Disclaimer

Terms of Use


IMPORTANT INFORMATION ABOUT USE OF THIS WEBSITE

By accessing this website and any pages thereof (collectively, the “Website”), you acknowledge that you have read the following information and accept the terms and conditions set out below, including the Privacy Policy (together, the “Terms of Use”) and agree to be bound by the Terms of Use. The terms “you” or “your” in these Terms of Use refer to both you personally and any other person or entity on whose behalf you are accessing the Website as the context requires. We may change the Terms of Use from time to time by posting such changes on the Website without notice to you.  By visiting or using the Website, you are deemed to have agreed to the Terms of Use as then posted on the Website.

General

This Website is operated by Brilliance Asset Management Limited (“Brilliance,” “we,” or “us”). Brilliance is licensed by the Hong Kong Securities and Futures Commission (the “SFC”) for Type 9 (asset management) regulated activity under the Hong Kong Securities and Futures Ordinance (Cap. 571) (“SFO”). The license of Brilliance is subject to a condition that it may only provide services to a person who is a professional investor (“Professional Investor”) as defined under the SFO and its subsidiary legislation. Any information on this Website relating to Brilliance is intended for use only by persons who qualify as a Professional Investor and Brilliance prohibits any person other than a Professional Investor from accessing any services offered by it.

Brilliance is also registered as an investment adviser with the United States Securities and Exchange Commission (the “SEC”) pursuant to the US Investment Advisers Act of 1940, and subject to SEC’s regulation thereunder.

The contents of this Website have not been reviewed by the SFC, the SEC or any other regulatory authority.  If you are in any doubt as to the contents of this Website, you should obtain independent professional advice.

This Website is not directed at, or 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 the laws or regulation or which would subject Brilliance or its affiliates to any registration requirement within such jurisdiction or country. Persons in respect of whom such prohibitions apply must not access this Website.  It may be unlawful to access or download the information contained in the Website in certain jurisdictions, and, to the greatest extent permitted by law, we disclaim all responsibility if you access or download any information from the Website in breach of any law or regulation of the jurisdiction in which you reside or are then present.  By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information of the Website.

No offer

The contents of the Website have been provided for information purposes only and do not constitute any solicitation to buy, offer to sell, or advice or recommendation to buy, sell or otherwise acquire or dispose of, any interest in any investment, or any advice or recommendation to pursue any investment strategy.

No advice

Nothing contained in this Website constitutes investment, legal, tax or other advice. You should not rely upon the contents of this Website as advice or to make any decision, whether to invest or otherwise. Before making any investment decision, you should obtain professional advice specific to your circumstances and obtain and read the terms and conditions and other information in the documentation relevant to any investment, including any offering document. Brilliance has made no determination as to the suitability of any investment referenced in this Website and makes no representation or warranty that any such investment is suitable for you. Any statement of risks of any investment referenced in this Website should not be regarded as a full disclosure of all risks.

Risk of investment

Past performance is not indicative of likely future performance and the value of any investment discussed on this Website may go down as well as up. Brilliance does not guarantee the performance of any investment, the return of an investor’s principal or the achievement of any rate of return.

Investment in any of the funds and/or strategies described on the Website carries substantial risk, including the possible loss of principal. There is no guarantee that the investment objectives of the funds and/or strategies will be achieved.  And returns may vary significantly over time. Investment in the funds and/or strategies described on the Website is not suitable for all investors.  You should only invest in a fund after you have thoroughly reviewed the offering documents, in particular, the risk disclosures specific to the fund, and carefully considered the relevant investment objectives, risks, charges and fees.  You may wish to consult an independent financial adviser for personal and specific investment advice before investing.

Material interests

Brilliance and its partners, directors, officers and/or employees may have investments in the funds that are referred to on the Website and may otherwise be interested in transactions that you may effect in those funds.

No warranties

Brilliance believes in good faith that the information contained in this Website is accurate, complete and up-to-date.  Brilliance gives no representations or warranties as to the accuracy or completeness of such information, and shall not be liable for any direct, indirect, consequential or special losses or damages of any kind arising from or in connection with the use of this Website (including the use of any links on this Website to other external websites or resources) or the use of such information. The information on this Website is provided strictly for informative purposes only and does not constitute investment advice. No reliance may be placed for any purpose on the information provided in this Website or the accuracy or completeness thereof and the directors, officers and employees of Brilliance do not accept any responsibility or liability in respect of the information or any recommendations expressed in this Website, which are subject to change without notice.

Brilliance is not responsible for the availability of any external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any third party websites, including but not limited to any advertising, products or other materials or services on or available from such websites or resources available on the websites, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Brilliance does not accept responsibility for any interferences or damages to your own computer system, the records stored thereon or those of any other person, which arises in connection with your use of this Website or any linked website.

Unless otherwise stated, Brilliance reserves all rights to the contents of this Website, including all information, graphics, code, text and design on this Website which is the property of Brilliance and should not be reproduced or distributed without its permission.

Prohibited use

You may not modify, distribute, transmit, reproduce, publish, license, exploit, create derivative works from, transfer or sell any content accessed from the Website unless you have received prior written permission from Brilliance.  You may not decompile, disassemble or otherwise reverse engineer all or any portion of the Website.  You may not remove any copyright, trademark or other proprietary notice or legend contained on the Website in any print copy from the Website.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website, including Brilliance Asset Management Limited, www.brilliancecap.com and other indicia of Brilliance and its products and/or services, are Brilliance’s registered and unregistered trademarks. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of Brilliance.


Privacy Policy


Brilliance is committed to protecting the privacy, confidentiality and security of the personal data collected in compliance with the data protection principles and all relevant provisions under the Personal Data (Privacy) Ordinance (Cap. 486) (“Ordinance”). Brilliance owes a strict duty of confidentiality to its investors and we are committed to protecting the security of your personal data. We are equally committed to ensuring that all our staff comply with strict internal standards of security and confidentiality to protect your personal data from unauthorised access, unlawful processing and against accidental loss, destruction or damage.


Personal data collected from you


Personal data may be collected from you through direct interactions with you (e.g. when you fill out a form, send us email or mail, or when you speak to members of Brilliance). We may also collect personal data from you directly or indirectly from information or documents you provide to us in relation to your investments.

Brilliance may use the personal data for the following purposes:

  to fulfil our contractual obligations (e.g. to open, manage or administer your account);

 to comply with legal and regulatory obligations (e.g. to perform KYC checks to comply with applicable anti-money laundering laws, or to prevent and detect financial crime); and

● to operate our business in a prudent manner in accordance with applicable laws and regulations, which may include responding to inquiries and requests, determining your eligibility for any of our products or services, etc.

Brilliance will not provide your personal data to third parties for direct marketing or other unrelated purposes without your prior consent.


Use of personal data

Brilliance is prohibited from disclosing to any third party the particulars of your identity, financial, business or personal affairs of, or any other information relating to you, a prospective investor, an investor or client, or any information that an individual passes on to Brilliance in respect of its prospective investors, investors or its clients unless:

(a)  you, a prospective investor, an investor, a client or the individual (as the case may be) has given prior written consent to the disclosure of the personal data;

(b)  disclosure is necessary for the purpose of, or in connection with, any legal proceedings, for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending our rights;

(c)  disclosure is compelled by law enforcement authorities, regulators or other government agencies, for example to comply with anti-money laundering laws, or by regulatory requirement; or

(d)  there is a public duty to disclose such information; or

(e)  disclosure is to our affiliates and/or service providers who have been contracted to perform services.

We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, such as providing our services, or as required by applicable laws or regulations. This period may extend beyond the termination of our relationship with you.


Data access and correction

You are entitled under the Ordinance to seek access to, or seek to correct personal data which Brilliance holds about you. Brilliance may require that any persons requesting access or correction provide suitable identification to access any data. Requests for access and/or correction of personal data should be addressed to the following address:

 

The Data Protection Officer

Brilliance Asset Management Limited

Suite 3201-3205, 32/F AIA Central

1 Connaught Road Central, Central

Hong Kong


Should there be any inconsistency between the English and Chinese versions, the English version shall prevail.