Website Terms of Use

Introduction

These terms and conditions (the “Terms”) govern the access and use of the website (the “Website”) operated by Sumitomo Mitsui DS Asset Management (Hong Kong) Limited (“SMDAM (HK)”, “we”, or “our”) at www.smd-am.hk.

Please read the following terms and conditions carefully to understand the terms on which you can access and use this Website and the legal and regulatory restrictions that apply to the products and strategies offered by SMDAM HK.

By entering this Website, you confirm that you are at least 18 years old and agree to be bound by these Terms and you agree to the processing of your personal data in accordance with our Privacy Notice. If you are under 18, you have obtained permission from a parent or guardian to use this Website. If you do not agree with these Terms and the Privacy Notice, please do not use this Website.

We may amend these Terms from time to time. If we do, we will publish the updated Terms on this Website. Such updated Terms are considered accepted and are applicable as a result of your continued access to and use of the Website. It is your responsibility to check this Website periodically for changes to these Terms.

Reference to “you” and “your” are references to any person accessing or using this Website.

Important Information 

This Website is owned by SMDAM (HK), which is licensed and regulated by the Securities and Futures Commission (the “SFC”) in the Hong Kong Special Administrative Region of the People's Republic of China pursuant to the Securities and Futures Ordinance (Cap 571) (CE number BOT526). SMDAM (HK) is a limited liability company incorporated in Hong Kong (company number 0209479) and has a registered address at Suites 901 & 902, 9th Floor, Two Taikoo Place, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong. This Website is managed by various companies within the SMDAM Group. SMDAM HK, together with other SMDAM Group companies, shall collectively hereinafter be referred to as "SMDAM".

Regulatory Restrictions and Accessing this Website

In order to access this Website, you have been asked to confirm the jurisdiction where you are based, namely the place of your residence as well as your investor type. By accessing this Website, you represent and warrant that you understand that certain funds, not all funds are available to certain categories of investors in certain jurisdictions and that most of the protections afforded by the regulatory system of a specific jurisdiction may not apply to an investment in the Funds and that compensation may not be available under that jurisdiction’s compensation.

Please note that the material and information on this Website is not intended for U.S. Persons. Interests in the Funds are not being offered, and will not be sold, within the United States or to, or for the account or benefit of, any U.S. Person. The term U.S. Person shall have the meaning given to it in Regulation S under the United States Securities Act of 1933, as amended, and includes, among other things, U.S. residents and U.S. corporations and partnerships.

This Website is not directed at any person in any jurisdiction where for any reason (including regulatory reasons) the publication or availability of this Website is prohibited. The products or services described in this Website are only available in jurisdictions where SMDAM (HK) is lawful to advertise and market these products and services.

The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of SMDAM (HK) or guaranteed by SMDAM (HK). SMDAM (HK) makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this Website are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, SMDAM (HK) does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

 Not all funds on this Website in relation to which information is posted on this Website are available for marketing or sale in all regions and jurisdictions, as certain Funds and/or sub-funds, and not all of them, are registered for distribution in particular jurisdictions. Access to certain areas of this Website may be blocked to certain users in certain jurisdictions. Please note that no information or material is intended for access or use in any jurisdiction where such access or use would be contrary to applicable law or regulation in such jurisdictions. All users should consider and check their eligibility to access the relevant information or material carefully.

Certain Funds referred to in this Website are authorized by the SFC for sale to the public in Hong Kong (the “Funds”). SFC authorization is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits or performances of the scheme. It does not mean that the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors. The material contained in this Website has not been reviewed by the SFC or any regulatory authority in Hong Kong.

Investors in countries other than Hong Kong should consult with their professional advisers as to whether they require any governmental or other consents to enable them to invest in any products or services described in this Website.

No Offer, Solicitation or Recommendation

Nothing contained in this Website should be construed as tax, accounting, regulatory, legal or investment advice.. Neither the information, nor any opinion, contained on this Website constitutes a promotion, recommendation, solicitation or offer by SMDAM (HK) to buy or sell any securities, collective investment schemes, futures, options or other financial instruments or services, nor shall any such security, collective investment scheme, futures, options or other financial instruments or services be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold SMDAM (HK), its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

Information on this Website

 Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you. We may update the information from time to time, however, please note that no representation or warranty is made as to the accuracy, adequacy, validity, completeness or timeliness of the information on this Website.

The information on this Website is not permanent or guaranteed. We reserve the right to withdraw or remove information or material posted on this Website. We may suspend or block access to some parts of this Website, including for maintenance and legal and/or regulatory purposes.

This Website, and the information on it, is provided for information purposes only and does not constitute an invitation, offer, or solicitation to engage in any investment activity including to buy, hold or sell any investment including any interests in the Funds and to recommend a strategy or a solution. The contents of this Website have been prepared without regard to the investment objectives, financial situation, or means of any particular person or entity, and the Website is not soliciting any action based upon them. Any opinions expressed on this Website may change as subsequent conditions.

Performance and Risk Warning

 Investment involves risk, including the possible loss of principal amount invested. The past performance information of the market, manager and investments and any forecasts on the economy, stock market, bond market or the economic trends of the markets are not indicative of future performance. There may be other significant risks associated with the characteristics of a particular product and investors should read the Offering Documents for details and relevant risk factors. The value of an investment may go down or up. If you are considering making an investment, you are advised to obtain your own independent professional advice and to carefully consider all relevant risk factors. The price of units or shares and the income from them in relation to any investment may go down as well as up. SMDAM (HK) does not guarantee the performance of the Funds.

An investment in the Funds often involves investing in international markets. In addition to the normal risks associated with investing, international investments involve the risk of losing all or part of any capital from unfavourable fluctuations in currency values, from differences in generally accepted accounting principles or from economic or political instability in other nations. An investment in emerging markets also involves heightened other risks such as increased volatility and the possibility of lower trading volume.

Important information about the Funds is contained in the Offering Documents for the Funds, which is available in the Website or upon request from SMDAM (HK). Before acquiring the shares or units of any funds by purchase or exchange, it is your responsibility to read the funds’ Offering Documents or offering materials.

Using this Website

When using this Website, you must comply with all applicable international, national and local laws and regulations including those related to data protection and privacy. You must not attempt to gain access to areas of this Website other than those made available to users in the jurisdiction you selected. As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to, access data and information that is not intended for you. You must not use this Website - or permit or procure others to use it - for any unlawful of fraudulent purpose, including, but not limited to, to impersonate any person or entity, interfere with or disrupt the operation of this Website, transmit any virus or harmful computer code or program, restrict the ability of any other person to access or use this Website, or remove or modify any copyright, trade mark or other proprietary rights notice from this Website. Unauthorised use of the Website and/or unauthorised entry into SMDAM (HK)’s systems or misuse of any information posted to this Website is strictly prohibited.

Cookies 

When using this Website, cookies may be placed on your device. Cookies may be used for various purposes including to make this Website work as intended, to help us understand how visitors interact with this Website, and to track visitors on this Website. We also use third party service providers some of which use cookies to deliver information to us. For further details as to the cookies we use, why we use them, as well as how you can manage your preference and consent to the use of the cookies, please refer to our Cookie Policy.

Personal Data

SMDAM (HK) will comply with the provisions stipulated in Personal Data (Privacy) Ordinance (“PDPO”) to the extent any information you provide or which is obtained from this Website constitutes personal data .When accessing this Website, you may provide us with personal data as defined in the PDPO and/or any local implementing legislation, as amended from time to time, such as your name and email address. For further details including, but not limited to, the personal data we collect and process, the basis for the processing, who we may share this information with, and how we protect this personal data, please refer to our Privacy Notice.

Disclaimer of Warranty and Limitation of Liability

The information on this Website is provided “as is”. We disclaim and do not accept any liability to you in respect of this Website, your use of it, or otherwise. It is your responsibility to ensure this Website is suitable for your purposes. To the fullest extent permissible pursuant to applicable law, SMDAM (HK) disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. SMDAM (HK) does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. SMDAM (HK) expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

While SMDAM (HK) has endeavoured to ensure the accuracy of the information at this Website, SMDAM (HK) does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material at this Website. You must not rely solely on any of the information in this Website and any person who acts upon the information contained in this Website does so entirely at his/her own risk.

We accept no liability as to the suitability or fitness of this Website in meeting your needs and we exclude, to the extent permitted by law, all express or implied warranties, representations, conditions or terms.

We give no warranty that access to this Website will be uninterrupted, that this Website is free of viruses, or as to the accuracy, completeness, or suitability of any content and material posted or delivered via this Website or otherwise made available via this Website.

In no event will SMDAM (HK) be liable to you for any special, indirect, or consequential losses or damages, or any loss of any data, profits, revenues, business or goodwill.

Nothing is intended to exclude or limit the liability of SMDAM (HK) and/or the Funds for death or personal injury caused by negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

Indemnification

By accessing this Website, you agree to indemnify SMDAM (HK) and its affiliates, officers and employees for any claims, losses, liabilities, and expenses (including lawyers' fees) arising from your use of this Website.

 Links to Third Party Websites

This Website may include links to third party websites. These links are provided for convenience only and do not signify any form of advice, endorsement or recommendation of such websites or the material posted on them. We do not review such third party websites and do not accept any responsibility for information contained on such websites, including the terms on which such websites are made available and the privacy policies on such websites. We make no representation, express or implied, as to the information available on such websites. If you access such websites, you do so at your own risk.

Links to SMDAM from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by SMDAM. If you desire to display on your website a hyperlink to a SMDAM (HK) website, you must enter into a written agreement with SMDAM (HK) governing such display. Access to any SMDAM website does not authorize you to use any of SMDAM's names, logos, trademarks or copyrighted material, and you agree not to do so without SMDAM's express written consent. Requests to display hyperlinks on your websites to SMDAM websites should be e-mailed to dl-salesandmarketing.hk@smd-am.co.jp.

 Trademarks, Copyrights and Intellectual Property

The intellectual property rights in this Website and trademarks and copyrights in all material stored, displayed and accessible on this Website is owned by us or duly licensed by third parties and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without SMDAM (HK)'s prior written permission. Modification or use of the materials for any other purpose violates SMDAM (HK)'s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to SMDAM (HK) and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of SMDAM (HK) or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited. 

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information. 

Additionally, you may not offer any part of the contents of this Website for sale or distribute such part over any medium, including, but not limited to, distribution by television or radio broadcast, or distribution on a computer network. You may not make any part of this Website available as part of another site, whether by hyperlink framing on the Internet or otherwise. This Website and the information contained therein may not be used to construct a database of any kind. Nor may this Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of this Website.

Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with the laws of Hong Kong and any dispute regarding our Website shall be subject to the exclusive jurisdiction of the courts of Hong Kong. 

Contact Us

If you have any enquiries or comments in relation to this Website or the information on it, please contact SMDAM (HK) at dl-salesandmarketing.hk@smd-am.co.jp or by using the “Contact Us” form available on the Website.