As published: March 2019
Please read these Terms & Conditions (“Terms”) carefully – they apply to your use of this website. By proceeding to access this website you are deemed to have accepted these Terms.
In Hong Kong, Merian Global Investors (Asia Pacific) Limited (“Merian Global Investors”, “we” or “us”) operates and issues content for the Hong Kong section of this Website. Merian Global Investors (Asia Pacific) Limited is authorised and regulated by the Securities and Futures Commission in Hong Kong for carrying out types 1 and 4 regulated activities in Hong Kong.
The Hong Kong section of this Website includes information about Merian Global Investors Series plc. The Hong Kong offering documents for Merian Global Investors Series plc may be obtained from the office of the Hong Kong Representative, Merian Global Investors (Asia Pacific) Limited at Merian Global Investors (Asia Pacific) Limited, Unit 2, 5/F Two Chinachem Central, 26 Des Voeux Road Central, Hong Kong.
Merian Global Investors Series plc and some of its sub-funds have been authorised by the Securities and Futures Commission under Section 104 of the Securities and Futures Ordinance of Hong Kong and are available for sale to the public in Hong Kong. Such authorisation is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits of a scheme or performance. It does not mean the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investor.
Please note that Merian Investment Funds Series I and Merian Investment Funds Series II are not authorised by the Securities and Futures Commission. No offer shall be made to the public of Hong Kong in respect of these schemes.
This Website has not been reviewed by the Securities and Futures Commission in Hong Kong.
The information contained in this Website is for information purposes only and does not constitute an offer, solicitation, recommendation, marketing commitment or invitation by Merian Global Investors to subscribe for or to purchase, sell or hold any interest in any financial product, or service. Nothing on this Website or in the materials referred to herein constitutes or is intended to constitute investment/financial advice, tax advice, or legal advice, and you agree that this Website will not be used by you for these purposes. No representation is given that shares, products, or services identified in, or accessible through, this Website are suitable for any particular investor. You acknowledge that your use of this Website and any requests for information are unsolicited.
The information contained in this Website is approved for publication by Merian Global Investors and may include information about funds managed by Merian Global Investors.
The information contained in this Website is not for use within any country or jurisdiction or with any persons where such use would constitute a violation of law. The presentation of Merian Global Investors products and services on this Website as well as the dissemination of the given information may depend on local regulation. There is no intention to offer or sell or market products or services in countries or jurisdictions where such offer or sale would be unlawful under the relevant domestic law. Investors must inform themselves about the laws which are in force in their country or jurisdiction. Funds mentioned on this Website are only available in jurisdictions where promotion and sales of their shares is permitted.
By proceeding to access the information contained in this Website (both now and subsequently), you are deemed to be representing, warranting, acknowledging and agreeing that the applicable laws and regulations in your jurisdiction allow you to do so and that you have read, understood, agreed to and will comply with the terms and conditions set out in these Terms.
Merian Global Investors Series plc is not registered as an investment company in the United States under the U.S. Investment Company Act of 1940, as amended, and their shares are not registered under the U.S Securities Act of 1933, as amended (“Securities Act”). Shares of Merian Global Investors Series plc are not available for purchase by “US Persons” as that term is defined under Regulation S of the Securities Act.
The information in this Website is not directed at any US Person. By proceeding you confirm that you are not a US Person. This Website is reserved exclusively for non-US persons and should not be accessed by anyone in the United States.
In case of doubt, a “US Person” is:
(A) any natural person resident in the United States (“US“); or
(B) a corporation or partnership incorporated or organised in the US, but excluding an offshore branch or agency of a US person that operates for valid business reasons and is engaged and regulated as an insurance company or bank; or
(C) a branch or agency of a foreign entity located in the US; or
(D) a trust of which the trustee is a US person, unless a non-US person has or shares investment discretion; or
(E) an estate of which a US person is the executor or administrator, unless the estate is governed by foreign law and a non-US person has or shares investment discretion; or
(F) a non-discretionary account held for the benefit of a US person; or
(G) a discretionary account held by a US dealer or fiduciary, unless held for the benefit of a non-US person; or
(H) any entity organised or incorporated for the purposes of evading US securities laws.
We believe that the information contained and opinions expressed in this Website are accurate at the date of publication. The information in this Website has not been registered, verified or approved by any local regulator.
Nothing contained within this Website should be construed as investment advice by Merian Global Investors or of any other regulated activity. An investment in a fund may not be suitable for all investors and should only be made on the basis of the offering document and other documentation governing that fund, which may be obtained free of charge in this Website. This Website is not a substitute for independent professional advice and users of this Website should obtain appropriate professional advice relevant to their particular circumstances prior to making any investment decisions. The Website must not be relied upon in connection with any investment decision.
The fund prices contained in this Website are indicative only and should not be relied upon for dealing purposes. You should be aware that this information has not been audited or verified by an independent party.
This site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology or by discussion of strategy, plans, objectives, goals, future events or intentions. Any such forward-looking statement is based on Merian Global Investors’s expectations, assumptions, estimates and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. Merian Global Investors has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.
The value of investments and any income from them may go down as well as up and investors may get back less than the amount originally invested. Past performance is not a guide to future performance. Fluctuations in exchanges rates may affect the value of an investment and any income derived from it. Certain investments, in particular emerging markets, involve an above-average degree of risk and should be seen as long-term in nature.
The list of risk factors is not exhaustive and you should refer also to the fund’s offering document for additional risk factors pertaining to that investment or relevant sub-fund. Please note that Merian Global Investors will not regard any user of this site as its client for regulatory purposes merely because such user has visited or used this site and will not owe any duties to any such user in accordance with the provisions of applicable laws and regulations that regulate the relationship between an authorised investment firm and its clients.
By entering this Website, you acknowledge and agree that the use of this Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Merian Global Investors and/or the funds be liable for any direct, indirect, special, incidental or consequential loss or damage including any loss of profits, business, revenue or goodwill arising from the use of, access to or inability to use or access, interruption or other non-availability of this Website, its operation or transmission, computer viruses (or equivalent), or any other errors, omissions or defects, loss of data or otherwise; the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this Website; the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or any other matter relating to this Website in respect of its use or the downloading or use of any material from the Website, even if we have been advised of the possibility of such damage. You are responsible for using your own virus protection software.
The information contained on this Website is provided “as is” and “as available”. Merian Global Investors makes no warranty that access to the site will be uninterrupted or error-free, that defects will be corrected, or that will not be transmitted viruses or other harmful components in connection with the use of the site.
Merian Global Investors may have issued other reports that are not compatible with, and reach different conclusions from, the information presented on this Website. These reports reflect the different assumptions, views and analytical methods of those who prepared them and Merian Global Investors is not obliged to ensure that such reports are known to the user.
Merian Global Investors will not be liable for any damages or losses suffered by any users accessing areas of this Website that are not appropriate for their jurisdiction or investor type.
If you transmit any communication through this Website to Merian Global Investors directly or through any third-party internet or other service provider, you shall be responsible and liable for any omissions or failures that may be made while transmitting or receiving communications using this Website. This Website is not designed for the transmission of time sensitive instructions or questions. Accordingly, if you use this Website to transmit time sensitive instructions or questions, you will be liable for any loss that may arise, and any such information is transmitted at your own risk.
You will defend, indemnifyand hold harmless Merian Global Investors and its affiliates and each of their respective officers, directors, employees and agents in respect of any third-party claim for any injury, loss, damage, liabilities or expense (including reasonable attorney’s fees) occasioned by or arising directly or indirectly from your operation or use of this Website or your supply of information to a third party provided in breach of any of your obligations under these Terms.
Unless otherwise indicated, Merian Global Investors owns the copyrights, trademarks, trade names and all other intellectual property rights subsisting anywhere in the world relating to the content on this Website.
You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any of the Website or the information on it, except for the purpose of accessing the Website and producing print-outs for your own personal use. Other than this, Merian Global Investors does not grant a license to this content by virtue of your use of this Website.
Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the site may be in breach of statutory or common law rights which could be the subject of legal action. Merian Global Investors disclaims all liability which may result from any unauthorised reproduction or use of the information on the site. All rights not expressly granted are reserved by Merian Global Investors or its licensors.
Merian Global Investors expressly prohibits linking by other websites to any part of this Website other than the home page or where Merian Global Investors has otherwise expressly given permission. In addition, Merian Global Investors expressly prohibits the linking to the home page of this Website in such a manner that suggests or could be understood to imply that any part of this Website is part of another website and, in particular, third-parties must not frame or use other techniques to enclose any part of this Website.
You may not delete or alter in any way any copyright, trademark, intellectual property or other legal notices from any part of the Website or any information printed or downloaded from it.
All trademarks, service marks, company names or logos are the property of their respective holders. The display of any trade names or trademarks on the site does not imply any licence has been granted to any third party in respect of the same. Any use by you of these marks, names and/or logos may constitute an infringement of the holders’ rights.
This Website may include material from third parties or links to websites not operated by Merian Global Investors (“Third Party Content”). We do not recommend or endorse, and accept no responsibility for the Third Party Content. While we would generally only provide the Third Party Content we reasonably considered to be reliable, we do not conduct independent investigations and accordingly we make no representations or warranties, express or implied, as to the Third Party Content, and do not guarantee the accuracy, timeliness, completeness, reliability and suitability or usefulness of the Third Party Content for any particular purpose. You access and use the Third Party Content at your own risk.
We use a number of unaffiliated social media sites, including Twitter and LinkedIn to share product and service information, thought leadership material, news, events and career information. As social media sites are public and anyone with an account can engage with us, we cannot be responsible for views expressed other than our own.
When accessing any third-party/external sites that may be linked above, you will leave the Merian Global Investors Website. These sites are not controlled or endorsed by Merian Global Investors, and Merian Global Investors is not responsible for the contents, operation or security of these sites.
We reserve the right to prohibit posting on our social media pages, as well as the right to delete or edit any posted content or material for any reason and without notice. Any posting on these pages is subject to our policies of usage, as we may change them from time to time. We prohibit postings about products, investment recommendations and investment product performance. In addition, we prohibit the posting of offensive, derogatory, inflammatory or illegal comments and statements.
We reserve the right to block or remove objectionable content and users if possible, in our sole discretion and without notice. Any delay in removing or failure to remove an objectionable posting should not be deemed an endorsement or approval of the posting, and does not preclude us from taking other steps to address objectionable content, particularly where a social media website restricts us from removing content or blocking users.
We may occasionally mention a user, tweet, re-tweet or repost links to third-party sites when we think you may find that information useful. However, this does not constitute an endorsement of the company, site or individual.
Engaging with Merian Global Investors
Our social media sites are managed and monitored. We actively monitor what people are saying to and about Merian Global Investors however we cannot respond to or engage on all issues.
If you are a Merian Global Investors client with a specific question, please contact our client services team at email@example.com.
If you have any concerns or complaints about our social media policy, please contact firstname.lastname@example.org
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to Website users. Similarly, we reserve the right, in our sole discretion, to change, modify, add or remove the content of this Website. You must check these Terms periodically for changes. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on this Website. If you access this Website after we post changes to the Terms, you accept the Terms as changed.
Merian Global Investors does not warrant that the site will be available at any time or that your access to the site will be uninterrupted, timely or free from viruses or other harmful components. If the site is unavailable, please report this by e-mailing email@example.com and we will attempt to correct the fault as soon as we reasonably can.
We reserve the right to cease operating this Website or to terminate your access and use of any part of this Website at any time without notice and for any reason.
We collect your personal information from you when you apply for our products or carry out transactions with us. We collect information that is necessary for the provision and administration of the products or services you are seeking, and for legal and regulatory purposes. We also collect and use your personal information where necessary to improve our products and services, our business processes, and to communicate with you.
Our Privacy Notice and Cookies Policy, which form part of these Terms, contains more information about how we collect, use and share your personal information. There is also information about the rights you have over your personal data, ahd how to contact us if you have any questions. Please read the Privacy Notice and Cookies Policy carefully as it describes the types of information we may collect from you or that you may provide when you visit this Website and to whom we may disclose it.
These Terms shall be governed by and interpreted in accordance with English law and the courts of England shall have non-exclusive jurisdiction to hear all disputes arising in connection with these Terms.
Except as otherwise stated in these Terms or as expressly authorized by Merian Global Investors in writing, you must not use this Website for any unlawful, improper or illegal purpose or activity, or in a way which causes or may cause: (i) damage to the reputation of Merian Global Investors, or use the Website or Website materials in any manner that could create impression of affiliate, sponsorship or endorsement by OMGI such as including “Merian Global Investors” or an Merian Global Investors trademark, or any variation of such as a meta-tag or hidden textual element; (ii) the Website to be interrupted, damaged, impaired or use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, product services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, without Merian Global Investors’s permission, provided that generally available third party web browsers may be used without such permission; (iii) a virus or malicious code to be introduced into any part of the Website; (iv) offence or detriment to any other person who uses the Website, including in any manner that would interfere with another party’s use of the Website; (v) Merian Global Investors, you or any other user of the Website to be in breach of any applicable law or regulation; or (vi) detriment to any person who supplies services to Merian Global Investors in connection with the Website, including to damage or to overburden any Merian Global Investors server or any network connected to any Merian Global Investors server, as all servers have limited capacity and are used by many people.
You agree to defend, indemnify and hold harmless Merian Global Investors, affiliates and each of their respective officers, directors, employees and agents against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you.
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. Merian Global Investors is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
No waiver by Merian Global Investors of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.