Terms & Conditions
1. Please read these terms and conditions carefully. By accessing this investor portal (“Investor Portal”) for i Capital China Fund (“iCCF”) and any pages herein, you have read, acknowledged and agreed to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not access this Investor Portal.
2. Capital Dynamics Asset Management (HK) Pte Ltd (“CDHK”) reserves the right to change these terms and conditions and you are responsible to regularly review these terms and conditions. Your continued use of this website portal constitutes your agreement to all such terms and conditions, as amended from time to time.
3. CDHK provides, through this Investor Portal, all relevant and important information and details of your account as an investor of iCCF, the fund performance, product information and related documents. Your use of the Investor Portal is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of all the information.
4. The information, products and services on this Investor Portal are provided “as is”, “here is” and on an “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. CDHK shall not be liable in any ways for delays or interruptions in providing the information or omissions therein. CDHK will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Investor Portal.
5. CDHK does not warrant that the information will be accurate, complete, uninterrupted or error free or that any information, software, or other material accessible from or related to the information is free of viruses, worms or other harmful components.
6. CDHK nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Investor Portal, or resulting from the act or omission of any other party involved in making this Investor Portal, the data contained herein, or the products or services offered on this Investor Portal available to you, or from any other cause relating to your access to, inability to access, or use of the Investor Portal or these materials, whether or not the circumstances giving rise to such cause may have been within the control of CDHK or of any vendor providing software or services. In no event will CDHK or any such parties be liable to you for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if CDHK or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labour problems, or any force majeure. CDHK cannot and does not guarantee continuous, uninterrupted or secure access to the website portal.
7. The information and materials on this Investor Portal may contain typographical errors or inaccuracies. CDHK reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on Investor Portal and to suspend and/or deny access to this Investor Portal for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and CDHK does not undertake any obligation or responsibility to update or amend any such information.
8. Prior to the execution of any transaction by you involving information or data you may receive from this Investor Portal, you should consult your business adviser, attorney and tax and accounting advisors with respect to the price, suitability, value or other aspects of any stock, unit trust, security or other investment, wherever applicable. The information and services provided on this Investor Portal are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where CDHK is not authorized to provide such information or services.
9. Under no circumstances shall CDHK be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use, non-use or reliance upon any information, data, details, documents and/or materials from this Investor Portal, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the information, delays in operation, transmission or failure of performance.
10. The information and services on the Investor Portal are provided to you solely for your own internal purposes or personal use. All forms of sub-licensing, reselling, republication or other form of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any of the information or any other information related thereto are strictly prohibited.
11. CDHK is the sole and exclusive owner of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights in the Investor Portal. You may not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of the information or the Investor Portal delivered or accessed via this service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any Capital Dynamics and or i Capital trade name or mark or service name or mark that is similar or confusingly similar to the trademarks Capital Dynamics and/or i Capital.
12. If you download any information from this Investor Portal, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
13. This agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of Hong Kong. You hereby agree that the courts located in Hong Kong shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto, including on grounds of forum non convenience. Regardless of where you access this Investor Portal, you agree to comply with all applicable Hong Kong laws, you are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Investor Portal.
14. CDHK may deny you access to all or part of this service without notice or reason if you engage in any conduct or activities that violates applicable law or any term of this agreement.
15. You agree to defend, indemnify and hold CDHK harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this agreement by you.
16. CDHK‘s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.
17. The investor represents and warrants to CDHK that all statements made by the investor in the usage of this service are true and accurate and that the investor has the authority to make such statements.
18. Unauthorised use of this Investor Portal and systems, including, but not limited to, unauthorised entry into CDHK‘s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Investor Portal in any manner that could damage, disable, overburden, or impair the site or service or interfere with any other party‘s use and enjoyment of this site or service. You may not attempt to gain unauthorised access to any CDHK‘s site or service, computer systems or networks connected to any CDHK‘s site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Investor Portal that are contrary to applicable laws or regulations.