READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE REGISTERING OR USING THE SERVICES DESCRIBED ON THE WEBSITE LOCATED AT https://www.genesis19.com/ (“WEBSITE” WHICH INCLUDES ANY MATERIALS RECEIVED FROM GENESIS FUND AS A RESULT OF UTILIZING THE WEBSITE). BY UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
THIS WEBSITE IS NOT INTENDED FOR AND SHOULD NOT BE ACCESSED BY PERSONS LOCATED OR RESIDENT IN ANY JURISDICTION WHERE (BY REASON OF THAT PERSON'S NATIONALITY, DOMICILE, RESIDENCE OR OTHERWISE) THE PUBLICATION OR AVAILABILITY OF THIS WEBSITE IS PROHIBITED OR CONTRARY TO LOCAL LAW OR REGULATION OR WOULD SUBJECT ANY GENESIS FUND ENTITY TO ANY REGISTRATION OR LICENSING REQUIREMENTS IN SUCH JURISDICTIONS. IT IS YOUR RESPONSIBILITY TO BE AWARE OF, TO OBTAIN ALL RELEVANT REGULATORY APPROVALS, LICENCES, VERIFICATIONS AND/OR REGISTRATIONS UNDER, AND TO OBSERVE ALL APPLICABLE LAWS AND REGULATIONS OF ANY RELEVANT JURISDICTION IN CONNECTION WITH YOUR ENTRANCE TO THIS WEBSITE.
GENESIS FUND RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.
This Website is owned by Genesis Fund Limited (company registration number 1245974), which is licensed by the Cayman Islands Authority Monetary (“CIMA”).
Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a promotion, recommendation, solicitation or offer by Genesis Fund or its affiliates to buy or sell any securities, collective investment schemes, futures, options or other financial instruments or services, nor shall any such security, collective investment scheme, futures, options or other financial instruments or services be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold Genesis Fund, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of this Website, from the visitor's violation of these Terms or from any decisions that the visitor makes based on such information.
The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of Genesis Fund or its affiliates or guaranteed by Genesis Fund or its affiliates. Genesis Fund makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, Genesis Fund does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
The funds referred to in this Website are authorized or recognized by the CIMA for sale to the public (the “Funds”). Any such Fund’s prospectus and other Fund information in the Website does not constitute an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not lawful or in which the person making any such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. CIMA authorization is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits or performances of the scheme. It does not mean that the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors. The material contained in this Website has not been reviewed by the CIMA.
Important information about each Fund is contained in such Fund’s prospectus, which is available upon request from Genesis Fund. BEFORE ACQUIRING THE SHARES OR UNITS OF ANY FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ SUCH FUND’S PROSPECTUS OR OFFERING MATERIALS, INCLUDING THE RISK FACTORS. All investments involve risk and may lose value. Investors may lose all or a portion of the amount invested. The value of the investment and the income from it will vary. If you are considering making an investment, you are advised to obtain your own independent professional advice and to carefully consider all relevant risk factors. You may wish to seek advice from a financial adviser regarding the suitability of the Funds before making a commitment to purchase units or shares in the Funds. In the event you choose not to do so, you should consider whether the Funds are suitable for you. Please contact Genesis Fund Limited or our appointed distributors for more information on how to subscribe for units or shares in the Funds. The price of units or shares and the income from them in relation to any investment may go down as well as up and any past performance is not indicative of future performance. Genesis Fund does not guarantee the performance of any of the Funds.
An investment in a Fund often involves investing in international markets. In addition to the normal risks associated with investing, international investments involve the risk of losing all or part of any capital from unfavourable fluctuations in currency values, from differences in generally accepted accounting principles or from economic or political instability in other nations. An investment in emerging markets also involves heightened other risks such as increased volatility and the possibility of lower trading volume. Funds may use or invest in financial derivatives. The value of investment and the income from it will vary and initial investment amounts cannot be guaranteed. Investors may not get back the amount they invest.
When making an investment in a Fund that is listed on one or more stock exchanges, the price of the shares or units will be determined by supply and demand. It is not necessarily the same as the value per share or unit of that Fund’s assets. At any time the share or unit price may be at a discount or premium to the asset value. However, because of the exchange-traded fund structure, it is expected that a significant discount or premium of price to asset value will not be sustainable over the long term. Any projections or examples (including calculations used therein) are for illustrative purposes only and are not guaranteed to be accurate or complete. You should note that shares or units may only be redeemed directly from the Funds by persons or entities registered as participating dealers in very large redemption sizes. Listing of the shares or units of the Funds does not guarantee a liquid market for them.
Where a Fund's investment objective is to track an index, the Fund is not sponsored, endorsed, issued, sold or promoted by the relevant index providers. None of these companies make any representation regarding the advisability of investing in the Funds. Index returns are for illustrative purposes only and do not represent actual fund performance. Index performance returns do not reflect any management fees, transaction costs or expenses. Indices are unmanaged and one cannot invest directly in an index.
The listing of units of the fund on a stock exchange does not guarantee a liquid market for the units. Before making an investment decision, you are reminded to refer to the relevant prospectus for specific risk considerations which are available from the Website. Index performance returns do not reflect any management fees, transaction costs or expenses. Indexes are unmanaged and one cannot invest directly in an index.
This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. Although this material is based upon information that Genesis Fund considers reliable and endeavours to keep current, Genesis Fund does not assure that this material is accurate, current or complete, and it should not be relied upon as such. The contents of this Website have been prepared without regard to the investment objectives, financial situation, or means of any particular person or entity, and the Website is not soliciting any action based upon them. Any opinions expressed on this Website may change as subsequent conditions vary.
The information and services provided on this Website are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Genesis Fund disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Genesis Fund does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. Genesis Fund expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
Trademarks, Copyrights and other Intellectual Property
The content contained on this Website is owned or licensed by Genesis Fund and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without Genesis Fund's written permission. Modification or use of the materials for any other purpose violates Genesis Fund's intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to Genesis Fund and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Genesis Fund or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Links to Other Websites
Links to Genesis Fund from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Genesis Fund. If you desire to display on your website a hyperlink to a Genesis Fund website, you must enter into a written agreement with Genesis Fund governing such display. Access to any Genesis Fund website does not authorize you to use any of Genesis Fund's names, logos, trademarks or copyrighted material, and you agree not to do so without Genesis Fund's express written consent.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to Genesis Fund, particularly those containing confidential information, may be sent by email to [email protected] Genesis Fund shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to Genesis Fund through this Website. You acknowledge and agree that Genesis Fund has granted you limited access to the specific files pertaining to the Funds ("Approved Files"), and you agree not to attempt to access computer files other than the Approved Files. Genesis Fund makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. Genesis Fund reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Jurisdiction and Governing Law
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 Genesis Fund or its affiliates to any registration requirement within such jurisdiction or country.
These Terms shall be governed by, and shall be construed in accordance with, the laws of Cayman Islands. The courts of Cayman Islands shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms and, for such purposes, you agree to submit to the jurisdiction of the courts of Cayman Islands. Each party hereby waives any objection which it might at any time have to the courts of Cayman Islands being nominated as the forum to hear and determine any proceedings and to settle any disputes and agrees not to claim that the courts of Cayman Islands are not a convenient or appropriate forum.
Limitation of Liability
GENESIS FUND AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF GENESIS FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Except as otherwise stated in these Terms or as expressly authorized by Genesis Fund in writing, you may not:
System Outages and Incomplete Transmissions
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user's computer. Genesis Fund is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
Genesis Fund may terminate your access to the Website for any reason, without prior notice.
No waiver by Genesis Fund of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Genesis Fund is an equal opportunity employer committed to diversity in the workplace.
Dated: January 2020
© 2020 Genesis Fund. All rights reserved.
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