Legal and Regulatory
Legal
General
This website ("Site") is owned and operated by Manulife Private Wealth ("MPW"), a division of Manulife Investment Management Limited.
Please carefully read this notice before you use this Site. If you do not agree with the following terms and conditions ("Terms"), please exit the Site. All Terms will apply irrespective of the specific use made by you of this Site. MPW reserves the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to you. 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 Site. By accessing this Site after modifications to the Terms, you further acknowledge the Terms as modified and agree to be bound by them. By using this Site, you are entering into a contract with MPW and agreeing to the following:
Site Content
The information contained on the pages of this Site is subject to modification and update from time to time without notice. Reasonable efforts have been made to ensure that the information in this Site is complete, accurate and up-to-date. However, MPW cannot guarantee the accuracy, timeliness, completeness or authenticity of any site content, functionality, or the transmission of any Site content from the Site to you. MPW reserves the right to terminate or restrict access to all or any portion of the Site without notice to you.
Certain aspects of the Site have been prepared outside of MPW. Other internet sites for which connections may be provided, or which provide connections to this Site, are completely independent of this site. MPW does not endorse the sites to which we refer by hypertext links. Similarly, we do not endorse sites which refer to our site. In addition, the inclusion of site acknowledgments and the identification of persons and entities shall not, in any manner, be construed as an endorsement for the product, person or entity by MPW.
Confidentiality
The information contained in this Site is confidential and proprietary, and contains personal, confidential and/or proprietary information with respect to MPW clients. Only MPW clients, their authorized representatives and MPW employees should have access to this Site. You must keep your password and all other access credentials to this Site confidential, and not share them with any unauthorized person.
Use of the Site
The Site does not, and it is not intended to provide any financial, insurance, legal, accounting, or tax advice, and shall not be relied upon by you in that regard. The Site does not contain any advice as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, banking, mortgage or insurance products. Decisions based on information contained in this Site are your sole responsibility. The information contained in this Site is not an offer to sell or a solicitation of an offer to buy any security or any investment, banking, mortgage or insurance product or service.
MPW's products and services are available only in jurisdictions where they may be lawfully offered for sale, and not all MPW products and services are available in all geographic regions. All MPW products and services shall be subject to the terms and conditions of any applicable agreements.
You agree that your use of the Site shall be on an "as is" basis entirely at your risk. Neither MPW, nor any of its affiliated companies, nor any officer, director, or employee thereof, nor any other person associated with the creation of the Site or its contents, shall be liable or responsible to any person for any harm, loss or damage that may arise in any connection with your use of the Site, including without limitation any direct, indirect, special, third party, or consequential damages. Without limiting the foregoing, MPW shall not be responsible for any detrimental reliance that you may place upon the Site or its contents whatsoever.
The Site shall not be used, or relied upon by you, as a substitute for your independent research or professional advice.
This Site is made available to you for your personal use only. You represent and warrant that you have reached the age of majority in your jurisdiction of residence. You also represent and warrant that any identification, contact or other information that may be requested from you as part of the registration process and/or continued use of this Site and its forums is accurate, current and complete and you will promptly update such information as necessary to ensure that it is kept accurate, current and complete. You shall not use the Site for illegal, infringing, offensive or privacy/confidentiality breaching activities.
If you would like further information concerning Site contents or you wish permission to use, to reproduce, or to republish any Site contents, please click here.
Indemnity
You will indemnify all MPW (including their parent companies, and affiliated or associated companies) and their officers, directors, employees and agents in respect of any third-party claim, including reasonable attorneys' fees, for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the operation, use or supply of information to a third party provided in breach of any of your obligations under these Terms.
Limitation of Liability
MPW makes no warranty or representation that the Site can be accessed at all times. The Site, or portions of thereof, may, without notice, be temporarily unavailable or restricted for administrative or other reasons.
If you transmit any communication through this Site to MPW 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 Site. This Site is not designed for the transmission of time sensitive instructions - this means that if you use this Site to transmit time sensitive instructions, you will be responsible and liable for any loss that may arise, and you transmit such time sensitive information at your own risk.
You agree that neither MPW, nor any officer, affiliate, manager, member, director, agent or employee of MPW, or any MPW affiliate, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with, the use or inability to use the website by you or any third party including but not limited to any delay or failure of in the functioning or operation of the Site due to government restriction, strikes, war, any natural disaster or any other condition beyond MPW's control.
Security
You acknowledge and confirm that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the Site cannot be guaranteed and you acknowledge that your use of the Site (including information you transmit to the Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, MPW, its subsidiaries or affiliates, or associated officers, directors, employees or representatives shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
Intellectual Property Notice
Names, phrases, logos, icons, graphics, images or designs, including the design marks above, used throughout the Site may be trade names, registered or unregistered trademarks or services marks ("Trademarks") of Manulife Investment Management Limited, its subsidiaries or affiliates. The display of Trademarks on this Site is not an implied license to any third party for use of the Trademarks.
All information on this Site is protected under copyright laws. Except as provided on this Site, no one has permission to copy, redistribute, reproduce or republish any information found on this Site, which includes uploading or downloading without the prior written consent of MPW.
Any retransmission or alteration of Trademarks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.
Governing laws
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement and any use of the Site. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement or your use of the Site.
Disclaimer
You acknowledge that past performance is not an indicator of future returns and that references to performance on this Site are provided as historical benchmarks only.
You are responsible for ensuring that you are appropriately informed about any securities, taxation or other legislation or law that could affect your investment decisions.
To the maximum extent permitted by law, MPW disclaims all representations and warranties, and all other conditions, express or implied, with respect to this site and such information, services, products, content and other materials, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing or course of performance.
Regulatory
Operation of this Website
This website is operated by Manulife Investment Management Limited, Manulife Investment Management Distributors Inc. and Manulife Bank of Canada (“Manulife Bank”). These companies are separate corporate entities which are affiliated. Investment services are offered by Manulife Investment Management Limited and/or Manulife Investment Management Distributors Inc. Banking services and products are offered by Manulife Bank. Wealth & Estate Services are offered by The Manufactures Life Insurance Company.
Important Investor Information
Please carefully read the following disclosure, which sets out important information, and terms and conditions ("Terms") that you need to know and agree to in order to enter this portion of the website. By accessing this portion of the website, you agree to be bound by these Terms.
This website is directed only to residents of Canada that are exempt investors, including "accredited investors" as defined under National Instrument 45-106 Prospectus and Registration Exemptions ("NI 45-106") section 1.1 and that are resident in any of the provinces of Canada (hereinafter the "Offering Jurisdictions".) Therefore, only investors that satisfy these eligibility criteria should be accessing this website.
Non-Canadian and Non-Accredited Investors
The funds and strategies described herein are only available to Canadian residents, or more specifically to exempt investors, including "accredited investors". This communication does not constitute an offer or solicitation to anyone in any other jurisdiction in which such offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should consult their advisor to determine if the funds and strategies described herein may be lawfully sold in their jurisdiction.
Mutual Fund:
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the fund fact as well as the prospectus before investing. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated.
Money Market Fund:
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the fund fact as well as the prospectus before investing. Mutual fund securities are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. There can be no assurances that the fund will be able to maintain its net asset value per security at a constant amount or that the full amount of your investment in the fund will be returned to you. Past performance may not be repeated.
Asset Allocation Service:
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments and the use of an asset allocation service. Please read the fund fact as well as the prospectus of the mutual funds in which investment may be made under the asset allocation service before investing. Mutual funds are not guaranteed, their value change frequently and past performance may not be repeated.
Does this website offer advice?
No. Nothing contained within this website should be construed as investment, insurance, securities, tax or legal advice, and you agree that this website will not be used by you for these purposes. The website does not contain any advice as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or insurance products. Decisions based on information contained in this website are the sole responsibility of the user. The information contained in this website is not an offer to sell or a solicitation of an offer to buy any security or any investment or insurance product or service.
What are the general risk factors I should be aware of before accessing information on this website?
- Investment involves risks.
- Past performance is no guide to future returns. Please note that the price of units or shares and the income from them can fall as well as rise and you may not get back the amount originally invested.
- The value of your investment and any income from it can fall as well as rise and you may not get back the amount you have invested.
- Exchange rate fluctuations may affect the value of an investment and any income derived from it.
- If you exercise any right to cancel, you may not get back the amount initially invested if the unit or share price has fallen since you invested.
- Deductions for charges and expenses, particularly the initial charge, are not made uniformly throughout the life of the investment, so if you redeem out of the investment during the early years, you may not get back the amount invested.
- There can be no guarantee that the tax position or proposed tax position prevailing at the time of an investment will not change.
- Dividends and capital gains on securities issued in the relevant funds may be subject to withholding taxes imposed by the countries in which each particular fund invests.
You must read any relevant offering document(s) and/or investment policy statement for any fund or strategy for all the relevant risk factors pertaining to your investment. You are responsible for ensuring that you are appropriately informed about any securities, taxation or other legislation or law that could affect your decision to invest in any fund or strategy described herein.
Unclaimed Property
Certain provinces have enacted legislation that governs how unclaimed property is to be dealt with. Generally, unclaimed property legislation requires holders of unclaimed property to make reasonable efforts to locate the owners of unclaimed property so that the property can be returned to the owner. If you believe you have unclaimed property, please click the following link for help: https://www.manulife.ca/personal/support/contact-us/unclaimed-property-and-account-search.html
Important information about liability
You agree that your use of the website shall be on an "as is" basis entirely at your own risk.
Limitations of liability - Manulife Investment Management Limited, Manulife Investment Management Distributors Inc, The Manufacturers Life Insurance Company and Manulife Bank make no warranty or representation that the website, including the country-specific sections, can be accessed at all times. The website, or portions of the website, may, without notice, be temporarily unavailable or restricted for administrative or other reasons.
You will indemnify all Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank (including their parent companies, and affiliated or associated companies) and their officers, directors, employees and agents in respect of any third-party claim, including reasonable attorneys' fees, for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the operation, use or supply of information to a third party provided in breach of any of your obligations under these Terms.
If you transmit any communication through this website 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 - this means that if you use this website to transmit time sensitive instructions, you will be responsible and liable for any loss that may arise, and you transmit such time sensitive information at your own risk.
You agree that neither Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank, including any of their officers, affiliates, managers, members, directors, agents or employees, or any of their affiliates, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with, the use or inability to use the website by you or any third party, including without limitation any of the following:
- Reliance. Damages resulting from or arising from any reliance on the website or any content on the website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the website or any content.
- Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the website by any user or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
- Force Majeure. Any delay or failure to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond Manulife Asset Management's control.
Hyperlinks
We do not recommend or endorse and accept responsibility for the content of any website not operated by Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank which you may visit by following a link from this website. You acknowledge and agree that Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank are not responsible for the availability of such third-party sites or resources, and do not endorse, approve, investigate or verify, and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. These links are provided as a convenience and solely for informational purposes. Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank are not making any recommendation to invest in, purchase, or sell any securities or other products or services issued by the companies with the linked sites, nor has Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank sought to verify or confirm the information contained in the linked sites. Accordingly, Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank disclaim any responsibility for the linked sites.
No other website, without the prior written permission of Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank, is authorized to link to any part of this website.
Changes to content within the website
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, including the country-specific sections, or to terminate the website in whole or in part. 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, including the country-specific sections, after we post changes to the Terms, you further acknowledge the Terms as changed and agree to be bound by them.
Cookies
This website use "cookies" for collecting user information from certain pages of the websites, and in order to improve our service to you. A cookie is a file that is stored on the hard disk of a computer by the web browser on a computer. It contains information sent by the website that a user has visited. Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank use cookies in two ways. Firstly, cookies are used to direct users to the correct portion of the website, i.e., to the area most appropriate for their user needs, and/or to the correct language version of their site in the case of sites with multiple languages. Secondly, cookies are used to gain basic information on users such as whether they are unique or regular users. The former type of cookie will expire after the end of the user's session whereas the latter will remain unless they are deleted by the user. Users may choose to refuse cookies or turn them off through their web browser settings, however, this may prevent access to parts of the website.
Security
You acknowledge and confirm that the internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the internet is not possible at this time. Your confidential use of the website cannot be guaranteed and you acknowledge that your use of the website (including information you transmit to the website) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
User content
You agree that you are solely responsible for your actions, and the content of its transmissions through or posting on the website and that such actions will abide by all applicable local, state, national and international laws and regulations in use of the website. You also agree not to (i) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) interfere or disrupt networks connected to the website; (iii) use any device, software or routine in an attempt to interfere with the proper functioning of the website or any transactions being offered at the website; and (iv) take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure.
General
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Terms. Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and Manulife Bank and the user authorize a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. Failure to act by Manulife Investment Management Limited, Manulife Investment Management Distributors Inc., The Manufacturers Life Insurance Company and/or Manulife Bank with respect to a breach by user or others does not waive their right to act with respect to subsequent or similar breaches.
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement and any use of the website, other than the country-specific portions of the website, which shall be governed as indicated therein. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement or your use of the website. In the event of any conflict between foreign laws, rules and regulations and those of Canada, the laws, rules and regulations of Canada shall govern.
These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.