Terms and Conditions

Last updated: March 1, 2022

1.

Website Terms of Use

1.1

The information on this website (Website) has been prepared by 3iQ Corp (ARBN 655 771 010) (Corporate Authorised Representative no. [#] under AFSL [#]) (3iQ, we or our) in relation to the 3iQ CoinShares Bitcoin Feeder ETF and the 3iQ CoinShares Ether Feeder ETF (Fund and together the Funds). 3iQ is the investment manager of the Funds. The Trust Company (RE Services) Limited ABN 45 003 278 831, AFSL 235 150 (Perpetual) is responsible entity of, and issuer of units in, the Funds. The inception date of the Funds are [#].

1.2

3iQ maintains this website for general information and convenience purposes.  This document sets out the terms and conditions that govern the use of this Website (Terms).  Please review these Terms carefully, especially the disclaimer and limitation of liability sections.  By accessing this Website (other than to read these Terms for the first time) and continuing to use this Website, you accept and agree to these Terms.  You must not use this Website if you do not agree with these Terms.

2.

Wholesale Investors and Advisers Only

2.1

The information contained on this Website is intended solely for persons who are wholesale clients within the meaning of section 761G of the Corporations Act 2001 (Cth) (Wholesale Client). By accessing and using this Website, you confirm that you are:

(a)

a Wholesale Client; or

(b)

a financial adviser,
and by accessing this Website, you will not contravene, or cause 3iQ or any of its affiliates to contravene, any law that seeks to regulate financial services or products in Australia or any other country and you accept and agree to these Terms.

3.

Use of this Website

3.1

You are responsible for all of your activity in connection with accessing and using this Website.  You must not use this Website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority.  You must not distribute through this Website any inappropriate communication or any virus or other disabling code in any form.

3.2

Where access to restricted parts of this Website is subject to more specific terms, those terms apply in addition to these Terms.

3.3

You must not bypass any security mechanisms imposed by this Website, or tamper with, hinder the operation of or make unauthorised access or modifications to this Website.

4.

General Information only – Not Financial Advice

4.1

The information on this Website is provided for general information purposes and may include general advice but does take into account any investors’ individual circumstances, financial objectives or needs and does not purport to provide comprehensive information about any matter.

4.2

Before acting on the information on this Website or deciding whether to acquire or hold a product you should consider the product disclosure statement (PDS) for the relevant Fund and consider its appropriateness with a financial advisor. You should also consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications of making an investment in a Fund. The PDSs are available on this website.

4.3

An investment in a Fund is subject to investment risk including possible delays in repayment and loss of income and principal invested. 3iQ does not guarantee the performance of any Fund or the repayment of capital or any particular rate of return. Past performance is not an indication of future performance. The information is not an invitation to enter into any legal agreement of any kind. No statement or information in this website constitutes a recommendation, offer or invitation to invest in any investments, securities or products of 3iQ.

5.

Authorised Participants vs Other Investors

5.1

While all investors should consider the relevant Fund PDS prior to investing, only investors who are authorised as trading participants under the Cboe Australia Operating Rules (‘Authorised Participants’) may invest through the relevant PDS. Other investors may acquire units in Funds on Cboe Australia through a stockbroker, financial adviser or online broker.

5.2

Units may normally only be acquired and redeemed directly from a Fund by persons called “Authorised Participants”. All other persons may acquire and dispose of units on Cboe Australia via a stockbroker, financial adviser or online broker. Transaction costs (including brokerage fees or commissions) may be incurred when buying or selling units in a Fund on Cboe Australia. Units in a Fund trade on Cboe at market prices current at the time of trade, not, NAV.

6.

Disclaimers relating to the Website

6.1

We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free.  We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.

6.2

While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on this Website.  The use of this Website is at your own risk.  Information may change without notice.  Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance.

6.3

To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use.

6.4

To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Materials, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.

7.

Cookies and other tools

7.1

We may collect aggregated information about how users use the Website, including in some cases through the use of cookies and other similar tools. We use these tools to measure traffic patterns, obtain session recordings and similar functions, which allows us to determine which areas of our Website have been visited and to measure interaction patterns by the user. We use this to research our users’ habits so that we can improve our online information and education. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

7.2

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

8.

Third Party Content

8.1

This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other websites (Third Party Material).  We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability).  Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.

9.

Security

9.1

We take reasonable steps to protect the information that you transmit using this Website.  However, we cannot guarantee the security of any information that you transmit to us using this Website.  Therefore, any information you transmit using this Website is transmitted at your own risk.  When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.

10.

Intellectual Property

10.1

Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on this Website.  We authorise you on a non-exclusive basis to reproduce and download the materials solely for personal use.  Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

10.2

All names, logos and trade marks on this Website are the property of their respective owners.  Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

11.

Privacy

11.1

We may collect your personal information through this Website.  By continuing to use this Website you consent to your personal information being collected, used and disclosed in accordance with these Terms and our privacy policy.  You must not submit the personal information of another person, unless that person has read, understood and accepted these Terms and our privacy policy.

11.2

Our privacy policy contains information about how we collect, hold, store and use your personal information and how you may access any personal information we hold about you. For more information please refer to our Privacy Policy available at https://3iq-au.com/3iq-corp-privacy-policy/

12.

General

12.1

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

12.2

To the extent permitted by law, we may change these Terms at any time.  Please check these Terms at regular intervals for any changes.  In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.
Fred Pye

Frederick T. Pye

CHAIRMAN, CHIEF EXECUTIVE OFFICER & DIRECTOR

Frederick T. Pye is the Chairman, Chief Executive Officer and Director of 3iQ Corp. He is also the Chairman and Director of 3iQ Digital Holdings Inc. Mr. Pye is recognized for creating and promoting creative and unique investment products for the investment industry.

Mr. Pye has managed private client portfolios with Landry Investment Management and various other investment dealers. Prior to this Mr. Pye was Founder, President & Chief Executive Officer of Argentum Management and Research Corporation, a company dedicated to managing and distributing quantitative investment portfolios including the first long-short mutual fund in Canada.

He was also Senior Vice-President and National Sales Manager of Fidelity Investments Canada and an integral part of the team that saw assets rise from $80 million to over $7.5 billion in assets under management during his tenure. He also held various positions with Guardian Trust Company, which listed the first Gold, Silver and Platinum Certificates on the Montreal Exchange.

Mr. Pye obtained a Masters in Business Administration from Concordia University.