Legal Information

Important Legal Information


Last updated 17 November 2009

Your use of this website is subject to acceptance of these Terms and Conditions.

Henderson Global Investors (Hong Kong) Limited and its affiliates are referred to herein as Henderson Global Investors. You must read and acknowledge your understanding and acceptance of the Legal information contained herein. The information contained in the website has not been reviewed by the Securities and Futures Commission.

Key investment risks to be considered before investing

  • Henderson Horizon Fund, as an umbrella fund, has within it different sub-funds investing primarily in equities or debt securities, each with different risk profiles.
     
  • Some sub-funds have the ability to use financial derivatives instruments ("FDIs") to achieve the sub-funds’ investment objectives and policies or extensively for investment purposes with a view to enhancing their performance. Such investments are subject to significant risk including liquidity risk and counter-party default risk. Together with the leverage effect embedded in FDIs you may lose your entire investment in such sub-funds.
     
  • Some sub-funds may invest in a single market / sector (e.g. smaller companies) and may subject the sub-fund to higher concentration risk than sub-funds following a more diversified policy.
     
  • Some sub-funds may invest in emerging markets which may be subject to higher risk of economic, political and regulatory changes. These investments may be less liquid and more volatile than investments in developed markets.
     
  • Some sub-funds may take short positions through the use of FDIs in some securities.  Should the value of such securities increase, it will have a negative effect in the sub-fund's value.  You may lose your entire investment in such sub-funds.
     
  • In respect of Distribution Shares, the Investment Manager (“IM”) may at its discretion pay dividend out of gross income while charging/ paying all or part of the sub-fund’s fees and expenses to/out of the capital of the sub-fund, resulting in an increase in distributable income for the payment of dividends by the sub-fund and therefore, the sub-fund may effectively pay dividend out of capital.
     
  • Payment of dividends out of capital amounts to a return or withdrawal of part of an investor’s original investment or from any capital gains attributable to that original investment. Any distributions involving payment of dividends out of the sub-fund’s capital or payment of dividends effectively out of the sub-fund’s capital (as the case may be) may result in an immediate reduction of the net asset value per share.
 
Note: Investors should not only base on marketing material alone to make investment decisions. Investors are advised to read the Prospectus, Hong Kong Covering Document and Key Facts Statement of the Fund for more details of the investment risks.

General

Persons accessing this web site are required to inform themselves about and observe any relevant restrictions. By accessing our site, you are representing and warranting that you are either resident in the Hong Kong Special Administrative Region ("Hong Kong") or the relevant laws and regulations of your jurisdiction allow you to access the information contained within this site, and that you have agreed to the terms and conditions herein.

The website is created by Henderson Global Investors for information, illustration or discussion purposes only. It does not constitute an advertisement and should not constitute or form part of any offer or solicitation to issue, sell, subscribe or purchase any investment in any jurisdiction and do not purport to represent or warrant the outcome of any investment strategy, program or product. The information contained herein is obtained and / or compiled from sources believed to be reliable and current and Henderson Global Investors do not warrant, guarantee or represent, either expressly or impliedly, the accuracy, validity or completeness of such information. Henderson Global Investors or any of directors or employees of Henderson Global Investors shall not be liable for any damages arising from any person’s reliance on this information and shall not be liable for any errors or omissions (including but not limited to errors or omissions made by third party sources) in this information. The information and views provided herein is subject to change without notice. Unless otherwise indicated, the source for all data is Henderson Global Investors.

Availability and use of this website

This website has been made available for your use on an "as is" and "as available" basis, and at your sole risk. The information contained within this website may be changed without notice. If you choose to bookmark pages within the website for future use, you agree that it is your responsibility to check if any such updates have been made since you last visited this website. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this website and for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Henderson Global Investors makes no representation, and disclaims all, express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations, and warranties regarding accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, non-infringement of third party rights and/or freedom from computer virus. Henderson Global Investors assumes no responsibility for the consequences of any errors or omissions. If you are dissatisfied with any portion of this website, or of this important legal information, your sole and exclusive remedy is to discontinue use of this site.

Henderson Global Investors does not represent or warrant that this website functions continuously without interruptions or be error free. Use of this website that may hinder the use of other Internet users, that can endanger/jeopardise the functioning of this website and/or affect the information provided on or via this website or the underlying software, is not permitted.

Henderson Global Investors reserves the right to correct, improve or change this website and to suspend access to this website for maintenance or improvements. The website may contain typographical errors or inaccuracies and Henderson Global Investors does not take responsibility for amending or updating such information.

Third party website links disclaimer and permission

Where Henderson Global Investors provides hypertext links to third party websites, such links are not an endorsement by Henderson Global Investors of any products or services provided on or via such websites. Henderson Global Investors has not verified the truth, accuracy, reasonability, reliability, or completeness of any content of such websites. When you access any other site you understand that it is independent from our website and that Henderson Global Investors has no control over the content or availability of that site. The use of such links is entirely at your own risk and Henderson Global Investors accepts no responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

No provision of investment, tax and legal advice

This website is not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any Henderson Global Investors’ funds for any particular investor. The information provided on or via this website are for information only and without consideration given to the specific investment objective, financial situation and particular needs of any specific person, and should not be used as a substitute for any form of advice. You are solely responsible for determining whether any investment, security or strategy, or any other investment product or service, is suitable for you based upon your investment objectives and personal and financial situation. In no circumstances shall any service, content, information and/or data contained in or provided on or via this website be construed as the giving of investment, tax or legal advice or provision of investment service. Persons accessing these pages are advised to obtain appropriate independent professional advice about the suitability of any Henderson Global Investors’ funds for their investment needs.

Restricted distribution, offer or solicitation and United States Persons

This website does not constitute the distribution of any information or making of any offer or solicitation to anyone in a jurisdiction in which such distribution or offer is not authorised or to any person to whom it is unlawful to distribute such information or make such an offer or solicitation, or which would subject Henderson Global Investors to any registration requirement within such jurisdiction or country. Persons subject to local restrictions must refrain from accessing this website.

None of the units or shares in the funds contained herein has been or will be registered under the United States Securities Act of 1933, as amended (the "Securities Act"), and the units or shares may not be offered, sold, transferred or delivered, directly or indirectly, in the United States of America or any of its territories or possessions or any area subject to its jurisdiction, or to any United States Person. The funds contained herein have not been registered under the United States Investment Company Act of 1940, as amended (the "Investment Company Act"). The term "United States Person" shall have the meaning ascribed to such term in Regulation S under the Securities Act. "United States Persons" are generally defined as a natural person, residing in the United States or any entity organized or incorporated under the laws of the United States. US citizens living abroad may also be deemed "US Persons" under certain rules. You should seek legal advice if you are uncertain whether you are a US Person.

Henderson Global Investors will not accept any liability whatsoever for any loss howsoever arising from any use of this website or its respective contents or otherwise arising in connection therewith. Henderson Global Investors cannot be held responsible for any damages or losses that occur from transactions and/or services in defiance of the relevant rules of the purchaser's home jurisdiction.

Henderson Horizon Fund

Henderson Horizon Fund (the “Fund”) is an open ended investment company incorporated in Luxembourg as a société d'investissement à capital variable (“SICAV“) on 30 May 1985. The Fund is authorised by the Commission de Surveillance du Secteur Financier (“CSSF“). In giving such authorisation the CSSF does not take responsibility for the financial soundness of the Fund or for the correctness of any statements made or opinions expressed in this regard.

An application for any of the Fund’s shares can only be made having read fully the Fund’s prospectus accompanied by the latest available audited annual report and by the latest half yearly report, if published later than such annual report, and application form. These documents are available from your respective local Henderson Global Investors’ offices, appointed Fund’s representative offices, participating licensed financial advisors and institutions’ offices or branches. In Hong Kong the Henderson Horizon Fund representative is RBC Services Hong Kong Limited, a subsidiary of the joint venture UK holding company RBC Investor Services Limited, Tel: +852 2978 5793.

Product disclaimer and investment risks

The investments and strategies discussed in this website may not be suitable for all investors and are not obligations of or guaranteed by Henderson Global Investors. Investments in any of the Henderson Global Investors’ funds are not deposits in, obligations of, or guaranteed or insured by Henderson Global Investors.

You should be aware of the risks associated with investment. Please remember that past performance of any fund, a security, an investment or manager and any analysis, forecasts, projections, opinions, assumptions, expectations, estimates or valuations made are not necessarily indicative of the future performance of the fund, the security, investment or manager. Market and currency movements may cause the value of investments and the income from them to fall as well as rise and you may get back less than you invested when you decide to sell your investments.

Investments in fund are subject to investment risks, including the possible loss of the principal amount invested. Funds which concentrate their portfolio in emerging or relatively smaller markets may carry a higher degree of risk than other funds which invest in more developed markets whilst funds which concentrate their portfolio in a specific theme, sector or country may carry a higher degree of risk than other diversified funds due to lower diversification and theme, sector or country-specific risks. These funds may be more volatile than other funds and their portfolio values can increase or decrease more rapidly. The performance of such funds may differ in direction and degree from that of the overall stock market.

Investors investing in funds denominated in non-local currency should be aware of the risk of exchange-rate fluctuation that may cause a loss of principal when foreign currency is converted back to the investors' home currency. Exchange controls may be applicable from time to time to certain foreign currencies. Investors should therefore determine whether any foreign currency investment is suitable for them in light of their investment objectives, financial means and risk profile.

Financial derivative instruments (structured notes, options and futures on stocks or indices, contract for difference, warrants, equity swaps, equity linked notes, currency forwards and convertible bonds) may be used for the purpose of meeting the investment objective of some Henderson Global Investors’ funds other than for the purpose of hedging and/or efficient portfolio management, and such advanced techniques utilising financial derivative instruments and strategies as a means of achieving its investment objectives and policies may lead to a higher volatility to the net asset value of these funds. These advanced techniques are further described in the prospectus of the funds.

Any discussion of the risks contained herein with respect to any investment products should not be considered to be a disclosure of all risks or a complete discussion of such risks and you should therefore refer to the relevant prospectus for details and are advised to obtain independent professional advice where appropriate.

Material Interests

Henderson Global Investors or its directors, officers, employees, agents or representatives may have or have had an interest or holding, relationship or other arrangement with the securities, funds or other types of investments mentioned in this website which may be material.

No warranties and exclusion of liabilities

Henderson Global Investors and its directors, officers, associates, agents and affiliates make no representations, warranties or endorsements of any kind about the services, content, information and/or data contained in this website. You bear all risk from any use or results of using any information on this website. You are responsible for validating the integrity of any information received over the Internet. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.

Telephone Recording

It is Henderson Global Investors’ policy to record all telephone calls for mutual protection and to improve customer service.

Data Privacy

Unless restricted by applicable laws, you agree that any and all personal information/data relating to you collected by Henderson Global Investors from this website may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with the Henderson Global Investors' prevailing Data Protection and Privacy Policy as amended from time to time.

A copy of the Henderson Global Investors' current Data Protection and Privacy Policy may be obtained by clicking here.

Intellectual Property Rights

Henderson Global Investors or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this website (including all texts, graphics and logos). You may not copy, modify, licence, sell, resell, download, publish, distribute, reproduce or otherwise any of the information contained on this website in any manner or on any form without the prior written consent of Henderson Global Investors. However, you may print out and/or download information contained on this website for your own personal and non-commercial use.

Links to Henderson Global Investors website are not permitted without the prior written consent of Henderson Global Investors. To request permission, please contact (852) 2905 5188.

Amendment rights

Henderson Global Investors reserves the right to vary and make changes to the services, information, content and/or data contained in or provided on or via this website, including this legal terms and conditions, at any time and without notice to you. If at any time any provision (or part of any provision) of this legal information is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in any jurisdiction of any other provision (or any other part of that).

Applicable law

The terms of this Legal Information shall be governed by and construed in accordance with the English laws. All disputes arising out of or in connection with this Legal Information shall be submitted to the non-exclusive jurisdiction of the English courts. Henderson Global Investors. You must read and acknowledge your understanding and acceptance of the Legal information contained herein.