Terms of Service

1. Acceptance of These Terms

By accessing this website, submitting an enquiry, or engaging Phoenix Investment Development Limited for any service, you confirm that you accept these Terms of Service in full. If you act on behalf of an organisation, you confirm that you have authority to bind that organisation to these terms. If you do not have that authority, or if you do not accept the terms, you must not use the website or the services.

These terms apply in addition to any engagement letter, statement of work or other written agreement that we sign with you. Where a signed agreement conflicts with these terms, the signed agreement prevails for the matter it covers.

2. Definitions

In these terms, the words below carry the meanings given here unless the context requires otherwise.

• Firm, we, us and our mean Phoenix Investment Development Limited.
• Website means the pages served at this domain and any subdomain we operate.
• Services means the advisory, research, syndication, integration, market entry and reporting work we provide.
• Client means a person or organisation that has engaged us under a signed agreement.
• You means a visitor to the website or a person dealing with the firm.
• Deliverable means any report, structure, model, dashboard, document or system we produce for a client.

3. Eligibility to Use the Site

This website is intended for adults and for representatives of organisations who are capable of forming a binding contract. It is not directed at children. By using the site you confirm that you are at least the age of legal majority in your jurisdiction and that you are not barred from receiving our services under any applicable law.

You are responsible for ensuring that your use of the website complies with the laws that apply to you, including any restriction on the transmission of information across borders.

4. About the Firm and Its Services

Phoenix Investment Development Limited provides investment development services and integrated systems design. Our standing services comprise portfolio structuring advisory, cross-border investment research, development project syndication, corporate systems integration, market entry studies, and investor reporting dashboards. Each service is described on the services page of this website.

The nature of our work means that the scope, timetable and fee for each matter are agreed individually. The descriptions on this website are intended to explain the general character of our services and do not constitute a standing offer.

5. No Offer and No Investment Advice

Nothing on this website constitutes an offer to sell, a solicitation to buy, or a recommendation regarding any security, project, syndicate interest or financial product. The content is provided for general information only. It does not take account of your objectives, financial position or needs, and it must not be relied upon as investment, legal, tax or accounting advice.

We provide advice only under a signed engagement that defines the scope and the parties. Before making any investment decision you should obtain advice from a qualified professional who understands your circumstances. Past performance and illustrative figures mentioned anywhere on this website are not a guide to future results.

6. How an Engagement Is Formed

An engagement begins only when we have agreed a written scope and both parties have signed it. An enquiry, a proposal or an exchange of correspondence does not by itself create an engagement. We reserve the right to decline a matter, to require identity and background checks, and to set conditions before accepting work.

Each engagement is entered on the register with a serial number. The serial identifies the matter and the documents associated with it throughout the relationship.

7. Client Duties and Information

You agree to provide accurate, complete and timely information that we reasonably require to perform the services. Where information is incomplete or changes, you agree to tell us promptly. Our work depends on the quality of what we are given, and we are entitled to rely on the information you supply without independent verification.

You also agree to comply with the laws that apply to your business and to any transaction we assist with, including rules on sanctions, anti money laundering and the reporting of beneficial ownership.

8. Fees, Invoices and Payment

Fees are set out in the engagement letter or statement of work. Unless stated otherwise, fees are exclusive of taxes, disbursements and third party costs, which are charged in addition where they arise. We may require a deposit or a retainer before commencing work on a matter.

Invoices are payable within the period stated on the invoice. We reserve the right to charge interest on overdue amounts and to suspend work where an invoice remains unpaid. Any dispute about an invoice should be raised promptly so that it can be resolved without disrupting the engagement.

9. Scope Changes and Variations

If the scope of a matter changes, we will discuss the change with you and record it in writing before the additional work proceeds. A variation may affect the fee, the timetable or both. We do not perform material work outside the agreed scope without a written variation, because doing so would place both parties in an uncertain position.

Minor adjustments that do not change the substance, cost or timing of the work may be handled by correspondence and noted on the file without a formal variation.

10. Deliverables and Intellectual Property

Unless the engagement letter states otherwise, we retain ownership of the methods, templates, models and know how used to produce a deliverable, and we grant the client a licence to use the deliverable for the purpose for which it was prepared. The client owns the data the client supplies and any deliverable that the engagement letter assigns to the client.

Where a deliverable includes third party components, the licence for those components is governed by the terms of the relevant provider. We will identify such components where it is practical to do so.

11. Licence to Use This Website

We grant you a limited, non exclusive and revocable licence to view this website and to print or store a copy of its pages for your own reference. You may not reproduce, republish, sell, rent, sub license, distribute or create derivative works from the content for commercial purposes without our written permission.

The trademarks, trade names, logos and the distinctive registry design of this website remain our property or the property of our licensors. Nothing in these terms grants you a right to use them.

12. Acceptable Use

You agree not to misuse this website. Prohibited conduct includes attempting to gain unauthorised access to any system, introducing malicious code, interfering with the normal operation of the site, scraping content at a volume that burdens our infrastructure, and using the site to send unsolicited commercial messages.

You also agree not to misrepresent your identity, to impersonate another person, or to use the site in a way that infringes the rights of any third party. We may investigate suspected misuse and cooperate with the authorities where appropriate.

13. Accuracy and Availability of Content

We prepare the content of this website with care, but we do not warrant that every statement is accurate, complete or current at the moment you read it. Markets, regulations and circumstances change, and material may become out of date between reviews. We are not obliged to update any page, though we aim to keep the site broadly correct.

We do not guarantee that the website will be available without interruption or free of error. We may suspend, withdraw or modify any part of the site at any time, including for maintenance or security reasons, without liability to you.

14. Third Party Content and Links

This website may contain links to material operated by others. Such links are provided for convenience and do not imply endorsement. We do not control third party material and we are not responsible for its accuracy, legality or availability.

If you choose to access a linked website, you do so at your own risk and subject to the terms and privacy practices of that website.

15. Confidentiality

Each party agrees to keep confidential the non public information of the other that is disclosed in connection with an engagement. This obligation does not apply to information that is already public, that becomes public without breach of duty, that is independently developed, or that must be disclosed by law or by a regulator.

Where disclosure is required by law, the party subject to the requirement will, to the extent permitted, notify the other so that protective steps can be considered.

16. Privacy and Data Protection

Our handling of personal information is described in our Privacy Policy, which forms part of these terms by reference. In summary, we collect information to answer enquiries, deliver services, maintain records and meet legal duties, and we protect it with organisational and technical measures.

Where we handle personal information on behalf of a client as part of a service, we do so on the client instructions and we expect the client to have a lawful basis for the information it provides to us. If a client asks us to process information in a way that would breach data protection law, we are entitled to decline that instruction and to explain the reason.

A client that supplies personal information about its own staff, customers or counterparties is responsible for providing the notices and obtaining the consents that the law requires. We are not responsible for a failure on the part of the client to do so, and we may require appropriate assurances before we handle such information on the client behalf.

17. Disclaimers

To the fullest extent permitted by law, the website and its content are provided as they are and as they become available, without warranties of any kind, whether express or implied. We specifically disclaim implied warranties of merchantability, fitness for a particular purpose and non infringement.

We do not warrant that any result described on this website will be achieved in any particular matter. Outcomes depend on facts and conditions that differ from case to case and that are often outside our control. A structure that suits one portfolio may be unsuitable for another, and a research conclusion that is sound at one date may need revision at a later one.

Nothing on this website should be read as a promise of a particular financial return, a particular timetable, or a particular regulatory outcome. Descriptions of past engagements, where they appear, are provided to explain our approach and are not a representation that a similar result will follow.

18. Limitation of Liability

To the fullest extent permitted by law, Phoenix Investment Development Limited shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, data, goodwill or opportunity, arising out of or in connection with your use of this website or the services.

Where liability cannot be excluded, our total aggregate liability arising out of or in connection with a matter is limited to the fees actually paid to us for that matter. Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by negligence.

19. Indemnity

You agree to indemnify and hold harmless the firm, its officers, employees and agents against any claim, loss, liability, cost or expense arising from your breach of these terms, your misuse of the website, or your violation of any law or of the rights of a third party.

This indemnity survives the end of any engagement and continues for as long as a claim may be brought under the law that applies.

20. Suspension and Termination

We may suspend or terminate your access to the website or to a service if you breach these terms, if we are required to do so by law, or if continuing would expose the firm to legal or regulatory risk. Where it is practical, we will give notice and an opportunity to remedy the issue.

Either party may terminate an engagement in accordance with the terms of the engagement letter. On termination, fees for work performed up to that point remain payable, and provisions that by their nature should survive, including confidentiality, intellectual property, indemnity and liability provisions, continue in force.

21. Force Majeure

We are not liable for a failure or delay in performance caused by an event beyond our reasonable control. Such events include natural disaster, epidemic, war, civil unrest, industrial action, failure of utilities or telecommunications, and acts of government.

Where such an event occurs, we will notify you, take reasonable steps to mitigate the effect, and resume performance as soon as it is practical to do so.

22. Governing Law and Disputes

These terms and any dispute arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, save that we may seek relief in any jurisdiction where it is necessary to protect our rights.

Before commencing proceedings, the parties agree to attempt to resolve a dispute in good faith through discussion and, where appropriate, mediation. This step does not prevent either party from seeking urgent relief where it is needed.

23. General Provisions

If any provision of these terms is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force. A failure to enforce a provision is not a waiver of it. These terms, together with the Privacy Policy and any signed engagement letter, form the entire agreement between the parties on the subject matter.

We may assign our rights and obligations under these terms to a successor in connection with a reorganisation. You may not assign your rights without our written consent. Nothing in these terms creates a partnership, joint venture or agency relationship between the parties.

A person who is not a party to these terms has no right to enforce any of its provisions. Where these terms are translated into another language for convenience, the English version prevails if there is any discrepancy. Headings are used for reference only and do not affect the interpretation of the clauses they introduce.

Notices to the firm should be sent to the registry office at the address given below or to the contact email address. Notices to you may be sent to the last postal or email address you have provided to us. A notice is treated as received on the working day after it is sent by email, and within a reasonable period after it is posted.

24. How to Contact Us

Questions about these terms may be directed to the registry office. We are glad to clarify any point before you rely on it.