Risk Notice & Aurum Website Terms and Conditions of Use
This website (www.aurum.com) is a website operated by Aurum Funds Limited (“AFL”) on behalf of Aurum Fund Management Ltd. The information on the website is communicated by AFL both inside and outside the United Kingdom. AFL 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
Facsimile: +44 (0) 20 7581 1780
AFL 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 ICAV, 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 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 AFL 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
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 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.
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:
- for any unlawful, improper or illegal purpose or activity;
- to violate AFL's or any third party's copyright, trademark, proprietary or other intellectual property rights;
- to damage AFL's name or reputation or that of AFL's affiliated companies or any third parties;
- 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
- 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.
In connection with registration, you will select a password to enable access to this website. You must treat this password as confidential and you must not disclose it to any third party or allow any third party to access this website using your username and 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
AFL 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 AFL) at any time if your use of this website (in AFL'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 AFL.
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”. AFL 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.
To the extent permitted by applicable laws and regulations, in no event will AFL or its affiliated companies 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 AFL, 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 AFL 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.
This website is established in England by AFL 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.
AFL 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.