Terms and Conditions for Personal Investments Accounts

IMPORTANT NOTICE: PLEASE DO NOT REQUEST OR USE YOUR PASSWORD UNTIL YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS ("TERMS") AND AGREE TO BE BOUND BY THEM.

If you wish to receive access via the Internet, telephone or other electronic services to a database of client information("Information")provided by Fidelity and, where applicable, place orders electronically ("Electronic Dealing")(together or individually referred to as "the Service") and use your Password or gain access to these systems, please read this document carefully before requesting a Password to access Fidelity information as you will be deemed to have read, understood and agreed to the contents of this document, and this document will form a binding agreement between you and Fidelity.

This document contains the Terms on which FIL Investment Management (Hong Kong) Limited("Fidelity")agrees to:i) use of your self-selected Password (ii) your use of Fidelity information accessed by you using your self-selected Password; and (iii) your use of the Electronic Dealing Facility to place orders to buy and sell certain shares or units by using your self-selected Password.

If you do not understand any of the Terms in this document, please contact Fidelity on +852 2629 2629 who will explain to you the meaning and effect of this document.

Nothing in these Terms should be construed as a solicitation or recommendation to buy or sell shares or units.

PROVISION OF SERVICE BY FIDELITY

In consideration for the provision of the Password and of the obligations accepted by both you and Fidelity as set out in this document, both parties agree to be bound by these Terms.
Fidelity grants you a non-transferable and non-exclusive licence to use the Service and the Password solely for use in accordance with these Terms and any other instruction and direction for use supplied to you by Fidelity and you agree to comply with the Terms and any other instruction and direction for use supplied by Fidelity to you via the Service or otherwise.
Technological changes from time to time may make your equipment obsolete or otherwise unsuitable. You will be solely responsible for providing, updating, or replacing any part of your equipment and for any telecommunication and other related costs. Fidelity makes no warranty as to the suitability or otherwise of your equipment which is your sole responsibility.
Availability of the service is restricted to existing individual Fidelity account holders and joint account holders who have signed up for the joint renunciation authority. Corporate and Nominee accounts are not eligible for this Service.

USERNAME AND PASSWORD

Username and Password are used to access your Personal Investments Account(s) via the Internet. They are 8 to 15 alphanumeric values and can be defined by you. You agree to keep your Username and Password strictly confidential and to advise Fidelity immediately if you disclose, or become aware of or suspect the disclosure of, your Username and Password to an unauthorised person.
In case of the suspension of your online account, you are required to follow the instructions provided by Fidelity to re-activate your online accounts. Failure to do so will hinder your online access to your Personal Investments Account(s).
You acknowledge that you are fully responsible for any unauthorised use or disclosure of your Password and that you are liable for any loss, cost or expense or other liability arising from such unauthorised use or disclosure.

SECURITY

The Password will enable you to access the Service and use the Electronic Dealing Facility. Remember: do not use the Password unless and until you accept these Terms and are willing to be bound by an agreement with Fidelity on those Terms.
At its sole discretion Fidelity may bar the use of your self-selected Password from time to time due to security or other concerns or for general administration purposes. Fidelity will inform you as soon as reasonably possible of such action. You can then obtain a new Password following the procedures advised by Fidelity.
If you become aware of, or suspect any unlawful or unauthorised use of your self-selected Password you may prevent access to the Service by persons using your self-selected Password by accessing the Service three times by entering a password other than your self-selected. This will bar further use of your self-selected Password to gain access to the Service. You should bring this to Fidelity's attention by telephoning Fidelity as soon as possible and you may then request a new Password following the procedures advised by Fidelity.
You will not be responsible for your self-selected Password being used after you have cancelled your self-selected Password by following the procedures set out in the paragraph above.

TERM OF AGREEMENT

Once you have accessed the Service using the Password , you will be deemed to have accepted these Terms, and this document becomes a legally binding agreement. From that moment, you will have the right to access the Service and use the Electronic Dealing Facility in accordance with these Terms until the agreement is terminated.

FAX AUTHORITY

Unless you instruct Fidelity otherwise in writing within 14 days of accepting these Terms by accessing the Service using the Password, you will be deemed to authorise the relevant Fidelity company to act on purchase, switching or redemption instructions sent to Fidelity by facsimile without further written confirmation to Fidelity. Such instructions will be attributed to you even if you can prove that they were not signed or sent by you, provided that Fidelity or its employees were not guilty of negligence fraud or wilful default. This authorisation remains in force until Fidelity receives written notice from you of its termination. Such notice will not affect the completion of transactions already initiated by Fidelity pursuant to this authority.

ELECTRONIC DEALING FACILITY

Fidelity accepts no liability for any claims in respect of orders placed using the Electronic Dealing Facility ("Electronic Orders") to buy, sell or switch shares or units and Fidelity shall not be deemed to have received such Electronic Order, unless you can show that you have received a reference number and accurate confirmation of that order from Fidelity. You will notify Fidelity immediately if you do not receive a reference number and confirmation immediately after placing an Electronic Order.
You will further notify Fidelity immediately:
1. if any aspect of the confirmation does not accurately reflect your Electronic Order; or
2. if you receive a reference number and confirmation for an Electronic Order which has not been placed with your self selected Password.
If you fail to notify Fidelity immediately in any of these circumstances, you will be deemed to have accepted the terms of the Electronic Order as stated on the confirmation provided to you by Fidelity.
You accept full responsibility for monitoring the Information.
You understand that telephone calls to Fidelity may be recorded and consent to such recording.
You understand that all terms and conditions, and fund application forms signed by you as well as any applicable prospectus and scheme particulars control the operation of your Fidelity accounts and those terms and conditions are incorporated into these Terms by reference. In the event of a conflict between these Terms and other applicable terms and conditions, these Terms shall prevail in respect of matters specifically concerning use of the Service, unless expressly provided otherwise.
By placing an Electronic Order, you agree that all commission and other payments due to Fidelity in respect of the placed order shall be made directly to the relevant Fidelity company.
Fidelity is under no duty to enquire as to the authority of any Electronic Order placed via the Electronic Dealing Facility and shall be entitled to act upon such orders. Fidelity will not be liable for any loss, cost, expense or other liability arising from such Electronic Orders.

TITLE

FIL Investment Management(Hong Kong) Limited owns the copyright and any other intellectual property rights subsisting anywhere in the world to the Information, the databases and your self-selected Password. You have no rights to the Password and Information other than as set out in this Agreement. If you become aware of, or suspect any unlawful or unauthorised use either of the Service or of your self-selected Password (or if you become aware of or suspect any other infringement by any person of any intellectual property rights or other rights of Fidelity in the Information) you agree to bring this to the attention of Fidelity immediately and to give Fidelity any details you have in relation to this.

CONFIDENTIALITY

You acknowledge that those parts of the Information which have not entered the public domain or become generally known("Confidential Information" - which includes for example your self-selected Password) are confidential and you agree that you will treat the Information with the utmost care and do all other acts necessary to preserve the confidentiality of such Confidential Information. You also agree not to do anything that may damage or endanger the confidentiality of the Confidential Information.
You may from time to time receive or will have disclosed to you certain other information relating to the operation of the Service and to Fidelity's business. Any such information shall be treated by you as Confidential Information as required by the immediately preceding paragraph.
You agree to indemnify Fidelity against any loss of whatever kind and howsoever arising out of any unauthorised use by any other person who has received the Information or Password from you or disclosure by you to such other person of the Information or the Password.
For the avoidance of doubt"unauthorised use or disclosure" includes (as an example) you passing any of the Information to any other person without first obtaining Fidelity's express written permission for you to do so.
The parties agree that the provisions relating to confidentiality will survive the termination of this Agreement.

WARRANTIES

Fidelity hereby excludes any express or implied warranties or representations, statutory or otherwise, regarding any part of the Service including the Information except to the extent that any warranties cannot be excluded by law.

RESTRICTIONS IN USE

You may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise transfer, in whole or in part, any of the Information, except for the purpose of accessing the Service and producing print-outs for your own personal use.
Your agreement with Fidelity on these Terms is personal to you and you may not sub-license or assign or otherwise transfer any of the rights granted to you by this agreement.

LIMITATION OF LIABILITY

Subject to the provisions concerning limitation of liability below, Fidelity accepts responsibility for any losses suffered by you caused directly as a result of Fidelity's negligence, fraud or wilful default in providing the Service, provided that you perform your obligations including without limitation your obligations to Fidelity under the provisions of these Terms headed "Electronic Dealing Facility".
Fidelity makes no warranty or representation that the Service can be accessed at all times. The Service may be temporarily unavailable or restricted for administrative or other reasons and Fidelity does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with loss of use of the Service.
Without prejudice to the immediately preceding paragraph you acknowledge that your uninterrupted access to the Service and use of the Electronic Dealing Facility may also be prevented by certain factors outside the reasonable control of Fidelity (a"Service Disruption Event" including, without limitation, inefficiency or unsuitability of the Equipment and the unavailability or interruption of Internet or other telecommunication services. Non-performance by Fidelity of its obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Service Disruption Event. Fidelity does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event.
Fidelity does not accept any responsibility and will not be liable for the inaccuracy, incompleteness or use of any information received by you or by Fidelity through the Service arising out of or in connection with data transmission or which take place due to machine or software error or malfunction, or loss of documents via fax or post, or from your operating error otherwise than as a result of Fidelity's negligence, fraud or wilful default.
In no event shall Fidelity be liable for:
1. special, indirect, incidental or consequential damages; or
2. any damages resulting from loss of use, data, business revenue or profits arising out of, or in connection with your agreement on these Terms in respect of any action based in contract or tort or otherwise.
Notwithstanding any provision to the contrary, Fidelity's liability for death or personal injury shall be unlimited.

TERMINATION AND VARIATION PROVISIONS

Your agreement with Fidelity on these Terms will terminate automatically on redemption of your entire holdings with Fidelity.
Fidelity has the right to terminate the agreement immediately on any claim being made against Fidelity by you based in contract, tort or otherwise and arising out of or in connection with such agreement.
You may terminate these Terms by giving notice in writing to Fidelity which will be effective on receipt by Fidelity but this will not affect transactions already initiated. Fidelity may terminate these Terms by giving one month notice in writing or by means of the Service. If it becomes impractical or impossible for regulatory or technical reasons to provide the Service Fidelity may terminate the Terms immediately in which case Fidelity will notify you in writing or by means of the Service.
These Terms may be amended by Fidelity by writing to you or by means of the Service.

GENERAL PROVISIONS

A failure or delay by either party to enforce any right under these Terms is not an implied waiver of the same or any other right in the future.
There are no terms or obligations relating to the use of the Password, the Information and the Service other than those contained in these Terms and any other instruction and direction for use supplied by Fidelity to you via the Service or otherwise.
If any provision in these Terms is held or made invalid by a court, statute or rule or otherwise, the remainder of these Terms will not be affected.
These Terms and your agreement with Fidelity shall be governed by and construed in accordance with the laws of Hong Kong.
The Courts of Hong Kong will have exclusive jurisdiction to settle any claim or matter arising under or in relation to your agreement with Fidelity, and each party submits to the jurisdiction of the Hong Kong courts.
The English version of these Terms shall prevail if there is any discrepancy between the English version and the Chinese version.

(PI/TNC/WEB/201511)

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