Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and NiolicFunds ("Company," "we," "our," or "us") governing your use of our website, services, and investment advisory platform.

These Terms supplement and incorporate by reference our:

• Privacy Policy
• Investment Advisory Agreement
• Risk Disclosure Statement
• Regulatory Disclosures
• Fee Schedule

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Account" means your investment account(s) established with NiolicFunds
• "Assets" means cash, securities, and other investments held in your Account
• "Client Portal" means our secure online platform for account access and management
• "Investment Plan" means the specific investment strategy and portfolio allocation chosen by you
• "Services" means investment advisory, portfolio management, and related financial services
• "Platform" means our website, applications, and digital infrastructure
• "Regulatory Authorities" means applicable financial regulatory bodies and oversight agencies

3. Description of Services

3.1 Investment Advisory Services

NiolicFunds provides discretionary and non-discretionary investment advisory services, including:

• Portfolio management and asset allocation
• Investment planning and strategy development
• Risk assessment and suitability analysis
• Investment research and market analysis
• Performance monitoring and reporting

3.2 Investment Focus Areas

Our investment strategies focus on:

• Oil & Gas investments and energy sector opportunities
• Real Estate investment trusts and property portfolios
• Energy Infrastructure and renewable energy projects
• Private Equity and growth capital investments
• International Markets and global diversification
• Aerospace Titanium and specialty materials ventures

3.3 Technology Platform

We provide a secure online platform offering:

• Account access and portfolio viewing
• Investment plan selection and management
• Performance reporting and analytics
• Document storage and retrieval
• Communication tools and support features

4. Eligibility and Account Registration

4.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have legal capacity to enter into binding agreements
• Provide accurate and complete registration information
• Meet minimum investment thresholds as specified
• Pass identity verification and suitability assessments
• Comply with applicable laws and regulations

4.2 Account Registration Process

Account registration requires:

• Completion of our client application form
• Submission of required identification documents
• Financial information and investment experience disclosure
• Risk tolerance and investment objective assessment
• Acknowledgment of all regulatory disclosures
• Initial funding of your investment account

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Notifying us immediately of any unauthorized access
• Using strong passwords and enabling two-factor authentication
• Keeping your contact information current and accurate
• Regularly monitoring your account for suspicious activity

5. Investment Advisory Services

5.1 Fiduciary Duty

As a registered investment advisor, we acknowledge our fiduciary duty to act in your best interests when providing investment advice and managing your portfolio.

5.2 Investment Plans and Strategies

We offer various investment plans with different:

• Minimum and maximum investment amounts
• Expected return profiles and risk levels
• Investment terms and lock-in periods
• Fee structures and payment schedules
• Liquidity provisions and withdrawal terms

5.3 Suitability and Best Interest Standards

All investment recommendations are based on:

• Your financial situation and investment capacity
• Investment objectives and time horizon
• Risk tolerance and experience level
• Liquidity needs and other constraints
• Ongoing suitability monitoring and review

5.4 Investment Discretion

Where granted discretionary authority, we may:

• Buy and sell investments without prior consultation
• Allocate assets among different investment strategies
• Rebalance portfolios to maintain target allocations
• Make tactical adjustments based on market conditions

6. Client Obligations and Responsibilities

6.1 Information Accuracy

You must:

• Provide accurate and complete information during registration
• Update your information promptly when circumstances change
• Notify us of changes in financial situation or investment objectives
• Respond to our requests for information in a timely manner
• Review and confirm the accuracy of account statements

6.2 Legal Compliance

You agree to:

• Comply with all applicable laws and regulations
• Not use our services for illegal or prohibited purposes
• Meet all tax reporting and payment obligations
• Cooperate with regulatory investigations if required
• Maintain the confidentiality of non-public information

6.3 Investment Understanding

You acknowledge that you:

• Understand the risks associated with investing
• Have reviewed all investment plan terms and conditions
• Accept responsibility for investment decisions and outcomes
• Will seek independent advice if needed
• Understand that past performance does not guarantee future results

7. Fees and Charges

7.1 Management Fees

We charge management fees based on:

• Assets under management in your account
• The specific investment plan selected
• Fee schedule disclosed at account opening
• Periodic adjustments with advance notice

7.2 Performance Fees

Certain investment plans may include performance-based fees:

• Calculated as a percentage of returns above specified benchmarks
• Subject to high-water mark provisions
• Disclosed in advance with calculation methodologies
• Payable at specified intervals

7.3 Other Charges

Additional fees may apply for:

• Wire transfers and payment processing
• Expedited withdrawal requests
• Account maintenance and administrative services
• Third-party custodial and clearing fees
• Regulatory compliance and reporting costs

7.4 Fee Calculation and Payment

Fees are:

• Calculated and deducted automatically from your account
• Detailed in quarterly account statements
• Subject to adjustment for partial periods
• Refundable on a pro-rata basis for early termination

8. Investment Risks and Disclaimers

8.1 General Investment Risks

• Market Risk: Fluctuations in market prices and economic conditions
• Credit Risk: Default risk of borrowers and counterparties
• Liquidity Risk: Difficulty selling investments at desired prices
• Interest Rate Risk: Impact of changing interest rates on investment values
• Inflation Risk: Erosion of purchasing power over time
• Currency Risk: Exchange rate fluctuations for international investments

8.2 Sector-Specific Risks

• Energy Sector: Commodity price volatility, regulatory changes, environmental factors
• Real Estate: Property value fluctuations, occupancy rates, interest rate sensitivity
• Private Equity: Illiquidity, leverage risk, operational complexity
• International: Political risk, regulatory differences, currency exposure

8.3 Technology and Operational Risks

• System failures and technology disruptions
• Cybersecurity threats and data breaches
• Operational errors and processing delays
• Third-party service provider failures

8.4 No Guarantees

We do not guarantee:

• Investment returns or performance outcomes
• Preservation of capital or principal amounts
• Liquidity or ability to withdraw funds on demand
• Continuous availability of our platform or services
• Accuracy of third-party information or market data

9. Prohibited Uses

You may not use our services for:

• Money laundering or terrorist financing activities
• Fraud, manipulation, or deceptive practices
• Violations of securities laws or regulations
• Tax evasion or illegal tax planning schemes
• Unauthorized access to other users' accounts
• Transmission of malware or harmful code
• Interference with platform operations or security
• Commercial use without our written consent
• Activities that violate applicable laws or regulations

10. Intellectual Property Rights

10.1 Our Intellectual Property

We own all rights to:

• Website content, design, and functionality
• Software, algorithms, and proprietary systems
• Investment research and analytical models
• Trademarks, logos, and brand elements
• Documentation and educational materials

10.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our platform and services for your personal investment purposes only.

10.3 Restrictions

You may not:

• Copy, modify, or distribute our proprietary content
• Reverse engineer or attempt to extract source code
• Use our intellectual property for competing services
• Remove or alter copyright or trademark notices
• Create derivative works without written permission

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11.1 Consent to Data Processing

By using our services, you consent to our processing of your personal information for:

• Providing investment advisory services
• Regulatory compliance and reporting
• Risk management and fraud prevention
• Communication and customer service
• Service improvement and analytics

11.2 Data Security

We implement industry-standard security measures to protect your information, but cannot guarantee absolute security against all threats.

11.3 Third-Party Sharing

We may share your information with service providers, regulatory authorities, and as otherwise described in our Privacy Policy.

12. Limitation of Liability

12.1 Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, whether express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy or completeness of information
• Uninterrupted or error-free service operation
• Security or protection against unauthorized access

12.2 Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Damages exceeding fees paid to us in the preceding 12 months
• Investment losses or poor performance
• Third-party actions or omissions

12.3 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, or system failures.

13. Indemnification

You agree to indemnify and hold harmless NiolicFunds, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms or applicable laws
• Your use of our services or platform
• Inaccurate or incomplete information you provide
• Your investment decisions and their consequences
• Third-party claims related to your account or activities

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Providing written notice of termination
• Liquidating all investments and positions
• Withdrawing all account funds
• Completing required documentation

14.2 Termination by Us

We may terminate your account immediately for:

• Violation of these Terms or applicable laws
• Fraudulent or suspicious activity
• Failure to meet minimum account requirements
• Non-payment of fees or charges
• Regulatory or compliance concerns

14.3 Effect of Termination

Upon termination:

• Your access to our platform will be suspended
• Outstanding fees and charges become immediately due
• We will liquidate positions and return funds as soon as practicable
• Confidentiality and indemnification obligations survive

15. Dispute Resolution

15.1 Initial Resolution Process

For any disputes, you agree to first contact our customer service team to attempt informal resolution.

15.2 Mediation

If informal resolution fails, disputes will be submitted to binding mediation before a qualified mediator.

15.3 Arbitration

If mediation is unsuccessful, disputes will be resolved through binding arbitration administered by a recognized arbitration organization.

15.4 Class Action Waiver

You waive the right to participate in class action lawsuits against us.

15.5 Regulatory Complaints

You may also file complaints with relevant regulatory authorities or financial ombudsman services.

16. Regulatory Compliance

16.1 Registration and Licensing

NiolicFunds is registered as an investment advisor and complies with applicable securities laws and regulations.

16.2 Regulatory Reporting

We may be required to report information about your account and transactions to regulatory authorities.

16.3 Anti-Money Laundering

We maintain comprehensive AML and KYC procedures to prevent financial crimes and ensure regulatory compliance.

16.4 Tax Reporting

We will provide required tax reporting documents and may report certain information to tax authorities.

17. Force Majeure

We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including:

• Natural disasters and extreme weather events
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Labor strikes or work stoppages
• Technology failures or cyber attacks
• Pandemics or public health emergencies

18. Modifications to Terms

We may modify these Terms from time to time. When we do:

• We will post the updated Terms on our website
• We will update the "Last Updated" date
• We will notify you of material changes via email or platform notice
• Continued use of our services constitutes acceptance of modified Terms
• If you disagree with changes, you may terminate your account

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles. Any legal action or proceeding must be brought in the courts of New South Wales, Australia.

21. Contact Information

For questions about these Terms, legal matters, or to report violations, please contact our Legal Department using the information above.