Terms & Conditions
You must read the following information carefully before proceeding. A reference to “this Website” is to apac.bnymellonim.com.hk and all web pages thereunder, including the information, images, links, sounds, graphics, video and other materials displayed therein and the functionalities or services provided therein (collectively the “Materials”). “You” refers to such party who is given access or use of this Website by BNY Mellon Investment Management Hong Kong Limited (“BNY Mellon IM HK”). The use of this Website is subject to the following terms and conditions (“Terms of Access”). By accessing this Website, you agree to be bound by these Terms of Access. If you do not agree to these Terms of Access, please do not access or use this Website.
The Website has been prepared and provided to you by BNY Mellon IM HK for information purposes only. The Website and the Materials on this Website are not intended as nor shall they be construed as financial, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products.
You agree to comply with all the guidelines, notices and instructions pertaining to the use of this Website issued by BNY Mellon IM HK, from time to time. BNY Mellon IM HK reserves the right to change the Website and these Terms of Access at any time without notice. If you use the Website after the amended Terms of Access have been published, you will be deemed to have agreed to the Terms of Access.
You agree and undertake NOT to:
(a) use any software or material that contains a virus or damaging component which may corrupt this Website’s data or interfere with the operation of this Website;
(b) transmit any materials or information through this Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with this Website or the operation of this Website; or
(c) use this Website other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
Limits of Responsibility and Liability of BNY Mellon IM HK
This Website and the Materials are provided on an “as is” and “as available” basis. BNY Mellon IM HK does not warrant the adequacy or completeness of this Website or the Materials, and expressly disclaims to the extent permitted by applicable law and/or regulation any liability for delays or omissions in the Materials, or for any action taken in reliance on the Materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Materials or this Website.
BNY Mellon IM HK may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities, services or products.
BNY Mellon IM HK does not warrant that any of the Materials or that this Website will be provided uninterrupted or that any identified defect will be corrected. Further, no warranty is given that this Website and the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
BNY Mellon IM HK does not warrant the security of any information transmitted by you or to you through this Website and you accept the risk that any information transmitted or received through this Website may be accessed by unauthorised third parties. Messages sent over the Internet cannot be guaranteed to be completely secure. BNY Mellon IM HK will not be responsible for any damages incurred by investors as a result of any delay, loss, diversion, alteration or corruption of any message either sent to or received from BNY Mellon IM HK at investors’ request, over the Internet.
Exclusion of liability: BNY Mellon IM HK, its affiliates, directors, employees or representatives shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use or inability to use this Website, or reliance on any Materials, to the extent permitted by applicable law and/or regulation, even if BNY Mellon IM HK or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
Intellectual Property
The intellectual property rights in this Website and the Materials are owned, licensed to or controlled by BNY Mellon IM HK, its licensors or service providers. BNY Mellon IM HK aggressively enforces its intellectual property rights to the fullest extent of the law.
No part or parts of this Website or any Materials may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in any information retrieval system without the prior written permission of BNY Mellon IM HK or other copyright owners. Permission will only be granted to you to download, print or use the Materials for personal, non-commercial uses, provided that you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials.
Trade Marks: The trademarks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of BNY Mellon IM HK and others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on this Website, without the written permission of BNY Mellon IM HK or any other applicable trade mark owner. The name of BNY Mellon IM HK may not be used in any way without the prior written permission of BNY Mellon IM HK. BNY Mellon IM HK prohibits the use of the Trade Marks, the name of BNY Mellon IM HK, or any other trade mark owned by BNY Mellon IM HK as a metatag or as a “hot” link to any BNY Mellon IM HK site or any other site unless written approval for the establishment of such a link has been obtained from BNY Mellon IM HK in advance.
Links to other Websites
For your convenience, BNY Mellon IM HK may include hyperlinks (direct or indirect) to resource outside of BNY Mellon IM HK. The linked sites are not under the control of BNY Mellon IM HK and BNY Mellon IM HK has not reviewed or investigated the information at such linked sites. BNY Mellon IM HK makes no representation or warranty as to the contents of any linked site or any link contained in a linked site.
Any hyperlinks to any websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
You should review the privacy statement of a website before you provide personal or confidential information. Your use of other websites shall be subject to their terms and conditions.
Hyperlinks to websites of affiliated companies of BNY Mellon IM HK which offer any products or services may be limited to access by persons located or residing in only the jurisdiction of the affiliated companies. The contents of such linked websites are not intended for persons located or residing in jurisdictions that restrict the distribution of such content.
Use of information relating to or collected at this Website
You agree that all information and/or particulars sent or submitted by you to BNY Mellon IM HK in relation to the access of this Website is non-confidential and non-proprietary unless otherwise expressly indicated by you, and may be used by BNY Mellon IM HK.
Information relating to any access or use of this Website or which have been collected from you may be shared by BNY Mellon IM HK with its service providers, agents or business partners and affiliates that we work with in connection with our business. Specifically, the information may be used for the following purposes:
(a) Compliance with the law: BNY Mellon IM HK reserves the right to disclose your information in circumstances where BNY Mellon IM HK believes that disclosure is required under the law, to cooperate with regulators or law enforcement authorities or to protect BNY Mellon IM HK’s rights and property; and
(b) Statistical data: BNY Mellon IM HK reserves the right to disclose information gathered via this Website to third parties for the purpose of statistical or trade analysis.
Force Majeure
BNY Mellon IM HK shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website’s operation, or for any unreliability or unsuitability of this Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom BNY Mellon IM HK is not responsible for).
Delegation
BNY Mellon IM HK may delegate the performance of any of its functions in connection with this Website and reserves the right to use any agents on such terms as it deems appropriate.
Termination
You agree that BNY Mellon IM HK may, at its sole discretion, deny you access to this Website and disable any Security Code associated with you for any reason, including without limitation, if BNY Mellon IM HK believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in BNY Mellon IM HK’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to this Website.
Governing Law
The Terms of Access shall be governed by the laws of Hong Kong Special Administrative Region.
Languages
In case of discrepancies between the English and Chinese language versions of these Terms of Access and content of this Website, the English version shall prevail.