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You must read the following terms and conditions (these "Terms and Conditions") carefully before proceeding to access or use the information on this website (www.boci-pru.com.hk) (the "Website"). If you proceed to access or use the Website, you will be deemed to have agreed to be legally bound by these Terms and Conditions. Your access or use of information on the Website shall be subject to the latest version of these Terms and Conditions at the time of such access or use but BOCI-Prudential Asset Management Limited, its successors and assignees (“BOCI-Prudential”) reserve the right to change the Website and these Terms and Conditions at any time without notice. Please regularly review these Terms and Conditions and other provisions posted on the Website.
Unless otherwise stated, the Website (including these Terms and Conditions) has not been reviewed by the Securities and Futures Commission.
BINDING AGREEMENT
| 1. | These Terms and Conditions constitute a legally binding agreement between BOCI-Prudential and you. |
DISCLAIMER AND LIABILITY
| 2. | The information and materials on the Website shall not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell any investment or securities. |
| 3. | Due to the risk that the Website may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to public nature of the internet, the information contained in the Website may be incomplete, altered or tampered with, and may not present the complete and accurate information. In no event shall BOCI-Prudential be liable for losses of any kind suffered or incurred as a result of the reliance on such information. |
| 4. | BOCI-Prudential makes no representation or warranty of any kind, express, implied or statutory regarding the Website or the information or materials contained or referred to in the Website. To the fullest extent permitted by law, BOCI-Prudential hereby expressly excludes and disclaims any condition, representation, warranty or responsibility of any kind relating to the information and materials, whether express or implied, by statute or otherwise, including without limitation any such condition, representation, warranty or responsibility regarding the title, fitness for a particular purpose, merchantability or standard of quality of the information and materials, that they will be accurate or free of errors or omissions, that they will not infringe any third party rights, that they will be available and uninterrupted at any particular time, free of computer viruses, and that its performance will adhere to any particular standard or that any instruction to or information requested from the Website will be acted upon, delivered to or received by you in any time or at all. |
| 5. | The information and materials contained on the Website is provided for information only and should not be used as a basis for making business or investment decisions. Any advice or information received via the Website should not be relied upon without consulting primary sources of information and obtaining specific professional advice. BOCI-Prudential accepts no liability for any loss or damage arising directly or indirectly from action taken, or not taken, in reliance on information or materials contained on the Website. In particular, no warranty is given that economic reporting information, materials or data is accurate, reliable and up to date. The information and materials are provided without obligation and on the understanding that any person who acts upon it or changes his or her investment position in reliance thereon does so entirely at his or her own risk. |
| 6. | BOCI-Prudential shall not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of the Website including but not limited to any loss, damage or expense arising from any defect, error, fault, mistake or inaccuracy with the Website, its contents, or due to any unavailability of the Website or any part thereof or any contents. |
| 7. | BOCI-Prudential may provide hyperlinks from the Website to other sites for information purposes only. BOCI-Prudential accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of information or materials contained in such sites or loss arising directly or indirectly from defects of such sites. The inclusion of hyperlinks by BOCI-Prudential from the Website to other sites does not imply any endorsement by BOCI-Prudential of the material on such sites. |
| 8. | You may not use any part of the Website on any other website (unless you have obtained express consent from BOCI-Prudential). |
| 9. | BOCI-Prudential does not warrant that any communications from or to the Website will be sent to you or received by BOCI-Prudential nor does BOCI-Prudential warrant the privacy and/or security of such communications during transmission. |
YOUR FURTHER OBLIGATIONS
| 10. | You are solely responsible for taking reasonable and appropriate precautions against any computer virus or other destructive materials or elements, and ensure that your computer and your access to the Website are adequately safeguarded, and that it would not be compromised by any unauthorized users. If applicable, you should protect and backup your own data and equipment. |
| 11. | You shall not and shall not attempt to, access, use, damage, tamper with or hack into any part of BOCI-Prudential's telecommunications or computer systems, sites servers, data areas, software and/or other materials. |
| 12. | You acknowledge that you do not have any right, title or interest in BOCI-Prudential's telecommunications or computer systems or in any related software or materials. |
| 13. | You will comply with all applicable laws and regulations in connection with your use of the Website. |
USE OF PERSONAL DATA
| 14. | You agree that to the extent allowed by law, any and all personal information collected from you by BOCI-Prudential from time to time can be used and disclosed in accordance with the Privacy Policy published by BOCI-Prudential in the Website (as maybe amended from time to time) and applicable laws and regulations. You acknowledge that BOCI-Prudential or its affiliated company owns the trademarks, logos and service marks displayed on the Website and you may not use the same without prior written consent from BOCI-Prudential. |
INTELLECTUAL PROPERTY RIGHTS
| 15. | The copyright of all contents of the Website (including without limitation, the text, graphics, links and sounds) belongs to BOCI-Prudential and no part of the same may be modified, reproduced, copied, distributed or published in any way without prior written consent of BOCI-Prudential. |
| 16. | BOCI-Prudential makes no representation or warranty that your use of information or materials contained on the Website will not infringe rights of third parties, or that the relevant content or information is not owned by BOCI-Prudential or connected with the rights of third parties. |
RESTRICTED COUNTRIES/REGIONS
| 17. | It is possible that not all the products and services that you may be able to view via the Website are available for subscription/use in all geographical locations. BOCI-Prudential reserves the right to make the final determination on whether you are eligible for the subscription/use of any particular product or service. |
| 18. | The information and materials contained on the Website are not intended for access or use in certain countries or regions where such access or use will be prohibited by the applicable laws. You are solely responsible for identifying, observing and complying with the restrictions imposed by the applicable laws in such countries or regions. |
GOVERNING LAW AND JURISDICTION
| 19. | These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). You hereby agree to submit to the jurisdiction of Hong Kong. |
INVESTMENT RISKS
| 20. | Investments involve risks. Past performance is not indicative of future performance. The price of a fund may go down as well as up. Please refer to the offering document of the relevant fund for further details of such fund before investing. Investors should seek professional advice before making any investment decision. |
| 21. | Investors should make his own appraisal of the suitability and risks of such an investment and should consult their own legal, financial, tax, accounting and other professional advisors prior to making any subscription or acquisition of units of the funds. |
