Legal & Regulatory
Terms and Conditions of Use
By accessing or using this website (the “Site”) of Phoenix Property
Investors Limited (together with its subsidiaries and affiliates,
“Phoenix” or “we”), you hereby accept and agree to be bound by the
following terms and conditions of use (the “Terms”). Phoenix retains
the right to make changes to the Site, including the Terms, at any
time. You acknowledge that you understand that the Terms constitute
a binding agreement between you and Phoenix that governs your access
and use of the Site. Each time you use the Site, your use indicates
your full acceptance of and agreement to abide by the Terms in their
current form. If you do not agree to the Terms, you agree that your
SOLE AND EXCLUSIVE remedy is to discontinue using the Site.
1. Purpose of the Site
The Site, including any and all information and content on the Site
(the “Information”), is made available to you solely for
informational purposes. Nothing on this Site is or should be used or
considered as an offer to sell or a solicitation of any offer to
invest in any Phoenix fund. Offers can only be made where lawful
under, and in compliance with, applicable law.
The Site is maintained by an affiliate of Phoenix located in the
Hong Kong Special Administrative Region (“Hong Kong”) of People’s
Republic of China (“China”). Although it may be accessed from any
other parts of China as well as from any other countries, the Site
is not directed to any person in any applicable jurisdiction where
the availability of the Site is restricted or prohibited. Phoenix
makes no representations that the information and materials on the
Site are appropriate for use in all jurisdictions in which the Site
may be accessible, or that anything mentioned on the Site is
available to or indeed appropriate for sale or use in all
jurisdictions by any investors or other potential clients or users.
By accessing this Site, you agree that you are doing so at your own
initiative and are solely responsible for compliance with local laws
or regulations.
2. Limited Authorization to Use Protected Material
Subject to your agreement to the Terms, Phoenix grants you limited
permission to use the Site, including posting, downloading and
reproducing certain information from the Site, solely for your own
non-commercial use. You must retain and reproduce each copyright
notice or other proprietary right notice, if any, contained in any
of the Information you post, download or reproduce. No right, title
or interest in any downloaded information or material is transferred
to you as a result of any use.
3. No Warranty; No Reliance; and Limitation of Liability
Phoenix makes reasonable efforts to ensure the Information is
accurate and updated. By using the Site, you expressly agree that
the information and sources are provided “as is” without warranties
of any kind, either expressed or implied. Neither Phoenix nor its
affiliates warrant the accuracy, integrity, completeness,
availability or timeliness of the Information provided in the Site
now or in the future. Phoenix, its directors, officers, employees
and other associates specifically disclaim all warranties, whether
expressed or implied.
Certain information on the Site may contain forward-looking
statements, which are subject to risks and uncertainties and speak
as of the date on which they are made. Phoenix undertakes no
obligation to update publicly or revise any information herein,
whether as a result of new information, future developments or
otherwise. As relevant, past performance is not indicative of future
results; no representation is being made that any investment will or
is likely to achieve profits or losses similar to those achieved in
the past, or that similar losses will be avoided.
The Site may be subject to technical delays or failures, virus
infection, hacking attacks or other internet problems beyond
Phoenix’s reasonable control. Phoenix specifically disclaims any
liability for any damage or loss, direct or indirect, resulting from
such technical problems that may affect computer equipment or other
personal property during your use of the Site.
Under no circumstances will Phoenix or its directors, officers,
employees, and other associates be liable to you or anyone else for
any direct, incidental, special, consequential, punitive or other
indirect damages. The foregoing limitation of liability will apply
in any action, whether in contract, tort or other claims (including
negligence and strict liability) resulting from the performance or
any failure to perform under these Terms, even if Phoenix has been
advised of the possibility of such damages.
4. Privacy
Phoenix takes your privacy seriously. Our Privacy Policy, which is
contained on the Site, explains how Phoenix handles any personal
data that you submit to the Site. Please read our Privacy Policy
carefully. By accessing the Site, you hereby accept and agree to
comply with our Privacy Policy. Note that third party websites
linked from the Site, if any, have their own privacy policies which
may differ from our Privacy Policy. You are responsible for
reviewing the privacy policies of these third party websites to
determine if such privacy policies are acceptable to you.
Phoenix reserves the right to change our Privacy Policy without
prior notice. You are responsible for periodically reviewing our
Privacy Policy. Your continued use of this Site will be deemed
acceptance of our Private Policy then in effect.
5. Non-proprietary Treatment of Information You Provide
Any communication you make with Phoenix using the Site and any
information you provide to Phoenix through the Site will be treated
as non-proprietary. Phoenix will be free to use any idea, concept,
invention or any other information that you provide and transmit to
Phoenix via the Site, notwithstanding any restrictive language you
may have included together or separately with such information when
you transmit it to Phoenix. If you do not want Phoenix to use such
information of yours unless it pays you a fee or agrees to certain
terms, please DO NOT transmit it to Phoenix through the Site.
6. Non-Solicitation
Material presented in the Site is for general information only and
is not intended to provide specific investment advice or
recommendations for any purchase or sale of any specific security.
Due to, among other things, the volatile nature of the markets and
the investment areas discussed herein, they may only be suitable for
certain investors. Parties should independently investigate any
investment area or manager, and should consult with qualified
investment, legal, and tax professionals before making any
investment. Any offer of securities may be made only by means of a
formal confidential private offering memorandum.
7. Links to Third Party Sites
References on this Site to any third parties information or links to
third party websites are provided solely as a convenience to you,
and do not in any way constitute our endorsement, sponsorship or
recommendation of such third party or represent the accuracy or
appropriateness of such the content.
No permission is hereby granted to you to link from any other
website to any portion of this Site, or to frame any content
contained on this Site without our prior written permission.
8. Indemnification
As a condition of your use of the Site, you agree to indemnify and
hold harmless Phoenix and its directors, officers, employees and
other associates from and against any and all claims, losses,
liability, costs and expenses (including but not limited to
attorney’s fees), as incurred, arising from your use of the Site or
related services or from your violation of the Terms or our Privacy
Policy.
9. Governing Law; Dispute Resolution; Statute of Limitation; and
Language
By accessing the Site, you agree that any claim or dispute related
to access to, or use of, the Site or arising under the Terms will be
governed by the laws of Hong Kong, without regard to the conflicts
of law principals thereof. You also agree that by accessing the Site
you shall submit to the exclusive personal jurisdiction and venue of
the courts of Hong Kong relating to any claim or dispute in the
foregoing.
Your use of the Site is void where prohibited by laws in
jurisdictions to which you are otherwise subject, and you agree that
you shall not visit or use the Site under any such circumstances.
You agree and acknowledge that your use of the Site, and all
transactions occurring in connection with the Site, will be deemed
to have occurred and taken place solely in Hong Kong.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
service or the Terms must be filed within one year after such claim
or cause of action arose or be forever barred.
Content of the Site may be published in languages other than
English. In the event of any conflict between English and other
language versions, the English version shall prevail. You agree that
Phoenix shall have no liability for any incorrect or inaccurate
translation appearing on the Site or for any damage incurred by you.
10. Miscellaneous
The photos herein are for illustrative and general informational
purposes only, and may not be reproduced, redistributed or used by
you for any other purpose without Phoenix’s prior written consent.
The photos may be architectural rendering of the actual subject and
may be out of date, and no reliance may be placed for any purpose on
the said photos. Phoenix makes no representations, undertakings or
warranties of any kind, express or implied, about their adequacy,
completeness and accuracy.
Phoenix reserves the right to update or modify the Terms at any time
without prior notice. If Phoenix determines in its sole discretion
that a violation of the Terms has occurred, we may pursue any legal
remedies at our disposal. However, the failure of Phoenix to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. In the event that
any provision of the Terms is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
Nothing contained in the Terms is intended to modify or amend any
other written agreement you may have with Phoenix, if any, that may
currently be in effect. In the event of any inconsistency between
the Terms and such other agreements, such other agreement will
govern.
Phoenix is committed to providing the best possible experience for
users of this Site. If you observe any behavior that may violate the
Terms or any material that you believe may be infringing another’s
rights, please contact us at webmaster@ppinvestors.com or write to
the Web Master at Phoenix Property Investors, Suite 2806, 28th
Floor, West Tower, Shun Tak Centre, 168-200 Connaught Road Central,
Hong Kong.
11. AUM Methodology
*As of December 31, 2023, Phoenix has managed over US$14.7 billion¹ of gross real estate assets; comprised of
approximately US$7.2 billion of current assets (including approximately US$7.0 billion¹ of assets solely
managed by Phoenix and approximately US$0.2 billion¹ of assets co-managed by Phoenix and joint venture
partners); as well as approximately US$7.5 billion¹ of gross real estate assets sold or realized which are no
longer under management by Phoenix. This is the estimated market value of Phoenix Group’s current assets and
includes both equity (such as undrawn capital commitment, cash and cash equivalents, etc.) and debt (excluding
short-term loan or subscription line in the amount of approximately US$78.5 million).
¹The figures are rounded to the nearest tenths of a billion
Please note that Market Value is based on latest external
independent valuation, internal valuation, or initial invested
capital (i.e., acquisition price of target assets). For
newly-acquired assets, Phoenix Group uses the valuation provided by
banks that finance the said acquisition. Notwithstanding the
foregoing statement, please note that Phoenix Group uses different
valuation methodologies for different types of assets as follows:
(i) Market Value of Land, Developing Project & Completed Project –
For assets in the form of bare land (the “Land”), the value of such
Land (the “Land Value”) is derived by applying either the “Direct
Comparison Method” or the “Residual Valuation Method”. If the Land
is partially developed and construction is in progress (the
“Developing Project”), the value of such Developing Project is
derived by the sum of the Land Value and the hard and soft
construction costs incurred up to the date of the valuation. If
development is completed on the Land (the “Completed Project”), the
value of such Completed Project is based on sum of the projected
gross sales price of all units in such Completed Development; (ii)
Market Value of Assemblage Deals – For assets in the form of
residential/non-residential units (“Target Units”) in a target
building and the number of such Target Units acquired by Phoenix
Group is insufficient to effect a compulsory sale under local laws,
the Market Value is the sum of the resales price of all the Target
Units in their current state. For asset in which Phoenix Group
acquires a sufficient number of Target Units to force a compulsory
sale, the Market Value is the total acquisition price of all the
acquired Target Units divided by target acquisition price for all
Target Units multiplied by external independent valuation of the
target building; and (iii) Market Value of Structured Products – For
assets in the form of mezzanine loans and equity investments, the
Market Value is the discounted cashflows based on the actual drawn
down amount. All non-U.S. denominated currency used in the above
transactions shall be converted into U.S. Dollars based on the
exchange rate on the date of the valuation of the Unrealized
Investments or the hedged exchange rate where applicable.