The Portal provides Investors with (i) details of potential investment opportunities (each an “Investment Opportunity”); and (ii) details of an Investor’s existing investments with ASK (“Investments”) including access to quarterly transaction updates, interest statements and transaction documents. Investment Opportunities are only available once you have been accepted by ASK as an Investor.
1. Becoming an Investor
1.1. Investments are only available to persons who fall within certain categories, being:
1.1.1. investment professionals, as defined for the purposes of article 19 of the Financial Services and Markets Act 2000 (Financial Promotion Order) 2005 (`FPO`);
1.1.2. entities of any kind qualified by the various provisions of article 49 FPO;
1.1.3. the director, officer or employee of any person in (1) or (2) above who is responsible for that entity’s investments and is approached in that capacity; or
1.1.4. a certified high net worth individual for the purposes of article 48 FPO.
1.3. The ASK approval process includes you completing our anti-money laundering and client onboarding process. We reserve the right to reject applications on such grounds as we see fit, including, without limitation, your knowledge and understanding of investing, your financial status or the jurisdiction in which you live or are a citizen. We may also suspend your Investor status at any time if we believe it is appropriate in order to comply with our legal or regulatory obligations.
1.4. You are responsible for all activity on the Portal by anyone using your account. If you authorise an agent, family member or employee to use your Portal account you will be responsible for their activity on the Portal. Any breach of security, loss, theft or unauthorised use of your security details must be notified to us immediately. We reserve the right not to act on your instructions where we suspect that the person logged into your Portal account is not you or we suspect illegal or fraudulent activity or unauthorised use.
1.5. You should be aware that no Investor has access to the Financial Ombudsman Service or the Financial Services Compensation Scheme in relation to any Investment participated in.
2. Investment Opportunities
2.1. You shall not use any information contained on the Portal in relation to an Investment Opportunity except for the purposes of considering that Investment Opportunity. You may not use, reproduce, modify or distribute any content contained on the Portal for (i) any commercial purposes, (ii) in any way that might compete with or cause detriment to ASK’s business, or (iii) for any purpose which is unlawful.
2.2. Any information contained on the Portal in relation to an Investment Opportunity or an existing Investment is confidential and must not be disclosed or distributed to any third party except with ASK’s prior written consent. You may, however, disclose such information to your external advisors (including without limitation your accountant, solicitor or financial advisor) on a confidential basis and for the purpose of advising you on that Investment Opportunity or Investment only.
2.3. We do not provide investment advice, legal advice or tax advice and we will not assess the suitability of an Investment in the context of any Investor’s personal circumstances. You are responsible for making your own investment decisions and you should seek professional advice if required.
2.4. No representation is made by ASK as to the accuracy or completeness of any information on the Portal.
3. Making an Investment
3.1. If you wish to participate in an Investment Opportunity, you will need to express your interest by specifying the size of the Investment you wish to make, using the guidance on the Portal to do so.
3.2. Whether we choose to accept your application to invest will be at ASK’s absolute discretion. For example, we may reject your application because the Investment Opportunity is over-subscribed.
3.3. If we accept your application to Invest in an Investment Opportunity, we will provide you with bank account details into which you should transfer your participation amount and provide you with further information on that Investment Opportunity as and when available and any procedures for completion of the Investment.
3.4. Further terms and conditions may be applicable to particular Investment Opportunities and these will be notified to you in the investment materials provided.
4. Selling an Investment
4.1. There is no established secondary market for Investments available through the Portal and so you should expect to hold your Investment until the relevant redemption date for that Investment or longer in the event that ASK agrees to extend the redemption date for an Investment, which ASK may be entitled to do under the terms of that Investment.
4.2. If you find a buyer for one of your Investments, you may sell them through us by providing us with details of the buyer. The buyer must also be registered as an ASK Investor in order for the Investment to be transferred to them
4.3. We may (but are not required to) offer an area on the Portal to assist Investors to buy and sell Investments amongst themselves.
4.4. Any payment made in connection with the transfer of Investments between Investors must be made through the relevant ASK bank account for that Investment.
4.5. We may charge fees for facilitating and registering transfers of Investments between Investors. Any fees will be notified to you in advance of completion of the transfer of an Investment.
5. Copyright and Trade Marks
5.1. ASK owns all present and future copyright, registered and unregistered trademarks, trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights existing in or relating to the Portal.
5.2. If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
6. Cookies and Privacy Policies