Manulife MMF Application Terms of Use

These terms of use (“Terms”) govern your use of the Manulife Mutual Funds (“MMF”) application on mobile devices (the “App”).  Please read these Terms carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms, you should cease downloading, installing or using the App immediately. 

The App is owned and operated by The Manufacturers Life Insurance Company, its subsidiaries and affiliates, a corporation incorporated under the laws of Canada with its head office at 200 Bloor Street East, Toronto, M4W 1E5, in the province of Ontario (collectively, “Manulife”).

This App has been prepared to provide information on the products and services offered under the business names of Manulife Mutual Funds and Manulife Investments. Manulife Mutual Funds is a division of Manulife Asset Management Limited. Manulife Investments is the brand name describing certain Canadian subsidiaries and operating divisions of Manulife Financial Corporation that offers personal wealth management products and services in Canada.

“Terms of Use” Modifications

Manulife reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to you. Any changes, modifications, additions to, or deletions from these Terms shall be effective as of the “Last Updated” date indicated at the end of these Terms.

You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Accessing the App and continuing use of the App after changes are posted constitutes your acceptance of the then current version of these Terms, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by Manulife and those of any third party hosts and platform operators of the App.

Intellectual Property Rights

Manulife owns all applicable copyright, trademark and other intellectual property rights in the content and trademarks displayed on the App and posted by Manulife (“Manulife IP”) unless otherwise indicated. Unless permitted by applicable law, reproduction, duplication or re-sale of the App or Manulife IP, in whole or in part, with or without manipulation thereof, in any manner through any method without the prior written permission of Manulife is strictly prohibited. 

Manulife, Manulife Mutual Funds, Manulife Investments, the Manulife Mutual Funds For Your Future logo, the Manulife Investments For Your Future logo, the Block Design, the Four Cubes Design, Strong Reliable Trustworthy Forward-thinking and Manulife Leaders Portfolios, are trademarks of The Manufacturers Life Insurance Company and are used by it, and by its affiliates under license.

Simplicity is a registered trademark of The Manufacturers Life Insurance Company (Manulife Financial) identifying the Manulife Simplicity Portfolios offered by Manulife Mutual Funds.

App Content Modifications or Termination

The information posted by Manulife on the App (“App Content”) is owned or licensed by Manulife, unless otherwise indicated.  Manulife reserves the right, but is not obligated, to modify and update App Content from time to time without notice. Manulife reserves the right to terminate or restrict access to all or any portion of an App to anyone at any time and for any reason without notice to you.

Third Party Links

Other third party websites or mobile applications that link to or from the App are completely independent of the App. Manulife has not reviewed all of the third party websites or mobile applications linked to its App and is not responsible for the contents of any such linked websites or mobile applications.  Manulife does not endorse the third party websites or mobile applications to which it links. Similarly, Manulife does not endorse third part websites or mobile applications which link or refer to Manulife’s App. In addition, the acknowledgment of a website or the identification of persons and entities on the App shall not, in any manner, be construed as an endorsement for the product, person or entity by Manulife. Use of any such linked websites or mobile applications is at your own risk.  You understand that when going to a third party website or mobile application, such third party’s privacy policy and terms of use will govern your use of that website or mobile application, and the third party is solely responsible for the content and offerings presented on its website or mobile application.

Independence from Platforms

The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or Blackberry (each being an “Operator”).

You and Manulife acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

Manulife is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and Manulife acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and Manulife acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and Manulife acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).

You and Manulife acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimer

The App, its functionality, and App Content are provided “as is”.  To the maximum extent permitted by law, Manulife makes no representations or warranties, express or implied, and hereby disclaims and negates all other representations, warranties, and conditions with respect to the App and such App Content, including without limitation, implied warranties or conditions of merchantability, interoperability, accuracy, currency, functionality, fitness for a particular purpose, title, freedom from computer virus or malicious code, non-infringement of intellectual property or other violation of rights, and any implied warranties arising from course of dealing or course of performance. Further, Manulife does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the App Content or otherwise relating to such materials or on any websites linked to the App.  The App is made available to you for your personal use only. App Content is not intended to be: (a) a comprehensive or detailed statement concerning the matters addressed; (b) professional or expert advice, including but not limited to, investment advice, tax advice, advice on financial products or services, accounting advice, and legal advice; or (c) an offer to sell or buy or a recommendation to buy or sell any security, fund, insurance/banking/investment product or service, bond or other financial instrument.  Every user of the App is advised to seek professional advice before acting or omitting to act on any part of the App.

Manulife Funds, Manulife Corporate Classes, Manulife Simplicity Portfolios and Manulife Leaders Portfolios are managed by Manulife Mutual Funds.

All Manulife Simplicity Portfolios are designed to target a specific risk/return profile for each of the risk tolerance categories. However, the performance of the mutual fund portfolios is not guaranteed and may vary. The performance of the funds fluctuates according to market conditions. The targeted risk/return profile may be accomplished using different underlying funds.

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 prospectus of the mutual funds in which investment may be made under the asset allocation service before investing. The indicated rates of return are the historical annual compounded total returns assuming the investment strategy recommended by the asset allocation service is used and after deduction of the fees and charges in respect of the service. The returns are based on the historical annual compounded total returns of the participating funds including changes in share or unit value and reinvestment of all dividends or distributions and do not take into account sales, redemption, distribution or optional charges or income taxes payable by any securityholder in respect of a participating fund that would have reduced returns.  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. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. Distributions are not guaranteed and may fluctuate and should not be confused with a fund’s performance, rate of return, or yield. Distributions paid as a result of capital gains realized by a fund and income and dividends earned by a fund are taxable in the year they are paid.

Manulife makes no warranty that the App will be compatible with all hardware and software which you may use. Manulife shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.

Any App Content regarding products and services is applicable only in jurisdictions where such products and services may lawfully be offered for sale and is void where prohibited by law. If the App is accessed by you from outside of Canada, this is entirely at your risk. Manulife makes no representation that the App and its content are available or otherwise suitable for use outside of Canada.

You are responsible for all access to the App through your mobile device and for bringing these Terms of Use to the attention of all such persons.

Use License

Manulife provides you with limited permission to display, copy, and distribute App Content for your personal use only, provided you acknowledge the source of the App Content whenever and wherever copied, and adhere to these Terms and all other legal rights in the App Content. Failure to abide by these conditions will immediately revoke this limited permission for such personal use of App Content.  Upon termination of this license, you must destroy any materials in your possession that you downloaded or copied from the App, whether in electronic or printed format.

You must not without Manulife’s permission: (1) copy any App Content from the App, including, but not limited to, onto other websites or in other mobile applications, except as permitted herein; or (b) frame any of the App or its App Content onto your own or another person’s website or mobile application.

You agree not to access without authority, interfere with, damage or disrupt: (a) any part of the App; (b) any equipment or network on which the App is stored; (c) any software used in the provision of the App; or (d) any equipment or network or software owned or used by any third party.

Privacy

When downloading or using the App, you may choose to provide certain personal information for login.  Such personal information will be collected and used by Manulife and/or its service providers on behalf of Manulife, if any, for statistical purposes and for internal business purposes only (“Purpose”).  Personal information will not be used for any other purpose other than the Purpose. 

All personal information collected from you will be handled in accordance with Manulife’s privacy policy, which is available at http://www.manulifemutualfunds.ca/privacy-policy/.  By using the App and providing Manulife with your personal information, you consent to the collection and use by Manulife and its service providers on behalf of Manulife, if any, of such information for such Purpose and you warrant that all information provided by you is accurate.

With respect to any content collected through the App, Manulife follows the applicable privacy policies of the third party hosts and platform operators of such App. Please note that when using the App, you are also subject to the terms and conditions of Manulife’s privacy policy, as well as the terms of service and privacy policies of third party hosts and platform operators, when applicable. 

Limitations of Liability

In no event shall Manulife, its directors or officers, be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, loss of revenue or loss of actual or anticipated profits, loss of business, loss of goodwill, loss of opportunity, loss of, damage to or corruption of, data, costs and/or expenses (including but not limited to legal fees and disbursements), as and when they arise, from the use of or inability to use the App including but not limited to the reproduction of the App Content whether authorized or not, regardless of the form of action, whether in contract or in tort including negligence, even if Manulife has been advised of the possibility of such damages.  Manulife will not be responsible in any way for loss or damage that results from your failure to comply with these Terms or other applicable guidelines, or from any technical, human or software errors or failures found within the App.

You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use.  Manulife shall have no liability for any damage caused by errors or omissions in any content, information, instructions or scripts provided to Manulife by you in connection with the App, or any actions taken by Manulife at your direction.

Indemnification

You hereby indemnify Manulife, its directors and officers, from and against any and all claims, demands, suits, actions, causes of action and/or liability, of any kind whatsoever, for damages, losses, costs and/or expenses (including legal fees and disbursements), brought against Manulife, its directors or officers, as and when they arise, resulting from or relating to your use of the App.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S.  Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Severability

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law

To the extent permitted by law, this App and its operation shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Last Updated: February 6, 2014

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