Terms and Conditions for Retirement Scheme Accounts

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

SERVICES

FIL Investment Management (Hong Kong) Limited ("Fidelity") may (as agreed between Fidelity and yourself and/or your employer) provide you with the ability to conduct one or more of the following activities, by using your Password/Phone PIN, to:

access, via the internet, telephone or other electronic means, a database of information (the "Information") (as such service is available from time to time) relating to retirement funds offered by Fidelity from time to time ("Fidelity Retirement Products"), your Fidelity MPF scheme account(s) and/or other related accounts including any account(s) holding any class of units of the Fidelity Advantage Portfolio Fund, whether rolled-over from your previous ORSO scheme account(s) or otherwise (collectively referred to herein as "Retirement Scheme Account(s)");
change certain personal details (as such service is available from time to time) relating to your Retirement Scheme Account(s) (where applicable) including the change of your self-selected Password / Phone PIN (the "Change of Data Facility"); and
with respect to non-MPF and non-ORSO Fidelity Retirement Products, give instructions electronically ("Electronic Instructions") (as such service is available from time to time) to switch your holdings between sub-funds of the Fidelity Retirement Products (the "Electronic Re-allocation Facility").

The Information, Change of Data Facility and Electronic Re-allocation Facility provided to you by Fidelity are collectively referred to in this document as the "Services".

This document contains the Terms on and subject to which Fidelity provides the Services and agrees to your use of: (i) your Password / Phone PIN; (ii) the Information; (iii) the Change of Data Facility and (iv) the Electronic Reallocation Facility. Any service provider to the Fidelity Retirement Products (generally, HSBC Institutional Trust Services (Asia) Limited or an associated company of HSBC Institutional Trust Services (Asia) Limited (as the case may be)), (collectively "Service Providers"), may also assist Fidelity in providing the Services (for example, by executing instructions under the Electronic Re-allocation Facility). Therefore, this document also sets out terms related to the activities of Fidelity and the Service Providers to which you agree to be bound.

For the avoidance of doubt, these terms and conditions, where relevant, apply to any user of the Services, whether the user is an individual or employer or otherwise.

In some cases, the Services referred to under this document may be provided directly by the Service Providers, without involvement of Fidelity in relation to such Services. The terms of this document apply to all such Services, notwithstanding any wording within this document that may indicate that such Services are provided by Fidelity.

Please read this document carefully before using your Password / Phone PIN to access the Services. As soon as you access the Services using your Password / Phone PIN, you will be deemed to have read, understood and agreed to the Terms contained in this document, and this document will form the basis of a binding agreement (the "Agreement") between you and Fidelity.

If you do not understand any of the Terms contained in this Agreement, please call Fidelity Investor Hotline on (852)2629 2629.

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

PROVISION OF SERVICES BY FIDELITY AND SERVICE PROVIDERS

Fidelity agrees to provide you with, and for you to use, the Services in accordance with these Terms.
Fidelity grants you a non-transferable and non-exclusive licence to use the Services in accordance with these Terms and any other instructions or directions for use supplied to you by Fidelity and you agree to comply with the Terms and any such instructions or directions.
Technological changes from time to time may make your equipment obsolete or otherwise unsuitable for the use or receipt of the Services. You will be solely responsible for providing, updating, or replacing any part of your equipment and for any telecommunication and any other related costs. Neither Fidelity nor the Service Providers make any warranty as to the suitability or otherwise of your equipment for the use or receipt of the Services, which is your sole responsibility.
Fidelity has the right at any time to determine and/or vary the Services. Such determination or variation may, without limiting the generality of the foregoing, be made by:
a. expanding, reducing, modifying or suspending the Services; and
b. imposing and varying any restrictions on the use of the Services.
Neither Fidelity nor the Service Providers make any warranty or representation that the Services will be accessible at any time or at all. The Services may be temporarily unavailable or restricted for administrative or other reasons and neither Fidelity nor the Service Providers accept any responsibility and will not be liable for any loss, cost, expense or other liability arising out of or in connection with loss of use of the Services.

USERNAME, PASSWORD, PHONE USER ID AND PHONE PIN

Username and Password: Username and Password are used to access your Retirement Scheme Account(s) (where applicable) via 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.
Phone User ID and Phone PIN: Phone User ID and Phone PIN are used to access you Retirement Scheme Account(s) via Interactive Voice Response System ("IVR") / Phone. You agree to keep your Phone User ID and Phone PIN strictly confidential and to advise Fidelity immediately if you disclose, or become aware of or suspect the disclosure of, your Phone User ID and Phone PIN to an unauthorised person.
In case of the suspension of your online access, you are required to follow the instructions provided by Fidelity or the relevant service provider to reactivate your online access. Failure to do so will hinder your online access to your Retirement Scheme Account(s).
At their sole discretion, Fidelity and/or any of the Service Providers may bar the use of your Password / Phone PIN from time to time due to security or other concerns or for general administration purposes. Fidelity or the relevant Service Provider will inform you as soon as reasonably possible of such action. You can then obtain new Password/ Phone PIN (as applicable) following the procedures advised by Fidelity or the relevant Service Provider.
You agree to keep your Username and Password, Phone User ID and Phone PIN strictly confidential and to advise Fidelity immediately if you disclose, or become aware of, or suspect the disclosure of, your Username and Password, Phone User ID and/or Phone PIN to an unauthorised person. You acknowledge that you are fully responsible for any unauthorised use or disclosure of your Password / Phone PIN and that you are liable for any loss, cost or expense or other liability arising from such unauthorised use or disclosure.

INFORMATION

The Information may not be reproduced or circulated without written consent from Fidelity. All views expressed cannot be construed as an offer or recommendation by Fidelity. Fidelity shall not be held liable for damages arising out of any person's reliance upon this Information. Any person considering an investment should seek independent advice on the suitability or otherwise of the particular investment. Fidelity shall use its best efforts to update the Information regularly but neither Fidelity nor the Service Providers shall be liable for any loss, cost, expense or other liability arising from any delay in updating the Information nor for any errors nor omissions in any specific information. The Information is provided for reference only and is not binding and you accept full responsibility for monitoring the Information. While care has been taken to ensure the Information is accurate, Fidelity is not responsible for any errors or omissions relating to specific information provided by third parties. If you have any questions about the accuracy or completeness of any Information, please refer to the contact information as set out in the offering document of the relevant Fidelity Retirement Products, or contact the trustee/administrator of the relevant ORSO scheme.

CHANGE OF DATA FACILITY

You may change your personal details including your contact details, personal profile or self-selected Password / Phone PIN using the Change of Data Facility. You acknowledge that you are fully responsible for the accuracy of any data input or other information transmitted to Fidelity and/or the Service Providers under the facility.
Neither Fidelity nor the Service Providers shall be under any obligation to verify the identity or authority of the person using the Change of Data Facility and Fidelity and the Service Providers shall be entitled to act upon any such information submitted.
Neither Fidelity nor the Service Providers shall be liable for any delay or failure to process any change submitted under the Change of Data Facility or for any error in the information submitted.

ELECTRONIC RE-ALLOCATION FACILITY

Any Electronic Instruction given by you using the Electronic Re-allocation Facility shall be directed by the Electronic Re-allocation Facility to HSBC Institutional Trust Services (Asia) Limited and its Associates. Your Electronic Instruction shall not be effective until actually received by HSBC Institutional Trust Services (Asia) Limited and its Associates and determined by HSBC Institutional Trust Services (Asia) Limited and its Associates to be effective in accordance with its operational procedures. HSBC Institutional Trust Services (Asia) Limited and its Associates shall in no case be deemed or presumed to have received such Electronic Instruction, where you cannot show that you have received a reference number and an accurate confirmation of that instruction from Fidelity. You will notify Fidelity immediately if you do not receive a reference number and confirmation immediately after giving an Electronic Instruction. Although HSBC Institutional Trust Services (Asia) Limited and its Associates will use reasonable efforts to process Electronic Instructions in accordance with its own operational procedures and as agreed with Fidelity, in no case shall HSBC Institutional Trust Services (Asia) Limited and its Associates be liable as a result of a delay or failure to process such instruction or for any mistake (except due to its gross negligence or fraud) in processing such instruction.
You will further notify Fidelity immediately:
a. if any aspect of the confirmation does not accurately reflect your Electronic Instruction; or
b. if you receive a reference number and/or confirmation for an Electronic Instruction which has not been placed with your Password / Phone PIN.
If you fail to notify Fidelity immediately in any of these circumstances, you will be deemed to have accepted the terms of any processed Electronic Instruction as stated on the confirmation provided to you by Fidelity and such Electronic Instruction shall be irrevocable and binding on you.
An Electronic Instruction shall be effected in accordance with the rules of the relevant non-MPF and non-ORSO Fidelity Retirement Product (as the case may be) and the operational procedures of HSBC Institutional Trust Services (Asia) Limited and its Associates. Except in certain circumstances, such as when the processing of a dealing instruction of your non-MPF and non-ORSO Retirement Scheme Account(s) is in progress ("Dealing Instruction in Progress"), such instructions shall normally be processed for the non-MPF and non-ORSO Fidelity Retirement Product (where applicable) within the required processing time after receipt of the instruction by HSBC Institutional Trust Services (Asia) Limited and its Associates.
Other than verifying the Password / Phone PIN (as transmitted by Fidelity in case of Internet access), HSBC Institutional Trust Services (Asia) Limited and its Associates is under no duty to enquire as to the authenticity of any Electronic Instruction or to verify the identity or authority of the person giving such Electronic Instruction and shall be entitled to act upon such Electronic Instruction.
Provided that there has been no negligence, fraud or wilful default on the part of Fidelity, HSBC Institutional Trust Services (Asia) Limited and their Associates, none of Fidelity, HSBC Institutional Trust Services (Asia) Limited nor their Associates accept any liability for any loss, cost, expense or other liability arising from any Electronic Instruction, or any delay in effecting an Electronic Instruction, given, or purported to have been given, by you.

THIRD PARTIES

The Services may be provided and maintained by third parties that are not affiliated with any Fidelity entity ("Third-Party Services & Materials"). Third-Party Services & Materials are available through different channels or mediums, such as framed areas, hyperlinks to third party websites, or published on Web Site with the logo or name of such Third Parties. Third-Party Services & Materials may be protected by copyright pursuant to Hong Kong laws and international treaties and owned or licensed by the Third Parties credited.
Fidelity has not been involved in the preparation, adoption, or editing of such Third-Party Services & Materials and does not explicitly or implicitly endorse or approve such Third-Party Services & Materials, including any advertising, products, services or other materials on or available from third party websites. You will access and use Third-Party Services & Materials at your own risk. Fidelity shall not be liable for any loss or damage arising from your reliance upon such information.
If you register for and/or access Third-Party Services & Materials, you may be required to enter into an agreement with the relevant third party(ies) on the terms they set which will be separate and independent from these terms. Please note that the relevant third party may charge for some of the Third-Party Services & Materials.
Fidelity reserves the right to remove or restrict access to any Third-Party Services & Materials.

TITLE

Fidelity and the Service Providers own all right, title and interest, including the copyright and any other intellectual property rights subsisting anywhere in the world, in the Information and your Password / Phone PIN. You have no rights to the Password / Phone PIN and the Information other than as set out in these Terms. If you become aware of, or suspect any unlawful or unauthorised use either of the Services or of your Password / Phone PIN (or if you become aware of or suspect any other infringement by any person of any intellectual property rights or other rights of Fidelity and/or the Service Providers 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.
Any trademark referred to in the Information and the Services are used to act as an indication of source or origin of associated services. Nothing on this site should be considered as granting any licence or right under any trademark of Fidelity or any third parties, nor should you attempt to use, copy, adapt or attempt to register any similar trademarks or logos appearing on the Information and the Services herein.

CONFIDENTIALITY

You acknowledge that those parts of the Information which have not entered the public domain or become generally known ("Confidential Information" - which includes, as stated above, your Password / Phone PIN) are confidential and you agree that you will treat Confidential Information with the utmost care and do all 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 Services 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 and the Service Providers against any loss, cost, expense or other liability of whatever kind and howsoever arising out of any unauthorised use by any other person of the Services where that person has received the Confidential Information from you or from some other person as a result of disclosure by you to such other person.
For the avoidance of doubt "unauthorised use or disclosure" includes (as an example but without limiting the generality of that phrase) you passing any of the Confidential Information to any other person without first obtaining Fidelity's express written permission for you to do so.
Each of Fidelity, the Service Providers and you agree that these provisions relating to confidentiality will survive the termination of this Agreement.
You agree that neither Fidelity nor the Service Providers shall be liable for any accidental disclosure to, or access by, any party of the Information or for unauthorised use by any party of the Change of Data Facility or Electronic Re-allocation Facility.

WARRANTIES

Fidelity and the Service Providers hereby exclude any express or implied warranties or representations, statutory or otherwise, regarding any part of the Services including the Information except to the extent that any warranties cannot be excluded by law.
In particular, Fidelity and the Service Providers do not warrant or represent that the Services are free from virus or other destructive features which may adversely affect your hardware, software or equipment.

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 Services and producing print-outs for your own personal use.
You agree to use the Services in accordance with these Terms and shall not, and shall not attempt to, decompile, reverse-engineer or in any way tamper with the Services, or any software comprised in it.
Your agreement with Fidelity and the Service Providers 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 under these Terms.
You agree to indemnify Fidelity and the Service Providers from and against any and all actions, claims, losses, damages, liabilities and expenses arising out of any improper use of the Services by you.

ACCESS TO THE SERVICES VIA THE INTERNET

If you access the Services through the internet, you should note the following Terms which will apply in addition to the other Terms while you are accessing the Services via an internet address, location and/or a web site (the "Web Site" ):

The underlying HTML, text, images, audio/video clips, other content and the Information that are made available to you on the Web Site is referred to as the "Materials".
Fidelity, unless otherwise indicated, either owns the intellectual property rights in the Materials, or has obtained the permission of the owner of the intellectual property to use the Materials on the Web Site.
Fidelity grants you a limited licence to display on your computer, print, download, and use the Materials provided that:
  a. you agree that neither Fidelity nor the Service Providers are liable for any liability you incur as a result of your use of this limited licence;
  b. you do not modify any Materials;
  c. you include with and display on each copy the associated copyright notice and this limited licence.
No other use of Materials is permitted without the express written permission of Fidelity. Nothing in this notice confers any right in any copyright of Fidelity or other copyright owner's content provided on the Web Site.
The Web Site may contain links to resources outside of Fidelity and/or the Service Providers. The linked sites are not under the control of Fidelity and Fidelity has not reviewed or investigated in any way the information at such linked sites. Fidelity makes no representation or warranty as to the contents of any linked site or any link contained in a linked site. Fidelity is providing these links only as a convenience, and the inclusion of any link does not imply endorsement, representation or warranty by Fidelity.
The Web Site may contain advertisements by third parties. Unless otherwise specifically stated, Fidelity does not endorse or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to any advertisement that appears within the Web Site.
Fidelity may use "cookies" on the Web Site. Our cookies tag each visitor's browser with a random, unique number. The cookie simply assigns a number and does not collect or disclose any personal information about the person using the browser. By noting where these uniquely numbered browsers go on the Web Site, we can study traffic patterns and improve the Web Site.
Fidelity may deploy data analytics tools to monitor usage and to provide us with information in deciding whether to make changes to the Services and to conduct profiling such as marketing profiling and analysis. Fidelity may also collect and use technical data and related information - including but not limited to technical information about your device including its system and application software, advertising ID and peripherals to facilitate the monitoring of usage and provision of updates, product support and other services to you related to the Services. Any personal data collected pursuant to this paragraph will be subject to the Personal Data (Privacy) Ordinance Notice separately accepted by you with the terms.
The Materials are provided "as is" without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Fidelity specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. Fidelity periodically adds, deletes, changes, improves, or updates the Materials without notice. Use of the Materials is at your sole risk.

LIMITATION OF LIABILITY

Subject to the provisions concerning limitation of liability contained in these Terms, Fidelity accepts responsibility for such losses, costs, expenses or other liability suffered by you arising directly from Fidelity's negligence, fraud or wilful default in providing the Services, provided that you perform your obligations under the provisions of these Terms.
Without prejudice to the immediately preceding paragraph you acknowledge that your uninterrupted use of the Services may also be prevented by certain factors outside the reasonable control of Fidelity and/or the Service Providers (a "Services Disruption Event") including, without limitation, the in-operation, inefficiency or unsuitability of the equipment and the unavailability, in-operation or interruption of Internet or other telecommunication services. Also, messages sent over the Internet cannot be guaranteed to be completely secure. Non-performance by Fidelity and/or the Service Providers of their obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Services Disruption Event. Neither Fidelity nor the Service Providers accept any responsibility or will be liable for any loss or damage arising out of or in connection with any such Services Disruption Event.
Neither Fidelity nor the Service Providers accept any responsibility or will be liable for the inaccuracy, incompleteness or use of any Information received by you, Fidelity and/or the Service Providers through the Services 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 direct result of Fidelity's or any of the Service Providers' negligence, fraud or wilful default (as the case may be).
In no event shall Fidelity or the Service Providers be liable for:
a. special, indirect, incidental or consequential damages; or
b. any damages of any kind, whether arising from an action in contract or tort or otherwise, including but not limited to investment or investment opportunity loss, loss of business revenue or loss of profits arising out of, or in connection with, your agreement on these Terms and/or your use of the Services.

TERM OF AGREEMENT AND TERMINATION

From the moment that you access the Services using your Password / Phone PIN, you will have the right to use the Services in accordance with these Terms until this Agreement is terminated.
If you maintain Retirement Scheme Account(s) with Fidelity, this Agreement will terminate automatically upon your ceasing to maintain any Retirement Scheme Account(s).
Fidelity has the right to terminate this Agreement immediately upon you making any claim against Fidelity and/or any of the Service Providers, or Third Parties, whether such claim is based in contract, tort or otherwise and arising out of or in connection with this Agreement.
You may terminate this Agreement by giving notice in writing to Fidelity and you will no longer have access to the Services unless otherwise agreed by Fidelity. The termination will be effective as soon as practicable following receipt of such notice by Fidelity but any transactions already initiated will not be affected. Fidelity and any of the Service Providers may terminate this Agreement by giving one month's notice either in writing or by means of the Services. If it becomes impractical or impossible for regulatory or technical reasons to provide the Services, Fidelity may terminate this Agreement immediately in which case Fidelity will notify you either in writing or by means of the Services.

AMENDMENT

Fidelity may amend these Terms, by notifying you in advance either in writing or by means of the Services and any such amendment shall be deemed to have been accepted by you if you continue to maintain or use the Services after the effective date of such amendment.

GENERAL PROVISIONS

You understand that telephone calls to Fidelity and/or any of the Service Providers may be recorded and consent to such recording.
You understand that all terms and conditions relevant to the operation of this Agreement, whether contained in forms signed by you, applicable offering documents and/or any other materials relating to the relevant Fidelity Retirement Product and/or ORSO scheme, which control the operation of your Retirement Scheme Account(s) are incorporated into these Terms by reference.
A failure or delay by either party to enforce any right under these Terms is not an implied waiver of the same or of any other right in the future.
The only Terms relating to the use of your Password / Phone PIN and the Services are those contained in this Agreement unless Fidelity notifies you otherwise either in writing or by means of the Services.
If any provision of these Terms is held or made invalid by a court, statute or rule or otherwise, the remaining provisions of these Terms will not be affected.
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("HKSAR").
The courts of the HKSAR will have exclusive jurisdiction to settle any claim or matter arising under or in relation to these Terms, and each party submits to the jurisdiction of the HKSAR courts.
Save for HSBC Institutional Trust Services (Asia) Limited, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any term of these Terms.
The English version of these Terms shall prevail if there is any discrepancy between the English version and the Chinese version.

(RET/TNC/WEB/202512)

FIL Limited and its subsidiaries are commonly referred to as Fidelity or Fidelity International. Fidelity, Fidelity International, the Fidelity International logo and F symbol are trademarks of FIL Limited.