Please read the below disclaimer carefully. You will be asked to accept these terms and conditions before proceeding.
The information on this website is directed only at persons who are shareholders in Vietnam Phoenix Fund Limited (an exempted company incorporated with limited liability under the laws of the Cayman Islands with registration number 173941) (the “Company”) and is provided for their exclusive use and benefit. Duxton Capital (Australia) Pty Ltd (ABN 87 164 225 647, AFSL 450218) (“Duxton”) is the investment manager of the Company.
Duxton is authorised to provide financial services to wholesale clients only (as the Corporations Act 2001 (Commonwealth of Australia) defines that term). Only investors to whom an offer of the shares in the Company would not require a disclosure document under Chapter 6D or Part 7.9 of the Corporations Act may invest in the Company.
The Company falls within the definition of a “Mutual Fund” in terms of the Mutual Funds Act (Revised) of the Cayman Islands and, accordingly, is regulated in terms of that law and is subject to the supervision of the Cayman Islands Monetary Authority.
This website is intended only for investors who are eligible to lawfully receive an offer document and invest in a Cayman Islands domiciled mutual fund under the securities laws of their home jurisdiction.
Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so. No information, materials or opinions contained on this website (“Materials”) constitute or would be deemed to constitute a recommendation or invitation in any jurisdiction to invest or otherwise deal in the shares of the Company (the “Shares”).
The website that you are seeking to access does not constitute an offer to buy or sell the securities mentioned in the website in any jurisdiction or jurisdictions in which such offers or sales are unlawful prior to registration or qualification under the securities laws of any such jurisdiction.
The Materials on the website are not intended to constitute “marketing” of the Company, as such term is understood for the purposes of the Alternative Investment Fund Managers Directive as it has been implemented in states of the European Economic Area. The Materials are not intended to provide a sufficient basis on which to make an investment decision.
The Materials are provided on an “as is” and “as available” basis and do not purport to be full or complete. The Company and Duxton do not represent or warrant that the information accessible via this website is accurate, complete, current or secure. The Company, Duxton, and their affiliates believe that the source of the Materials is reliable however they cannot and do not guarantee, either expressly or implicitly, and accept no liability for, the accuracy, validity, timeliness, merchantability or completeness of any information or data (whether prepared by the Company, Duxton, their affiliates or by any third party) for any particular purpose or use or that the information or data will be free from error. The Company, Duxton, and their affiliates do not undertake any responsibility for any reliance which is placed by any person on any statements or opinions which are expressed herein. Neither the Company, Duxton, nor any of their affiliates, directors, officers or employees will be liable or have any responsibility of any kind for any loss, damage, or liability of any kind that any person may incur (however caused, including through negligence) arising out of or in connection with the use of this website or any linked website.
Nothing contained in this website constitutes financial, investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. The Materials on this website are provided for your personal use and informational purposes only and are subject to change without notice. The Company has the right to suspend or withdraw the provision of all or any of the website of the Materials without prior notice at any time.
The value of investments mentioned in this site, and the income from them, may go down as well as up and investors may not get back the amount invested. Information on past performance, where given, is not a guide to future performance. Changes in rates of exchange between currencies may cause the value of investments to decrease or increase.
All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Copyright
Copyright of all images and text in this website is owned by or licensed to the Company, Duxton or one of their affiliates unless otherwise noted. You may imprint, copy, download or temporarily store extracts from this website for your personal information and use. Any other use is prohibited unless you first request and obtain Duxton’s prior written consent. You may not alter or otherwise make any changes to any material that you print or download from this website, including, without limitation, removing any identifying marks or legends from such material. In particular, you may not copy or use any part of this website on any other website, or link any other website to this website, without the prior written permission of the Duxton. You may not use the website for any purpose which is unlawful, abusive, libellous, obscene or threatening.
No Warranty
The Materials contained in this website are provided without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. None of the Company, Duxton, or their affiliates assume any responsibility for the uninterrupted availability of this website or warrant that it will be error-free, that defects will be corrected, or that this website or the servers that make it available will be free of viruses or other harmful components.
Liability Waiver
You agree that under no circumstances, including, but not limited to, negligence, shall the Company, Duxton or any of their affiliates be liable for any special or consequential damages that result from the access or use of, or the inability to access or use, the Materials on this website.
Governing Law
The terms and conditions of this legal notice shall be governed by and construed in accordance with the laws of the Cayman Islands. Users of this website agree that any dispute or action arising out of or relating to these terms or any user’s use of this website shall be commenced only in the courts located in the Cayman Islands, and users of this website hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of any such dispute or action.
By accessing Materials on this website you agree to be bound by the foregoing limitations and you confirm that:
• you are not a retail investor nor any other type of investor that is classified as “retail” (or similar) under the applicable laws and regulations of the country of your residence and/or of the country in which you are viewing this webpage;
• by accessing this website you will not contravene, or cause Duxton or any of its affiliates to contravene, any law that seeks to regulate financial promotions in the country of your residence and/or in the country in which you are viewing this webpage; and
• you are an Eligible Investor and possess the experience, knowledge, and expertise to make your own investment decisions and properly assess the associated risks.
Eligible Investor means a person to whom the Company can lawfully make an invitation to subscribe for Shares without compliance with any registration or other legal requirements, who is able to acquire and hold Shares without breaching the law or requirements of any country, regulatory body or government authority and who satisfies such eligibility requirements as may be determined by the directors of the Company from time to time.
By accessing Materials on this website you agree to be bound by the foregoing limitations.
