Enhanced Investment Management Limited
Registered Office: Yat Chau International Plaza, 118 Connaught Road West, Sai Ying Pun, Hong Kong
Company Registration (CR) No.: 1559894
Date of Incorporation: 08-FEB-2011
Effective Date: October 1, 2023
IMPORTANT NOTICE: Please read these Terms & Conditions carefully. By accessing, browsing, or using the services provided by Enhanced Investment Management Limited ("EIML," "we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, Risk Disclosure Statements, and any other policies or agreements referenced herein. If you do not agree to these Terms & Conditions, you must not use our services.
1.1. Enhanced Investment Management Limited (EIML) is a financial/brokerage firm based in Hong Kong. We provide investment management, brokerage services, financial advisory, securities trading, etc, to clients globally, subject to applicable laws and regulations in each jurisdiction.
1.2. These Terms & Conditions govern your relationship with EIML concerning the opening, maintenance, and operation of your account(s) and your use of our services.
1.3. Our services are available only to individuals and entities who can form legally binding contracts under applicable law. By using our services, you represent and warrant that you are of legal age and have the legal capacity to enter into this agreement.
1.4. International Reach: While EIML is based in Hong Kong, we acknowledge and endeavor to comply with relevant financial services regulations and consumer protection laws in jurisdictions where we actively solicit or provide services, including but not limited to the USA, UK, Europe (EU/EEA), Australia, and Southeast Asia. However, clients acknowledge that the primary governing law of this Agreement is that of Hong Kong, subject to specific carve-outs or superseding regulations as detailed herein.
2.1. EIML is regulated by the Securities and Futures Commission (SFC) in Hong Kong. Our SFC-licensed principal is BBM607. Our Company Registration (CR) No. is 1559894, and our Business Registration No. is 53728093. We were incorporated on 08-FEB-2011.
2.2. Clients acknowledge that EIML's services are provided subject to the regulatory requirements of Hong Kong. While we strive to operate in compliance with international best practices and certain foreign regulatory principles, clients in other jurisdictions may be subject to additional or different regulatory protections, or lack certain protections available in their home jurisdiction.
2.3. Jurisdictional Disclaimer: EIML does not represent that the services are appropriate or available for use in all jurisdictions. Clients accessing our services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws and regulations, including but not limited to those related to financial services, securities, foreign exchange, and taxation. EIML may, at its sole discretion, restrict or refuse services to clients in certain jurisdictions due to regulatory or legal constraints.
3.1. To open an account with EIML, you must complete our account opening forms, provide all requested documentation, and satisfy our due diligence and "Know Your Client" (KYC) / Anti-Money Laundering (AML) / Counter-Terrorist Financing (CTF) requirements. This includes, but is not limited to, providing accurate and up-to-date personal identification, address verification, and financial information.
3.2. EIML reserves the right to accept or reject any application for an account at its sole discretion, without providing reasons.
3.3. You warrant that all information provided by you during the account opening process and throughout the duration of your relationship with EIML is true, accurate, complete, and not misleading. You undertake to promptly update EIML of any changes to your information.
3.4. Beneficial Ownership: You confirm that the account is operated for your sole benefit unless explicitly disclosed to and agreed upon by EIML in writing. Where you are acting on behalf of a third party, you agree to provide all necessary beneficial ownership information as required by EIML and applicable laws.
4.1. EIML offers various financial services, which may include:
4.2. The specific terms and conditions for each service or financial product may be detailed in separate agreements, annexes, or schedules (e.g., Investment Management Agreement, Product Specific Terms), which shall form part of this overarching agreement. In case of conflict, the specific terms will generally prevail for that service or product.
4.3. Order Execution: EIML will endeavor to execute your orders promptly and on the best available terms, taking into account price, cost, speed, likelihood of execution and settlement, size, and nature of the order, or any other consideration relevant to the execution of the order. You acknowledge that EIML may use affiliated or third-party brokers, custodians, or other service providers for order execution, clearing, settlement, and safekeeping of assets.
4.4. Advice: Unless expressly agreed otherwise in a separate written agreement (e.g., an Investment Management Agreement or Financial Advisory Agreement), EIML provides execution-only services and does not provide personal investment advice, tax advice, or legal advice. Any information or market commentary provided by EIML is for informational purposes only and does not constitute a recommendation or solicitation to buy or sell any financial product.
5.1. Accuracy of Information: You are solely responsible for ensuring the accuracy and completeness of all instructions, information, and documents provided to EIML. EIML is not liable for any losses arising from inaccurate or incomplete information or instructions provided by you.
5.2. Understanding Risks: You acknowledge and understand the inherent risks associated with financial investments, including but not limited to market risk, liquidity risk, credit risk, currency risk, interest rate risk, and operational risk. You agree that you have read and understood all applicable Risk Disclosure Statements provided by EIML.
5.3. Funding Your Account: You are responsible for ensuring that your account has sufficient funds or assets to cover all transactions, fees, and charges. EIML reserves the right to refuse to execute any order if your account has insufficient funds or if such execution would result in a margin call or a breach of any EIML policy.
5.4. Cybersecurity and Account Security: You are responsible for maintaining the confidentiality of your account login details, passwords, and any other security credentials. You must notify EIML immediately of any unauthorized access to your account or any suspected security breaches. EIML will not be liable for any loss arising from your failure to protect your account security credentials.
5.5. Compliance with Laws: You agree to comply with all applicable laws, regulations, and rules in your jurisdiction, including those related to taxation, foreign exchange, anti-money laundering, and securities trading.
6.1. You agree to pay all fees and charges associated with our services, as may be set out in our fee schedule, separate agreements, or as communicated to you from time to time. EIML reserves the right to amend its fee schedule upon prior notice to you.
6.2. EIML may deduct fees, commissions, and charges directly from your account.
6.3. Taxes: You are solely responsible for all taxes, duties, and levies imposed by any governmental authority in connection with your investments and transactions, including but not limited to income tax, capital gains tax, and stamp duty. EIML may be required by law to withhold taxes from your account or report information to tax authorities. EIML does not provide tax advice.
7.1. Investing in financial products carries inherent risks, and the value of investments can fluctuate. You may lose all or a substantial portion of your investment. Past performance is not indicative of future results.
7.2. You acknowledge that EIML has provided you with, and you have read and understood, the comprehensive Risk Disclosure Statement(s), which highlight the specific risks associated with various financial products and services. These may include:
7.3. You acknowledge that you have assessed your own financial situation, investment objectives, and risk tolerance before making any investment decisions.
8.1. All content, trademarks, service marks, logos, and other intellectual property displayed on EIML's website and used in connection with its services are the property of EIML or its licensors. You are not permitted to use any of these intellectual properties without EIML's prior written consent.
8.2. You may not copy, reproduce, distribute, or create derivative works from any content provided by EIML without express written permission.
9.1. EIML collects, processes, and stores your personal data in accordance with its Privacy Policy. By using our services, you consent to such collection, processing, and storage.
9.2. EIML will take reasonable measures to protect your personal data, but you acknowledge that no data transmission over the internet or electronic storage method is 100% secure.
9.3. International Data Transfer: You acknowledge and consent that your personal data may be transferred to, stored, and processed by EIML affiliates, third-party service providers, and regulatory authorities in jurisdictions outside of your home country, including but not limited to Hong Kong, USA, UK, Europe, Australia, and Southeast Asia, for the purposes of providing services, complying with legal obligations, and for EIML's legitimate business interests. EIML will endeavor to ensure that such transfers comply with applicable data protection laws.
9.4. EIML adheres to the principles of the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong. Where applicable, EIML also considers principles from international data protection regimes such as the GDPR (Europe) and other relevant privacy acts (e.g., CCPA in USA for certain circumstances, Australian Privacy Principles).
10.1. No Warranty: EIML provides its services on an "as-is" and "as-available" basis. EIML makes no warranties, express or implied, regarding the services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information.
10.2. Limitation of Liability: To the maximum extent permitted by applicable law, EIML, its directors, officers, employees, affiliates, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
10.3. In no event shall EIML's total liability to you for all damages, losses, and causes of action exceed the total fees paid by you to EIML in the preceding 12 months, or specific period or a client specific cap amount, whichever is lower, unless otherwise mandated by specific consumer protection laws in relevant jurisdictions (e.g., certain financial services compensation schemes).
10.4. Nothing in these Terms & Conditions shall exclude or limit liability for fraud, gross negligence, willful default, or any other liability that cannot be excluded or limited under applicable law.
11.1. You agree to indemnify, defend, and hold harmless EIML, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in any way connected with:
12.1. EIML may terminate or suspend your access to all or part of the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms & Conditions.
12.2. You may terminate your account by providing EIML with 30 days' written notice, subject to the settlement of all outstanding obligations and closure of all open positions.
12.3. Upon termination, your right to use the services will immediately cease. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
13.2. You agree that any legal action or proceeding arising out of or relating to these Terms & Conditions or the services shall be exclusively brought in the courts of Hong Kong. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
13.3. Cross-Jurisdictional Considerations:
13.4. Enforceability: The enforceability of judgments obtained in Hong Kong in other jurisdictions will depend on the laws of those jurisdictions.
14.1. In the event of any dispute, controversy, or claim arising out of or relating to these Terms & Conditions or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the dispute amicably through good faith negotiations.
14.2. Complaints Procedure: If you have a complaint regarding our services, you must follow our formal complaints procedure, which is available on our website or upon request. EIML will acknowledge receipt of your complaint and endeavor to resolve it promptly and fairly.
14.3. If the dispute cannot be resolved amicably within 30 days, either party may submit the dispute to binding arbitration in Hong Kong in accordance with the rules of the Hong Kong International Arbitration Centre (HKIAC). The language of the arbitration shall be English.
14.4. Nothing in this clause shall prevent EIML from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to enforce any urgent remedies.
15.1. If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
16.1. These Terms & Conditions, together with our Privacy Policy, Risk Disclosure Statements, and any other expressly referenced agreements, constitute the entire agreement between you and EIML regarding the services and supersede all prior or contemporaneous understandings, agreements, communications, and representations, whether oral or written.
17.1. EIML reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
17.2. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the services.
18.1. You may not assign or transfer any of your rights or obligations under these Terms & Conditions without the prior written consent of EIML.
18.2. EIML may assign or transfer its rights and obligations under these Terms & Conditions, in whole or in part, to any third party at any time without notice to you.
19.1. No waiver by EIML of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EIML to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
20.1. If you have any questions about these Terms & Conditions, please contact us at:
Email: info@enhancedinvestments.com
Telephone: +852 5803 0496
Address: Yat Chau International Plaza, 118 Connaught Road West, Sai Ying Pun, Hong Kong