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Terms and Conditions

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Definitions

App

As the context requires, such mobile application(s) and/or website(s) as we may make available from time to time to enable you to access your A.S.K GENVA LIMITED Account and receive the A.S.K GENVA LIMITED Services.

Business day

Any Monday, Tuesday, Wednesday, Thursday or Friday which is not a Bank Holiday in England.

Current tax year

The current period between 6th April and 5th April of the following year.

Data terms

The Privacy Policy and the Website Terms.

Delegate

A person or entity to whom we may delegate to in order that they perform the provision of certain services to you instead of us.

A.S.K GENVA LIMITED

A.S.K GENVA LIMITED.

A.S.K GENVA LIMITED agreement

Means your agreement with A.S.K GENVA LIMITED.

A.S.K GENVA LIMITED services

The services that A.S.K GENVA LIMITED will provide to you.

FCA or Financial Conduct Authority

The UK Financial Conduct Authority, or any applicable successor body. For A.S.K GENVA LIMITED, the FCA is both the conduct and prudential regulator.

FCA rules

The rules and guidance contained in the FCA handbook and supporting documents (as may be amended and updated from time to time).

FOS or Financial Ombudsman Service

The office to whom you may refer any complaint you have about the services provided to you if we cannot resolve or settle your complaint (to your satisfaction) within 8 weeks from the date you first make the complaint.

FSCS or Financial Services Compensation Scheme

A statutory compensation fund from which you may be able to make a claim in the event that a regulated firm, such as A.S.K GENVA LIMITED the Product Provider, is unable or is likely to be unable to pay a claim against it.

HMRC

His Majesty's Revenue & Customs.

Previous tax year

Any previous period between 6th April and the following 5th April.

Terms

These Terms, which govern the relevant services provided to you by Askgenva Adviser Services Ltd (trading as Askgenva Securities Investment Trust) and the Product Provider and which form part of your agreement with each of them.

US person

Any United States citizen or other person who is resident in the United States.

1.0 General terms

1.1 Important information

In these Terms, references to "Askgenva Securities Investment Trust", "us", "our" and/or "we" means Askgenva Securities Investment Trust

In these Terms, reference to an "Askgenva Securities Investment Trust Account" means an account that we will open for you which will enable you to track your investments

This is our standard Terms of Business Agreement upon which we intend to rely (the "Terms"). These Terms contain important information regarding the services that we provide to you so, for your own benefit and protection, please read these Terms carefully before accepting them. If there is anything contained in these Terms that you do not understand, please do not hesitate to contact us using the chat function on the website. Alternatively, send us an email to info@askgenva.com and we will get back to you.

1.2 Your agreement with us

These Terms, together with (a) the information we have provided to you via our websites about our services and fees; and (b) the information you have provided to us via our website under these Terms in relation to your A.S.K GENVA LIMITED Account constitutes the agreement ("the Askgenva Securities Investment Trust Agreement") between you and us in the provision of our services to you. A.S.K GENVA LIMITED is authorised and regulated by the Financial Conduct Authority ("FCA")

1.3 Commencement and status of the Askgenva Securities Investment Trust agreement

The A.S.K GENVA LIMITED Agreement will be legally binding when you accept these Terms. However, we will only start to provide our services to you after we have notified you that your A.S.K GENVA LIMITED Account with us has been opened and, accordingly, those terms relating to your A.S.K GENVA LIMITED Account will only be applicable after that time. The A.S.K GENVA LIMITED Agreement has no minimum duration period.

The A.S.K GENVA LIMITED Agreement is governed by the laws of England and Wales. If any provision of the A.S.K GENVA LIMITED Agreement is or becomes invalid or unenforceable, the relevant provision will be treated as if it were not in the A.S.K GENVA LIMITED Agreement, and the remaining provisions will still be valid and enforceable.

2.0 How A.S.K GENVA LIMITED provides services

The A.S.K GENVA LIMITED account and the A.S.K GENVA LIMITED services

We will provide services (the "Askgenva Securities Investment Trust Services") to you in connection with the set up and operation of your A.S.K GENVA LIMITED Account. We will provide the A.S.K GENVA LIMITED Services to you in accordance with the Terms of the Askgenva Securities Investment Trust Agreement, all applicable laws and the FCA Rules and Guidance.

We will do our best to ensure the website and your A.S.K GENVA LIMITED Account is available and up and running for you to use at any time.

Your use of our website

In addition to the Terms set out here, you acknowledge and confirm your continuing agreement to our Privacy Policy and the website Terms relating to the use of our website (together, the "Data Terms"). If there are any terms contained in the Data Terms that are inconsistent with or conflict with the terms, conditions and provisions set out in these Terms then, the relevant term, condition or provision set out in these Terms shall prevail.

A.S.K GENVA LIMITED will provide you with security details to access your Askgenva Securities Investment Trust Account. You must keep these details safe and confidential and notify A.S.K GENVA LIMITED immediately if you think that someone else may know these details and/or may have unauthorised access to your Account (otherwise in accordance with these terms).

You must not undertake any action that could compromise the security or effective working of the Askgenva Securities Investment Trust Services. Any such action will be considered a material breach of these Terms.

You are responsible for monitoring your Askgenva Securities Investment Trust Account, ensuring that you read all messages that have been sent to you (whether through the notifications and messaging centres in the website, via the email address you have provided to us, or via any other means as agreed between us) and informing us if there is something wrong on your A.S.K GENVA LIMITED Account or you suspect that it has been subject to unauthorised use.

You may download or print information and documents that we provide to you strictly for personal use, provided that you keep all copyright and proprietary notices intact. You must not otherwise reproduce or distribute any material without our written consent.

You acknowledge and agree that all intellectual property rights in the website, all documents and related technology anywhere in the world belong to us or our licensors - you have no rights in or to the website, the documents and related technology other than the right to use each of them in accordance with these Terms and the Data Terms.

Client classification

We will treat you as a "retail client" and you will be afforded the highest level of regulatory protection available.

Retail investment products

The range of regulated financial services we can provide, through A.S.K GENVA LIMITED, includes Askgenva Securities Investment Trust Oil & Gas, Askgenva Securities Investment Trust Real Estates and A.S.K GENVA LIMITED Gold & Silver

Payment

We only accept payments through cryptocurrency.

Client money

All payments made through the A.S.K GENVA LIMITED portal go straight to the Product Provider, where they are held in a client money account until they are invested. The client money account is held with Barclays.

Client assets

Where applicable, contract notes and documents of title in respect of your investments or policies will be issued to you directly by A.S.K GENVA LIMITED

3.0 A.S.K GENVA LIMITED charges

Zero fees

4.0 Communications

We may communicate with you at any time about your account using the information you have given us, including, when appropriate, by telephone, SMS text message, by email, via the web portal.

It is your responsibility to ensure the contact information we have for you is up to date. In particular you must ensure we have a current and valid email address for you so we can notify you when important documents are delivered to you via the web portal. You accept where either we or the Product Provider are required to provide you with written notice then this will be given to you by means of electronic correspondence.

We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. Except for cases of negligence or where we have breached applicable law or the FCA Regulations, we will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our control.

We will record and monitor telephone conversations that we have with you for monitoring and record keeping purposes. We will store recordings for a period required by law, the FCA Rules or for as long as we consider necessary to be able to provide the A.S.K GENVA LIMITED Services to you, whilst complying with the General Data Protection Regulations (GDPR). In the event of a disagreement between you and us, we can give you a copy of our records on request. Please note that you cannot 'opt out' of communications being recorded as it is a regulatory requirement.

All communications in relation to the services provided under this Agreement will be in English.

5.0 Complaints

How to complain

Should you wish to complain please contact us via email: info@askgenva.com

6.0 Financial Services Compensation Scheme

We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim:

  • For most types of investment business arranging is covered for up to $8,250,000
  • Eligible deposits are covered up to $8,250,000

    7.0 Amendments to the A.S.K GENVA LIMITED agreement

    We may amend the A.S.K GENVA LIMITED Agreement:

    • if we are required to do so to comply with the FCA Rules, or any other applicable law or regulation;
    • to reflect changes in the costs and expenses that we incur (or reasonably expect to incur) in providing the services to you, including to take account of changes in the rates of inflation, taxes or interest;
    • to make these terms fairer to you or easier to understand, or to correct mistakes;
    • to reflect changes in market practice or conditions;
    • to enable us to make reasonable changes to the way we provide our services as a result of changes in the financial services sector, technology, or available products;
    • to reflect changes to our arrangements with the Product Provider or other Service providers; or
    • If we propose to make a change to these Terms that is not detrimental to you, we can make the change immediately. We will make information available to you about the change within 30 days of the change.

    If we make a change to these Terms that may be detrimental to you, we will provide you with at least 30 days' prior notice (unless we are required to make the change sooner, for example, for legal or regulatory reasons, in which case we will make information available about the change within 5 days of making the relevant change).

    If we make any change that is detrimental to you, you may notify us within 30 days from the date of such change to terminate your A.S.K GENVA LIMITED Agreement and close your A.S.K GENVA LIMITED Account without charge.

    8.0 Governing law

    The A.S.K GENVA LIMITED Agreement and the Product Provider Agreement and any dispute or claim arising out of or in connection with either of them (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.

    The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with either the A.S.K GENVA LIMITED Agreement or the Product Provider Agreement (including non-contractual disputes or claims).

    9.0 Third parties

    Except for any relevant Service Provider who may enforce, as applicable, provisions herein for a person who is not a party to this agreement cannot enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

    10.0 Summary of conflicts management

    Introduction

    A.S.K GENVA LIMITED is committed to maintaining the highest professional standards and, therefore, we endeavour to identify, consider and manage potential conflicts of interest to ensure that we treat all of our customers fairly and in accordance with relevant regulation and best practice guidelines.

    Nature of a conflict of interest

    In essence, a conflict of interest is a situation in which A.S.K GENVA LIMITED (or any of its personnel) finds itself in a position where its own interests conflict with the duties and obligations owed to its clients or, a situation in which A.S.K GENVA LIMITED's duty to one client conflicts with its duty to another.

    Identifying conflicts of interest

    For the purposes of identifying the types of conflict and potential conflicts that arise which may entail a material risk of damage to the interests of a client, we must take into account whether A.S.K GENVA LIMITED or its directors, employees or contractors ("Askgenva Securities Investment Trust Personnel") or any other person linked by control to A.S.K GENVA LIMITED:

    • is likely to make a financial gain, or avoid a financial loss, at the expense of a client;
    • has an interest in the outcome of a service provided to a client or transaction carried out on behalf of a client, which is distinct from the client's interest in that outcome;
    • has an incentive to favour the interest of another client or group of clients over the interests of the client;
    • carries on the same business as a client; or
    • receives or will receive from a person, other than a client, an inducement in relation to a service provided to the client, in the form of remuneration, goods or services.

      Protecting your personal information

      • To provide our services properly we'll need to collect information about your personal and financial circumstances. We take your privacy seriously and will only use your personal information to deliver our services.
      • Processing of your personal data is necessary for the performance of our contract for services with you and in meeting our obligations to preventing money laundering or terrorist financing. Generally, this is the lawful basis on which we intend to rely for the processing of your data. (Please see the reference to special categories of data below). Our policy is to gather and process only that personal data which is necessary for us to conduct our services appropriately with you and to prevent money laundering or terrorist financing.
      • We may engage the services of third-party providers of professional services in order to enhance the service we provide to you. These parties may also need to process your personal data in the performance of their contract with us. Your personal information may be transferred electronically (e.g. by email or over the internet) and we may contact you in future by what we believe to be the most appropriate means of communication at the time (e.g. telephone/ email /letter etc.).
      • The organisations to whom we may pass your details also have their own obligations to deal with your personal information appropriately. Sometimes a product or service may be administered from a country outside Europe. If this is the case, the firm must put a contract in place to ensure that your information is adequately protected.
      • We will issue you with our Privacy Notice. This is a separate document which provides more information about the nature of our personal data processing activities and includes details of our retention and deletion policies as well as your rights of access to the personal information that we hold on you.
      • If you are concerned about any aspect of our privacy arrangements please speak to us.