Terms and Conditions
Terms and Conditions
READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE REGISTERING OR USING THE SERVICES DESCRIBED ON THE WEBSITE LOCATED AT http://ori-capital.com/ (“WEBSITE”, WHICH INCLUDES ANY MATERIALS RECEIVED FROM ORI AS A RESULT OF UTILIZING THE WEBSITE). BY REGISTERING AND UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
IF YOU ARE AN INDIVIDUAL INVESTOR, YOU ACKNOWLEDGE THAT YOU ARE A RESIDENT OF HONG KONG.
THIS WEBSITE IS NOT INTENDED FOR AND SHOULD NOT BE ACCESSED BY PERSONS LOCATED OR RESIDENT IN ANY JURISDICTION WHERE (BY REASON OF THAT PERSON’S NATIONALITY, DOMICILE, RESIDENCE OR OTHERWISE) THE PUBLICATION OR AVAILABILITY OF THIS WEBSITE IS PROHIBITED OR CONTRARY TO LOCAL LAW OR REGULATION OR WOULD SUBJECT ANY ORI ENTITY TO ANY REGISTRATION OR LICENSING REQUIREMENTS IN SUCH JURISDICTIONS. IT IS YOUR RESPONSIBILITY TO BE AWARE OF, TO OBTAIN ALL RELEVANT REGULATORY APPROVALS, LICENCES, VERIFICATIONS AND/OR REGISTRATIONS UNDER, AND TO OBSERVE ALL APPLICABLE LAWS AND REGULATIONS OF ANY RELEVANT JURISDICTION IN CONNECTION WITH YOUR ENTRANCE TO THIS WEBSITE.
ORI RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.
This Website is owned by ORI Capital Limited, which is licensed by the Securities and Futures Commission (“SFC”) in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) pursuant to the Securities and Futures Ordinance (Cap 571) (CE no: BOW499). This Website is managed by various companies within the ORI Group. ORI Capital Limited, together with other ORI Group companies, shall collectively hereinafter be referred to as “ORI”.
Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a promotion, recommendation, solicitation or offer by ORI or its affiliates 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 ORI, 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.
The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of ORI or its affiliates or guaranteed by ORI or its affiliates. ORI 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 site 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, ORI 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.
Information on any funds referred to in this Website (the “Funds”) or other Fund information in the Website does not constitute an offer to sell or a solicitation of an offer to buy by anyone in any jurisdiction in which such offer or solicitation is not lawful or in which the person making any such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. Shares, units or other interests in any Funds will not be registered under the U.S. Securities Act of 1933, as amended (“Securities Act”), and may not be directly or indirectly offered or sold in the United States or any of its territories or possessions or areas subject to its jurisdiction or to or for the benefit of a U.S. Person (as such term is defined under Regulation S of the Securities Act, “U.S. Persons”). U.S. Persons are not entitled to subscribe for such shares / units. The material contained in this Website has not been reviewed by the SFC or any regulatory authority in Hong Kong.
Important information about each Fund is contained in such Fund’s offering materials, which is available upon request from ORI. BEFORE ACQUIRING THE SHARES OR UNITS OF ANY FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ SUCH FUND’S OFFERING MATERIALS, INCLUDING THE RISK FACTORS.
All investments involve risk and may lose value. Investors may lose all or a portion of the amount invested. The value of the investment and the income from it will vary. 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 and any past performance is not indicative of future performance. ORI does not guarantee the performance of any of the Funds.
An investment in a Fund 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 unfavorable 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. Funds may use or invest in financial derivatives.
Where a Fund’s investment objective is to track an index, the Fund is not sponsored, endorsed, issued, sold or promoted by the relevant index provider. None of these companies make any representation regarding the advisability of investing in the Funds. Index returns are for illustrative purposes only and do not represent actual fund performance. Index performance returns do not reflect any management fees, transaction costs or expenses. Indices are unmanaged and one cannot invest directly in an index.
This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. Although the materials on this Website are based upon information that ORI considers reliable and endeavors to keep current, ORI does not assure that this material is accurate, current or complete, and it should not be relied upon as such. 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 vary. Past performance is no guarantee of future results.
The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, ORI 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. ORI 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. ORI 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.
Trademarks, Copyrights and other Intellectual Property
The content contained on this Website is owned or licensed by ORI and its third-party information providers 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 ORI’s written permission. Modification or use of the materials for any other purpose violates ORI’s intellectual property rights.
All trademarks, service marks, trade names, and logos (collectively, “trademarks”) displayed on this Website are proprietary to ORI 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 ORI 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.
Links to Other Websites
Links to ORI from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by ORI. If you desire to display on your website a hyperlink to an ORI website, you must enter into a written agreement with ORI governing such display. Access to any ORI website does not authorize you to use any of ORI’s names, logos, trademarks or copyrighted material, and you agree not to do so without ORI’s express written consent. Requests to display hyperlinks on your websites to ORI websites should be e-mailed to firstname.lastname@example.org.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to ORI, particularly those containing confidential information, may be sent by email to: email@example.com.
ORI shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to ORI through this Website. You acknowledge and agree that ORI has granted you limited access to the specific files pertaining to the Funds (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files. ORI makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. ORI reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Jurisdiction and Governing Law
The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ORI or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended to be made available only to residents in Hong Kong that are not U.S. Persons.
These Terms shall be governed by, and shall be construed in accordance with, the laws of Hong Kong. The courts of Hong Kong shall have non-exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms and, for such purposes, you agree to submit to the jurisdiction of the courts of Hong Kong. Each party hereby waives any objection which it might at any time have to the courts of Hong Kong being nominated as the forum to hear and determine any proceedings and to settle any disputes and agrees not to claim that the courts of Hong Kong are not a convenient or appropriate forum.
Limitation of Liability
ORI AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF ORI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
Timeliness of Content
All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Except as otherwise stated in these Terms or as expressly authorized by ORI in writing, you may not:
Use this Website in any manner that could damage or overburden any ORI server, or any network connected to any ORI server, as all servers have limited capacity and are used by many people;
Use this Website in any manner that would interfere with another party’s use of the Website;
Include the term “ORI” or any ORI trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without ORI’s permission, provided that generally available third-party web browsers may be used without such permission; or
Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by ORI.
System Outages and Incomplete Transmissions
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. ORI is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
ORI may terminate your access to the Website for any reason, without prior notice.
No waiver by ORI of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
ORI is an equal opportunity employer committed to diversity in the workplace.
Dated: 2 March 2020
© 2020 ORI Capital Limited All rights reserved.