Please read these terms and conditions carefully. A reference to “this Website” is to www.ingim.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 ING Investment Management Asia Pacific (Hong Kong) Limited (“ING”). 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, do not access or use this Website.

1.1

You agree to comply with all the guidelines, notices and instructions pertaining to the use of this Website issued by ING, from time to time. ING reserves the right to revise these Terms of Access at any time, and users of this Website are deemed to be aware of and bound by any changes to these Terms of Access upon their publication on this Website.

1.2

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.

2.1	This Website and the Materials are provided on an “as is” and “as available” basis. ING does not warrant the accuracy, adequacy or completeness of this Website or the Materials, and expressly disclaims any liability for errors, 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.
2.2	ING 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.
2.3	ING does not warrant that any of the Materials or that this Website will be provided uninterrupted or free from errors, 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.
2.4	Risks relating to the use of the Internet: ING 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. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
2.5	Exclusion of liability: ING, 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, even if ING or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. • Information available through this Website: All data and/or information contained in this Website is provided for informational purposes only. ING makes no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data. Specifically, the data and information 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. ING shall not be liable to you for any decision made or action taken by you in reliance on any data or information made available through this Website or for direct, indirect, incidental, special, consequential, punitive or any other damages whatsoever even if ING or its agents have been advised of the possibility of such damages. You should not act on such data or information without first independently verifying its contents.

3.1	The intellectual property rights in this Website and the Materials are owned, licensed to or controlled by ING, its licensors or service providers. ING aggressively enforces its intellectual property rights to the fullest extent of the law.
3.2	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 an information retrieval system without the prior written permission of ING 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.
3.3	You may not, without ING’s permission, insert a hyperlink to this Website on any other website or webpage or “mirror” the Materials on any other server.
3.4	Trade Marks: The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of ING 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 ING or any other applicable trade mark owner. The name of ING may not be used in any way without the prior written permission of ING. ING prohibits the use of the Trade Marks, the name of ING, or any other trade mark owned by ING as a metatag or as a “hot” link to any ING site or any other site unless written approval for the establishment of such a link has been obtained from ING in advance.

4.1	For your convenience, ING may include hyperlinks (direct or indirect) to other websites or content on the Internet that are owned or operated by third parties which may or may not be related to ING. Such linked websites or content are not under the control of ING and ING is not responsible for the contents of, or the consequences of accessing, any linked website.
4.2	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.
4.3	When you click on a hyperlink and leave the Website, you will be subject to the terms of use and privacy policies of the linked website which you are going to visit.
4.4	Hyperlinks to websites of affiliated companies of ING 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.

5.1

You agree that all information and/or particulars sent or submitted by you to ING 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 ING.

5.2

Information relating to any access or use of this Website or which have been collected from you may be shared by ING 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: ING reserves the right to disclose your information in circumstances where ING believes that disclosure is required under the law, to cooperate with regulators or law enforcement authorities or to protect ING’s rights and property; and (b) Statistical data: ING reserves the right to disclose information gathered via this Website to third parties for the purpose of statistical or trade analysis.

ING 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 inaccuracy, 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 ING is not responsible for).

ING 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.

You agree that ING 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 ING believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in ING’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to this Website.

Use of this Website and these Terms and Conditions shall be governed by and construed in accordance with Hong Kong law and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.

An offer in any jurisdiction of shares in a corporation or other investment products (“securities”) for subscription or purchase, or invitation to subscribe for or purchase the securities is not being made through this Website and the Materials. No applications to subscribe for or purchase the securities mentioned in this Website and the Materials can be made through this Website. Any applications to subscribe for or purchase any securities mentioned in this Website and the Materials can only be made in the manner set out in the offering documents of the securities. Please refer to the “Disclaimer” section of the Website. The “Disclaimer” section forms part of these Terms and Conditions.