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Terms & Conditions

This page sets forth the terms and conditions under which Auctus Funds GP LTD, its subsidiaries, affiliates, partners, or any company engaging with Auctus Funds GP LTD collectively referred to as the (“Auctus Funds”) makes this site available to you, as well as the terms and conditions governing your use of this site. By making use of this site, you agree to be bound by the terms and conditions we have outlined below, as the same may be modified from time to time. Modifications shall be effective immediately upon posting on the site. If you do not accept these terms and conditions, please do not continue to use or access this site.

Availability of Investment Products

Auctus Funds investment products are not offered or available for sale in the United States or to United States citizens or residents of the United States or to Cayman Islands citizens or residents of the Cayman Islands. The materials and information contained on this website do not constitute an offer or solicitation to anyone in any jurisdiction in which an offer is not authorized, or to any persons to whom it is unlawful to make such an offer or solicitation. Some Auctus Funds investment products may not be available in all jurisdictions or may vary from jurisdiction to jurisdiction.

Past performance is not necessarily a guide to future performance. The value of your account can go down as well as up as a result of changes in the value of the underlying securities.

There is also currency risk involved in some portfolios the Auctus Funds invests in. Values in these investment products are either U.S. dollar-denominated, Euro-denominated or GBP – denominated depending on the type of account.

By you downloading or ordering any Forms or Brochures from this site, Auctus Funds does not represent or warrant that it is authorized to distribute its products in your country. Permitting you to download Forms or Brochures on our products does not constitute a solicitation to anyone in any jurisdiction where such solicitation would be unlawful. For further advice, you should consult an appropriate advisor in your country of residence, and forward any correspondence (application, documentation or general requests) directly to him/her.

The information provided on this site is distributed with the understanding that Auctus Funds is not providing professional, legal or tax advice of any type. If you have a question requiring professional advice, such as a question relating to law, tax or financial planning, please seek the advice of a qualified professional that can advise you directly on any of these matters and the possible effect on you personally. You should consult the contract forms and the appropriate prospectus you choose with your qualified professional advisor.

All transactions are conducted based on signed written agreements between Auctus Funds and its customers. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that and your use of our site constitutes your agreement to the terms and conditions of such use.

Reservation of Rights

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Your continued use of the site will be conclusively deemed acceptance of any changes to these terms and conditions. It’s your responsibility to review the terms and conditions each time you access this website. At all times, you are bound by the then-current version of the terms and conditions and of all applicable laws.

Limitation of Liability

Although the information provided to you on this site is obtained and compiled from sources we believe to be reliable, Auctus Funds cannot and does not guarantee the accuracy, validity, timeliness or completeness of any data made available to you for any particular purpose. Auctus Funds does not warrant the accuracy of the information provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. The information provided on this site is provided “AS IS” and cannot be guaranteed. Neither Auctus Funds nor any of its affiliates, directors, officers, shareholders or employees will be liable or have any responsibility of any kinds for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use the site or the information contained therein, whether or not the circumstances giving rise to such cause may have been within the control of Auctus Funds or any vendor providing software or services support. In no event will Auctus Funds, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Auctus Funds or any other party have been advised of the possibility thereof. Auctus Funds will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site.

Events Beyond Auctus Funds’s Control

You expressly absolve and release Auctus Funds, its respective affiliates, related companies, and all of their respective officers, directors, employees, registered representatives, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond Auctus Funds’s control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.

Use of the Site, Copyrights, Trademarks & Service Marks

The site is owned and operated by Auctus Funds. Certain images used on the site are licensed, not owned, by Auctus Funds and may not be used, distributed, modified, transmitted, reused or reposted without the prior written permission of the party from whom Auctus Funds has licensed such material. You may access the Auctus Funds owned material on the site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, reuse or repost such material for public or commercial purposes without the prior written permission of Auctus Funds. Auctus Funds neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Auctus Funds. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Third party trademarks are used with the permission of their owners.

User Representations 

You represent and warrant to Auctus Funds that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the site or circumventing any site security system; (b) collecting any information about other users of the site; or (c) systematically extracting content or other information or data contained in the site to populate databases or other sites.

Links To and From Third Party Websites

You may note that some of the pages on this site provide hypertext links to other sites created by other organizations. We provide you links to other sites as a free service. Because those other sites are not under our control, we cannot guarantee the quality, accuracy, or timeliness of those sites. Nor is our connection to those sites an endorsement or adoption of the views expressed or of the products and services sold on those sites. Questions about the content of those sites should be directed to their authors. If you would like to provide a hypertext link from your site to this site, please request our permission before doing so. To request such permission, send a message via e-mail.

Miscellaneous

These terms and conditions shall be governed and construed in accordance with the laws of the Cayman Islands applicable to agreements made and to be performed in the Cayman Islands.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.