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IMPORTANT LEGAL NOTICES TO ALL USERS OF THIS WEBSITE:


Please note that this BMO Hong Kong ETF website is designed only for use by, and is directed only at persons resident in the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). The material contained in it is not to be regarded as an offer to buy or sell or the solicitation of any offer to buy or sell securities in any jurisdiction other than Hong Kong. The distribution of the information contained in this website in certain countries may be restricted by law and, accordingly, persons who access it are required to inform themselves and to comply with any such restrictions.

 

The information contained on this website is general in nature and does not constitute professional advice or recommendation. Persons accessing this web-site are advised to obtain their own independent professional advice.

 

Investment involves risk. You are advised to carefully consider the risk factors set out in the prospectus for the relevant BMO Hong Kong ETF. The price of units and the income from them may go down as well as up and any past performance is not indicative of future performance. BMO Global Asset Management (Asia) Limited ("BMO GAM Asia ") does not guarantee the performance of BMO Hong Kong ETFs.

 

This Website and its contents have not been reviewed by the Securities and Futures Commission of Hong Kong (“SFC”). This website may refer to investment products and contain their respective prospectus and other materials which are authorised by the SFC. SFC authorisation is not a recommendation or endorsement of a product nor does it guarantee the commercial merits of a product or its performance. It does not mean the product is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors.

 

By accessing this website and any pages hereof, you acknowledge that you have read, understood, and agree to be bound by the legal notices set out herein (“Legal Notices”). If you don’t accept any of the terms of the Legal Notices, please discontinue use of this Website.

 

A.            BMO Global Asset Management (Asia) Limited
BMO GAM Asia is the manager and promoter of the BMO ETFs which are listed and traded on the Stock Exchange of Hong Kong Limited (“BMO Hong Kong ETFs”) and is responsible for the administration of the BMO Hong Kong ETFs.  BMO GAM Asia is licensed by the SFC to conduct regulated activity Type 9 (asset management) under the Hong Kong Securities and Futures Ordinance.   BMO GAM Asia is an indirect, wholly-owned, subsidiary of Bank of Montreal. 

 

The term “BMO” when used herein means Bank of Montreal and its subsidiaries and affiliates (including but not limited to BMO GAM Asia).

B.            Available Only Where Permitted By Law
The products and services described on this Website are available only in jurisdictions where they may be lawfully offered for sale. The information on this Website is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot lawfully be made, or to any person to whom it is unlawful to make a solicitation.

If you choose to access this Website from outside Hong Kong, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws and regulations. You may not use or export or re-export any of the information contained on this Website or copy any adaptation in violation of any applicable laws or regulations, including export laws and regulations of Hong Kong in force from time to time.

C.            Information
This information has been provided on a voluntary basis by BMO and is for information purposes only. It is not intended to constitute legal, accounting, financial or tax advice and should not be relied upon in that regard. Many factors relating to your particular circumstances that are unknown to us may affect the applicability of the information provided. You should consult directly with BMO or your professional advisers before acting on any information on this Website. BMO takes reasonable steps to provide up to date, accurate and reliable information, and believes the information to be so when posted. The information on this Website may be changed at any time without prior notice. As a user, you agree to review the Legal Notices regularly, and your continued access or use of this Website will mean that you agree to any changes.

 

D.            Use of Website
BMO is not responsible in any manner and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages, and without limitation, lost revenues or profits or loss of prospective economic advantage) arising out of your use or inability to make use of this Website or the information therein, and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet. Furthermore, we are not liable for any action or decision made by you in reliance on this Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information, even if BMO has been advised of the possibility of damages. The Legal Notices are to be read by you together with any terms, conditions or disclaimers provided in the pages of this Website (the "Page Disclaimers"). In the event of any conflict between the Legal Notices and Page Disclaimers, the Page Disclaimers will govern.

E.            Applicable Agreements
All products and services of BMO are subject to the terms of each and every applicable agreement governing their use, in addition to the Legal Notices and Page Disclaimers. In the event that the Legal Notices or Page Disclaimers are inconsistent with the terms of any agreement, the terms of the agreement will govern.

F.             Links Are Not Endorsements
Links from this Website to other websites or references on this Website to products, services or publications other than those of BMO do not imply BMO’s express or implied endorsement or approval of such websites, products, services or publications.

Links from or to websites outside of this Website are intended for convenience only. BMO does not review, approve, endorse or control, and is not responsible for any sites linked from or to this Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your own risk, and BMO will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and BMO is not responsible or liable for any difficulties associated with downloading the software. While every effort is made to ensure that all software provided at this Website, or at a link from this Website, is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. Use of any downloaded software is governed by the terms of any licence agreement, which accompanies or is provided with the software.


G.            Confidentiality (Internet and E-mail)
Confidentiality and security of information over the Internet is not possible at this time. BMO cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. BMO will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

H.            Trade-Marks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in this Website may constitute trade names, registered or unregistered trade-marks or service-marks ( "Trade-marks") of the members of BMO, including BMO GAM Asia or of third parties and are used under licence by BMO. However, the display of trade-marks on the pages of this Website does not imply that a licence of any kind has been granted to any third party. Trade-marks may be registered in Hong Kong, Canada and in other countries.

All information on this Website is protected under the copyright laws of Hong Kong, Canada and other countries. Users of this Website shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of BMO. Otherwise, no one has permission to copy, redistribute, reproduce or republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, any information found in the pages of this Website.

Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks or other contents of this Website may be a violation of statutory or common law rights, which could subject the violator to legal action.

Notwithstanding the above, nothing contained in this section shall be construed as conferring any right under or licence of any copyright of BMO or any other person who owns the copyright in the content provided on this Website

® "BMO (M-Roundel)" and "BMO" are registered trade-marks of Bank of Montreal, used under licence.

I.              No Warranties
BMO and its officers, directors, employees or agents provide the Website on an "as is, where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Website or the information contained therein, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, timeliness, reliability or fitness for a particular purpose. Further, BMO does not represent or warrant that the Website will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors (including typographical) or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for viruses or other destructive properties. Some jurisdictions do not allow for the exclusion of implied warranties, so some of the above may not apply to you.


J.             Personal Data
BMO may process personal information about you, including information about your visits to the Website.  This processing will take place in accordance with the BMO privacy policies.  In relation to your personal data collected by BMO GAM Asia in Hong Kong, please click here to read our Privacy statement for Hong Kong.


K.            Jurisdiction
This Website is administered by BMO. This Website will be governed by and construed in accordance with the laws of Hong Kong applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with this Website shall be submitted to and be subject to the jurisdiction of the Courts of Hong Kong. As a user, you submit and attorn to the exclusive jurisdiction of the courts of Hong Kong to finally adjudicate or determine any suit, action, or proceeding arising out of or in connection with this Website.


L.             ETF Disclosure
Commissions, management fees and expenses may be associated with investments in exchange-traded funds.   Please read the prospectus before investing. The performance data provided assumes reinvestment of distributions only and does not take into account sales, redemption, distribution or optional charges or income taxes payable by any unitholder/investor that would have reduced returns. They are not guaranteed, their values change frequently and past performance is not indicative of future performance.


M.            Use of Intellectual Property Rights
BMO either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content that is made available to you on this Website, or has obtained the permission of the owner of the intellectual property in such content to use the content on this Website.

BMO grants you its limited permission to display on your computer, print, download and use the underlying HTML, text, images, audio clips, video clips, software and other content that is made available to you on this Website, for non-commercial, personal or educational purposes only, provided that:


  1. a. you do not modify any such content; and
  2. b. you include with and display on each copy of such content the associated copyright notice and this intellectual property notice.


No other use is permitted. Without limiting the foregoing, you may not:


  1. a. make any commercial use of such content;
  2. b. include such content in or with any product that you create or distribute; or
  3. c. copy such content onto your or any other person’s web page.

Notwithstanding the above, nothing contained in this Section shall be construed as conferring any right or licence under any copyright of BMO or any other person who owns the copyright in the content provided on this Website.


N.            Language
In the event of any inconsistency between the Chinese translation of the Legal Notices and the English version, the English version shall prevail.