the content and downloading process on our website. These terms and conditions govern your usage, access to information, and file downloads. It is essential to understand the accuracy of the information, potential risks, and your responsibilities when utilising the website and its features.

  1. The information presented on the website is believed to be accurate by Avenue CI as of the publication date. However, no warranties are made regarding its accuracy, suitability, usefulness, reliability, or completeness. Avenue CI, its affiliates, directors, and employees do not accept liability for any errors or omissions (including any third-party liability) in the information provided. The use of this website, dealing facilities, CIN, PIN, and the delivery of information or documents by Avenue CI or its agents through this website, other dealing facilities, electronic mail, and other modes of delivery is solely at your own risk. Avenue CI does not warrant that the content of this website or the delivery of information or documents will be error-free or that the website or its servers are free of computer viruses or harmful components.
  2. Avenue CI takes reasonable precautions to ensure website content, including account information and pricing data, is complete and accurate. However, due to the nature of information delivery technology and reliance on multiple data sources, including third-party content, we cannot guarantee the accuracy of data accessed through this website. The content is presented only as of the date published or indicated and may be superseded due to subsequent market events or other reasons. Avenue CI is not liable for any damages resulting from actions or decisions based on the accuracy (or otherwise) of the data presented on the website.
  3. Avenue CI or its affiliates and their directors and employees may or may not have a position in or concerning the securities mentioned herein.
  4. Avenue CI does not warrant that any downloads from this website will meet your needs or expectations, be uninterrupted, secure or error- free, or that any files available for downloading through this website are free of computer viruses or other harmful components. You are responsible for ensuring adequate protection and backup of data, software, computer and other equipment is made and appropriate safeguard is in place to detect, prevent and eliminate computer viruses and other harmful effects.
  5. Avenue CI or its affiliates will not be responsible for any costs or expenses incurred if your use of this website or the delivery or downloads results in any servicing or replacement of property, material, equipment, or data.

5.2 Copyright, Trademark, and Intellectual Property Notice

The information contained herein, including copyright, trademark, logo, patent, and other intellectual property rights, is the sole property of Avenue CI or its affiliates. No rights of any kind are licensed, assigned, or transferred to individuals accessing this information. Unauthorised copying, reproduction, or redistribution of any part of this information is strictly prohibited without Avenue CI's express written consent.

The content available on the website or accessible through any other dealing facilities is protected by copyright and other potential intellectual property rights ("IPRs"). Users, including applicants, are expressly prohibited from engaging in activities such as selling, modifying, copying, reproducing, distributing, displaying, or publishing any such content without proper ownership or licensing. Furthermore, users must refrain from infringing upon the IPRs of any other individuals while utilising the website, any other dealing facilities, or any such content.

The website or any other dealing facilities may contain user content posted or submitted by users, including yourself. Avenue CI retains the unrestricted right to access and examine any user content. At its absolute discretion, the company may choose to remove or disable access to such content. When you submit user content, you grant Avenue CI an enduring, irreversible, and royalty-free license. This license permits the company to utilise, reproduce, modify, adapt, publish, translate, incorporate into other works, distribute, and display the information, whether in whole or in part.

5.3 Third-party Contents, Sites, Referrals, Hyperlinks

To provide educational information and convenience, this website may offer referral information, third-party content, or live links to regulatory agencies, non-profit organisations, or other unaffiliated third parties and their websites, including companies associated with Avenue CI. Users should be aware of the following points regarding such content and links:

  1. The provision of referral information, links to third-party websites or an offer made by a third-party vendor does not constitute an endorsement of the third party, their products or services, or their websites accessed through any such links.
  2. Avenue CI is not responsible for any opinions, ideas, products, information, or services offered by third-party websites.
  3. While information from reliable sources is generally provided, Avenue CI does not conduct independent investigations and makes no representations or warranties, express or implied, regarding third-party products, services, content, tools, information, and websites' accuracy, timeliness, completeness, reliability, suitability, or usefulness, as we have no control over the content on such non-Avenue CI websites. Users are advised and encouraged to conduct their own research and assessment of third-party offerings.
  4. Avenue CI does not prepare, edit, guarantee, endorse, approve, recommend, or introduce any third-party content displayed, framed-in, or provided in a pop-up box on the website or through live links on the website.
  5. Clicking on a link to any third-party website from our website will redirect you to that third-party website, and their terms and conditions, privacy and security policies, and other legal information may differ from Avenue CI's website.
  6. Avenue CI is not liable for any direct or indirect technical or system issues, consequences, or damages arising from the use of any third-party website or information provided by third parties.
  7. Avenue CI does not warrant that third-party sites or content are free from any claims of copyright, trademark, or other infringement of third-party rights, or that such sites or content are devoid of viruses or other contamination.
  8. Users access, use, and rely on third-party content, products, or services at their own risk.

6. Investment Considerations

Investing in units or shares of funds mentioned on this website is subject to the terms outlined in the relevant explanatory memorandum or terms and conditions. It's essential to note that investments in emerging markets and smaller companies carry a higher degree of risk and may be more sensitive to price fluctuations. Past performance should not be relied upon as an indicator of future returns, as the value of units or shares and their income can fluctuate, and investors may not recoup the full amount invested. Additionally, exchange rate changes can impact the value of underlying overseas investments.

Clients should be aware that allocating funds to certain products may expose them to significant losses, including the risk of losing the entire asset. The decision is at the discretion of each individual client. For detailed information, please refer to the Product Brochure, Terms and Conditions, and/or Offering Document(s).

Prospective clients should seek advice from their professional advisers concerning the legal and tax implications of investing in, holding, or disposing of any securities mentioned here, including the receipt of distributions related to the funds.

7. Indemnification

By accessing and using this website, you agree to indemnify Avenue CI and its third-party providers, safeguarding them against any and all claims, losses, liabilities, and expenses (including but not limited to attorney's fees) resulting from your use of the website or any breach of these Terms of Use.

8. Governing Law and Compliance

The laws of the Cook Islands shall govern these Terms of Use in all respects. By using this website, you are bound to comply with all applicable laws, rules, and regulations set forth by any governmental authority or agency concerning the operation and use of the site. These Terms of Use benefit Avenue CI, its successors, and assigns, and cannot be assigned to others. Avenue CI's written agreement is required for any effective waiver of these Terms of Use. Avenue CI reserves all rights not expressly granted herein.