Risk Notice & Aurum Website Terms and Conditions of Use
This website (http://www.aurum.com) is a website operated by Aurum Funds Limited (“Aurum”).
The information on the website is communicated by Aurum both inside and outside the United Kingdom.
Aurum is registered in England and Wales with registration number 3007670 and has its registered office at:
37 Ixworth Place,
London, SW3 3QH,
Telephone: +44 (0)20 7589 1130.
Fax: +44 (0)20 7581 1780.
Aurum is authorised and regulated by the Financial Conduct Authority (“FCA”) and is entered
on the Financial Services Register (Register Number 180770).
The information on this website relates, inter alia, to the following investment funds
(collectively, the “Funds”): (i) Aurum Isis Fund Ltd, Aurum Investor Fund Ltd, Aurum
Multi Strategy Fund Ltd. Aurum Synchronicity Fund Ltd, Aurum Managed Portfolio Ltd,
Aurum Fortress Fund Ltd and their respective feeder funds which were authorised and
registered in Bermuda as Standard Funds by the Bermuda Monetary Authority under the
Investment Funds Act 2006 of Bermuda; and (ii) Aurum Funds plc, which is an umbrella
type investment company with variable capital incorporated on 30 September 2013 under
Part XIII of the Companies Act 1990 of Ireland as an investment company with variable
capital and is a designated company pursuant to section 256 of that Act. Aurum Fund
Management Ltd has been appointed as investment manager or investment adviser to the Funds.
The information provided on this website is not intended for distribution to, or use by,
any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject Aurum or its affiliates to any
registration requirement within such jurisdiction or country.
The distribution of the information contained in this website in certain countries may be
restricted by law and persons who access it are required to inform themselves and to comply
with any such restrictions. This information does not constitute an offer or solicitation
in any jurisdiction. Prospective investors should inform themselves as to applicable legal
requirements, exchange control regulations and taxes in the countries of their citizenship,
residence or domicile.
This website is published solely for informational purposes and has no regard to the specific
investment objectives, financial situation or particular needs of any person. Information
contained herein is believed to be reliable but no warranty is given as to its accuracy or
completeness and views and opinions, whilst given in good faith, are subject to change without
notice. The information contained in this website is not intended to constitute, and should
not be construed as, investment advice. Potential investors in the Funds that are described,
or referred to, in this website should seek their own independent financial advice.
An application for shares in any of the Funds referred to on this website should only be
made having read fully the relevant prospectus, supplement (together a "Prospectus") and
subscription documentation. It is your responsibility to read such Prospectus and by making
an application you will be deemed to represent that you have read such Prospectus and
agree to be bound by its contents.
You should note that, if you choose to invest in any Fund described or referred to in this
website, your capital will be at risk and you may therefore lose some or all of any amount
that you choose to invest.
MARKETING AND SALES RESTRICTIONS
European Economic Area
The Alternative Investment Fund Managers Directive (the "AIFMD") imposes limitations on the
marketing of collective investment schemes in certain jurisdictions in the European Economic
Area (the "EEA"). Accordingly, the Aurum range of funds are only being offered in such
jurisdictions where (a) such funds are permitted to be marketed pursuant to Article 42 of
the AIFMD; or (b) such funds can otherwise be lawfully marketed. In all other cases: (i)
information regarding the funds will only be provided to a potential investor in the EEA
where such activity has been initiated by the potential investor; and (ii) subscriptions
will only be accepted from a potential investor in an EEA member state where such potential
investor is investing on its own initiative. If you are in the EEA but are not in a
jurisdiction where the Fund is permitted to be marketed pursuant to Article 42 of the AIFMD,
by proceeding, you represent and warrant that you are doing so on your own initiative and
were not solicited by or on behalf of Aurum or any of the Aurum funds.
By entering the website you confirm that you are a Professional Investor and that
you are not subject to any jurisdictional restrictions prohibiting access to information
on unregulated collective investment schemes.
The Funds are not recognised collective investment schemes for the purposes of the Financial
Services and Markets Act 2000 of the United Kingdom (the “FSMA”). The promotion of these Funds,
the distribution of the prospectuses of these Funds and access to this website by persons in
the United Kingdom is accordingly restricted by law.
The Prospectuses and website may be issued only to persons who are authorised under the FSMA
or to persons who are of a kind to whom these Funds may be promoted by virtue of section 4.12.1
of the FCA’s Conduct of Business Sourcebook. In particular, any investment or investment
service to which this website or any Prospectus relates is not intended for persons who are
retail clients and will not be made available to retail clients. Many of the protections provided
by the United Kingdom’s regulatory regime will not apply to investments in these Funds,
including access to the Financial Ombudsman Service and the Financial Services Compensation Scheme.
This website and the information contained in it constitutes a financial promotion for the purposes
of FSMA and the FCA Rules.
The shares of the Funds (the "Shares") have not been and will not be registered under the 1933
Act, or the securities laws of any of the States of the United States. The Shares may not be
offered, sold or delivered directly or indirectly in the United States or to or for the account
or benefit of any "US Person" as defined in Regulation S under the 1933 Act except pursuant to
an exemption from, or in a transaction not subject to, the registration requirements of the 1933
Act and any applicable State laws. The Funds have not been and will not be registered under the
United States Investment Company Act of 1940 (as amended) (the "1940 Act") since Shares will only
be sold to United States persons who are "qualified purchasers", as defined in the 1940 Act.
There has not been and will not be any public offering of the Shares in the United States.
Investment in the Funds carries substantial risk. There can be no assurance that the investment
objectives of the Funds will be achieved and investment results may vary substantially over time.
Investment in the Funds is not intended to be a complete investment programme for any investor.
Investment in the Funds on this website is intended for experienced and sophisticated investors
who are able to understand and accept the risks involved.
The value of all investments and the income derived there from can decrease as well as increase.
Past performance is no guide to or guarantee of future performance.
Nothing contained on this website constitutes investment, legal, tax or other advice, nor is
it to be relied upon when making investment or other decisions. The information on this
website is directed at existing investors in order to report to them on their current
investments and on the basis that each investor makes its own investment decisions.
Investors should obtain relevant and specific professional advice before making any decision
in relation to any investment transactions.
Persons considering investing in the Funds should read the risk disclosure in the relevant Prospectus.
INVESTMENTS WHICH ARE NOT READILY REALISABLE
Shares in the Funds are valued regularly by the Administrator and may be redeemed in accordance
with the provisions in the Prospectus; however although many of the Funds are listed on the
Irish and/or Bermuda stock exchanges the shares are not regularly traded on or under the rules
of an investment exchange and accordingly prospective investors may not be able to sell or
realise their shares (except by redemption) and they may not be able to obtain reliable information
on value (except from the Administrator) or the extent of the risks to which they are exposed.
The Funds invest from time to time in assets which also may not be readily realisable and the
Funds may find it difficult to sell or realise such assets or to obtain reliable information
about their value or the extent of the risks to which they are exposed. These matters may prejudice
the ability of the Funds to value the Funds’ shares or make redemptions.
FOREIGN CURRENCY-DENOMINATED INVESTMENTS
The Funds may invest in assets denominated in currencies other than the US Dollar. Although
the shares of the Funds are denominated in various currencies, currency hedging is
generally undertaken with the objective of securing, as far as is possible, that there
is no gain or loss from currency fluctuations. This notwithstanding, changes in rates of
exchange may have an adverse effect on the value price or income of investments.
YOUR USE OF THIS WEBSITE
These terms and conditions set out the terms on which you may make use of this website
and apply to every page of this website, whether or not these terms and conditions
appear on each individual page. Please read these terms and conditions carefully
before you start to use this website. By using this website, you have indicated that
you accept these terms and conditions and that you agree to abide by them. If you do
not agree to these terms and conditions, please refrain from using this website.
You must NOT use this website (or permit or procure others to use it) as follows:
(A) for any unlawful, improper or illegal purpose or activity;
(B) to violate Aurum's or any third party's copyright, trademark, proprietary or other
intellectual property rights;
(C) to damage Aurum's name or reputation or that of Aurum's affiliated companies or any third parties;
(D) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this
website or any other entity’s systems and it is your responsibility to ensure that whatever you
download or select for your use from this website is free from such items; and/or
(E) to transmit confidential or proprietary information, except solely at your own risk.
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 Aurum and its affiliated companies 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.
USERNAME AND PASSWORD
You have been provided with a username and password to access this website. You must treat
this information as confidential and you must not disclose it to any third party or allow any
third party to access this website using your username or password. You agree to notify Aurum
immediately if you suspect unauthorised use of this website or of your username or password.
TERMINATION AND SUSPENSION OF ACCESS TO THIS WEBSITE
Aurum 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 Aurum) at any time if your use of this website (in Aurum's sole discretion) in any
manner breaches these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS
The entire contents of this website are subject to copyright with all rights reserved.
The copyright, trademarks and all similar rights of this website and the contents,
including all information, graphics, code, text and design, are owned by Aurum (or its licensors).
MSCI data is owned and copyrighted by Morgan Stanley Capital International Inc.
You may download or print individual sections of the site for your personal use and information
only provided that you ensure that all copyright notices and other proprietary notices are displayed
on such downloaded or printed sections. You may not reproduce (in whole or in part), transmit
(by electronic means or otherwise), modify, link into or use for any public or commercial purpose
the site without the prior written permission of Aurum.
Nothing on this website should be construed as granting any licence or right in relation to any of
our trademarks or those of our affiliated companies or any third party.
This website, including information and materials contained in this website, text, graphics,
software, links and other items are provided “as is,” “as available”. Aurum does not warrant
the accuracy, adequacy, completeness, timeliness or availability of the information and data
contained in this website, and expressly disclaims liability for errors or omissions in this website.
There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty
of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this website.
LIMITATION OF LIABILITY
To the extent permitted by applicable laws and regulations, in no event will Aurum be liable for
any damages, including, without limitation, direct or indirect, special, incidental, or consequential
damages, losses or expenses arising in connection with this website or use or misuse thereof or the
inability by any party to use such website, or in connection with any failure of performance, error,
omission, interruption, defect, delay in operation or transmission, computer virus or line or system
failure, even if Aurum, or representatives thereof, are advised of the possibility of such damages,
losses or expenses.
As a condition of your use of this website, you agree to indemnify and hold harmless Aurum and its
affiliates and its and their employees from and against any and all liabilities, claims, damages,
losses or expenses, including legal fees and expenses, (together, "Losses") arising out of your
access to or use of this website, save to the extent that Aurum may not exclude or limit its own
liability for such Losses pursuant to applicable laws or regulations.
LAW AND VARIATION
This website is established in England by Aurum in accordance with and shall be governed by, and
your browsing in and use of this website shall be deemed acceptance of, the laws of England and
Wales. 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.
Aurum may revise these terms and conditions at any time by amending this page. You are expected
to check this page from time to time to take notice of any changes Aurum makes, as they are
binding on you.
Each time you use this website, a condition of use is that you comply with the above terms.
By entering the website you confirm that you are a qualifying investor as defined by the FCA and that you are not subject to any jurisdictional restrictions prohibiting access to information on unregulated collective investment schemes.