The use of this Website is provided by Goldman Sachs. For the purposes of these Disclaimers and Terms and Conditions of Use, “Goldman Sachs” means Goldman Sachs (Asia) LLC. “This Website” means the Hong Kong US Stocks ELIs website of Goldman Sachs (Asia) LLC, which is available for public inspection (subject to the limitations of these Disclaimers and Terms and Conditions of Use) and is available at www.gseli.com.hk.
Information in this Website is provided by Goldman Sachs (Asia) LLC. Access to this Website is only granted to users who have read these Disclaimers and Terms and Conditions of Use. If you agree, please enter the Website by clicking the “Enter Website” button. Otherwise, please leave the Website by clicking “Leave Website” button.
By accessing this Website, you agree to be bound by these Disclaimers and Terms and Conditions of Use.
I have read the following and hereby agree to these Disclaimers and Terms and Conditions of Use as set forth below.
Issued by Goldman Sachs (Asia) LLC. Copyright © 2022 Goldman Sachs (Asia) LLC. All rights reserved. All materials and information contained in this Website are provided for reference purpose only, and do not constitute any offer, solicitation or invitation, advertisement, inducement, representation, advice or recommendation.
Use confined to existing investors in the US Stocks ELIs only
In order to comply with applicable laws and regulations, Goldman Sachs needs to confine the users who browse the content of this Website to existing investors in Equity Linked Investments linked to US Stocks (“US Stocks ELIs”) issued by Goldman Sachs International. Goldman Sachs expressly disclaims any liability for any loss or liability arising from the breach of the above restrictions or the use of this Website by you or any third party.
This Website is only directed at and intended for existing investors in the US Stocks ELIs only. It is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law. Goldman Sachs disclaims all responsibility if you download any information from the Website in breach of any law of country in which you are residing. This Website and the information contained herein are not intended for, and must not be accessed by, or distributed or disseminated to, persons resident or physically present in the United States of America (including its territories and possessions, the “United States”), and do not constitute an offer to sell or the solicitation of an offer to buy or acquire, any securities in the United States. The products referred to on this Website have not been and will not be registered under the U.S. Securities Act or with any securities regulatory authority of any State of the United States or other jurisdiction, and may not be offered, sold, pledged or otherwise transferred in the United States or to U.S. persons unless an exemption from the registration requirements of the Securities Act is available.
Information contained in this Website has not been reviewed by the Securities and Futures Commission (“SFC”) of Hong Kong or any regulatory authority in Hong Kong. This Website and the information contained herein do not constitute an advertisement or invitation to the public to enter into or offer to enter into an agreement to acquire, dispose of, subscribe for or underwrite any securities or structured product.
The use of this website
Monitored by Goldman Sachs: Your use of the information on this Website may be monitored by Goldman Sachs. All information obtained from such surveillance may be used by Goldman Sachs for its internal commercial purposes or in accordance with the rules of any applicable regulatory or self-regulatory body.
Information provided through this Website: You may store, display, analyse, modify, re-organize and print the information provided to you through this Website, but only for your personal use. You may not publish, transmit, or otherwise reproduce all or part of such information to any third party without the express written consent of Goldman Sachs. Violation of the above terms may result in termination of this Website. Furthermore, you may not modify, obscure or remove any copyrights, trademarks or notices provided to you in connection with such information. Goldman Sachs reserves the rights to supplement, amend or delete any such information at any time and from time to time based on its editorial autonomy and/or commercial interest. Unless specified herein, these Disclaimers and Terms and Conditions of Use are not intended or intended to be used to transfer or grant the rights of such information, and Goldman Sachs and third party service provider of Goldman Sachs retain all rights not expressly granted herein. You are required to review and comply with any additional terms and conditions that may be uploaded on this Website from time to time with respect to the information obtained from any designated third party service provider. Such third party service provider is not responsible for any loss sustained by you because of the information obtained through this Website.
Risks relating to the use of Website
No warranties on content and no responsibility to update: Goldman Sachs makes no warranties, express or implied, regarding this Website. This Website is provided by Goldman Sachs or its third party service provider on an "as is" basis and you are solely responsible for the risks. Goldman Sachs expressly disclaims any implied warranties of merchantability or suitability for a particular purpose, including that of the correctness, quality, suitability, accuracy, reliability, performance, timeliness and continuity of the use of this Website or the results of its use.
Cybersecurity is not guaranteed: Goldman Sachs will not give you any express or implied warranty as to the security of this Website, including the ability of unauthorized persons to intercept or access your information transmitted through this Website.
System Loss, Lag and Capacity Limit/Delay: Due to high usage of network, transmission issues, system capacity limitations and other issues, you may occasionally experience difficulties assessing information on this Website, and upon occurrence of which you should contact your distributor(s). Any computer system or other electronic device, whether that of yours, internet service provider, or Goldman Sachs, may experience unpredictable system loss or delay or capacity limitations. In no event shall Goldman Sachs be liable to you or any third party for loss in relation to the transmission issues, system capacity limitations, system loss, lag or delay (whether due to connection of network path or other) that may arise or be encountered with the use of this Website.
Any values or prices are as of either the close of business or the time otherwise indicated on the date they are provided, are provided for information purposes only and are intended solely for your use. You should be aware of the time zone difference (including summer time and winter time) between Hong Kong and New York in assessing the trading price of US stock. No representation or warranty is made that any indicative return or performance will be achieved in the future. Such information does not constitute investment advice by Goldman Sachs and is for information purposes only. You should refer to the offering documents of the US Stocks ELIs (which are available from your distributor(s)) and, where necessary, seek independent professional advice about your investment in the US Stocks ELIs. You bear all risk from any use or results of using any information obtained from the Website. You are responsible for validating the integrity of any information received over the Internet.
The Use of Cookies in the Website
In order to constantly improve our Website and better serve our Website users, Goldman Sachs may use software tools or ‘cookies’ to gather information about site visitors’ browsing activities. A cookie is a piece of technology, sometimes called a text file, that is sent from a web server (a web site) to a web browser (the visitor’s computer) to enable the browser to remember certain information. The information held by a cookie can only be read by the person who sent it.
There are two types of cookie - session cookies and persistent cookies.
Session cookies are used, for example, to maintain security on a site and to pass information that has been entered to other pages on the site to prevent further input of the same information. Persistent cookies are used to enable browsing habits to be tracked each time the site that sent the cookie is visited. The information that may be gathered includes date and time of visits, pages viewed, time spent at the site and the site visited just before and just after the Goldman Sachs Website.
We also collect aggregated information for statistical and evaluation purposes.
Cookies can be disabled, generally through changing the internet software browser settings. It may also be possible to change the settings to enable acceptance of specific cookies. If cookies are disabled it may mean that not all services of a site, or indeed any, might be available.
Information provided by third parties
Goldman Sachs or any of its third party service provider is not obligated to maintain the information and services of this Website or to provide any relevant amendments, updates or information dissemination. Any information and services may be changed without notice.
Not responsible for the content and its use: Goldman Sachs will not be responsible to you or third party for any contingent or other liability, for any failure to connect or transmit services for the provision or use of this Website, or any disruption of connection or interruption of the transmission or the network problems between you and Goldman Sachs; whether or not such connection or transmission service is provided by Goldman Sachs or a third party service provider. Goldman Sachs will not be responsible to you or third party for any contingent or other liability, for the correctness, quality, accuracy, punctuality, reliability, performance, continuity, completeness, or delay, omission or interference of the transmission of the information contained in this Website and the transmission of its services. Under no circumstances shall Goldman Sachs be liable for any special, indirect, incidental or consequential loss that may arise or arises as a result of your use of information or services provided on this Website, even if Goldman Sachs has been informed of such possibility of loss. Goldman Sachs does not need to notify you or take any action with respect to any difficulties encountered by Goldman Sachs or a third party in using this Website.
Any content or information provided by Refinitiv is for reference only. Goldman Sachs has not reviewed or validated such content or information and disclaims responsibility for any content or information provided by Refinitiv and made available through this Website. Such content or information cannot be copied, stored, downloaded, transmitted, reproduced, disseminated or transferred in any manner or form, and may not be edited in any way.
No advice / recommendation / fiduciary relationship
Does not constitute an offer, advertisement, solicitation or recommendation and does not constitute an invitation or offer: The content of this Website is for reference purposes only and is not provided for the investment objectives, financial situation or capabilities of any particular user, and Goldman Sachs is not using this for soliciting purposes. Nothing in this Website constitutes an offer to buy or sell; or an offer, advertisement or solicitation of any sale or purchase of securities, financial products or instruments. This Website does not provide any opinion on the sale or purchase of any securities, financial products or instruments, or the suppression of trading or the adoption of specific trading strategies. The US Stocks ELIs may involve significant risks and are therefore not suitable for all existing investors. No transaction can be achieved or facilitated in any way by using this Website.
No decision is made on suitability; No disclosure on all risks; Should consult personal adviser: The information and services provided by Goldman Sachs to you on this Website do not constitute a recommendation for you to reach a particular transaction, nor do they constitute a representation that any product mentioned in this Website is suitable or appropriate for you. The information contained in this Website is for your general reference only and is not intended to be used as an investment guide or as a source of any specific investment advice. You should refer to the offering documents of the US Stocks ELIs (which are available from your distributor(s)) and, where necessary, seek independent professional advice about your investment in US Stocks ELIs.
The US Stocks ELIs may involve significant risks and are therefore not suitable for all existing investors. Value and returns of US Stocks ELIs may fluctuate, and existing investors may sustain investment losses in whole. Fluctuations in exchange rates may adversely affect the value or returns of US Stocks ELIs quoted in foreign currency.
Any discussion of risks contained herein in connection with any product should not be construed as a disclosure of all risks or a comprehensive discussion of the risks referred to herein. Before proceeding with any transaction, you should (i) refer to the offering documents of the US Stocks ELIs (which are available from your distributor(s)); (ii) make an independent investment decision for the transaction and, at your own discretion, determine whether the transaction is suitable for you, and seek advice from relevant legal, financial, tax, accounting and other professional advisers as you deem necessary to ensure that you understand the risks involved. You should not interpret any of the information contained herein as business, finance, investment, hedging, trading, legal, regulatory, tax or accounting advice, nor should you or your accountant, your account manager or trust account on your behalf use this Website as primary basis for making investment decisions, and you may need to consult your business adviser, attorney, tax and accounting adviser for any information contained herein. For Goldman Sachs’ market making responsibilities in respect of the US Stocks ELIs, you should refer to the relevant offering documents (which are available from your distributor(s)) for details.
Compliance with the law: Any securities trading and any transaction should be subject to applicable laws and / or regulations. Comments and information based on information that Goldman Sachs believes to be reliable: The information contained in this Website is based on information believed to be reliable by Goldman Sachs and is provided in good faith, but Goldman Sachs does not warrant that such information is accurate, complete and up-to-date, and you should not rely on such information in any of the aspects stated above. Goldman Sachs is not responsible for any errors or omissions. All historical prices or values are the prices or values as of the day in question. Any historical information is for reference only. Such information does not represent the mark-to-market value of the securities and does not take into account any impact of any risks and/or possible circumstances on the relevant securities. Goldman Sachs makes no representations or warranties of any kind regarding the performance or return of any securities mentioned on this Website.
Conflict of interest
The Issuer and its affiliates (“Goldman Sachs Group”) comprises a full-service securities firm and a commercial bank engaged in various securities trading and brokerage activities, as well as providing investment banking, asset management, financing, financial advisory services to a wide range of clients. As a result, Goldman Sachs Group may have potential conflicts of interest relating to the US Stocks ELIs that you may purchase from us. Certain activities of Goldman Sachs Group in its ordinary course of business could negatively affect the performance of the US Stocks ELIs which you may be purchasing. It is also possible that such activities could result in substantial returns for Goldman Sachs Group while the value of the US Stocks ELIs declines.
Goldman Sachs and its affiliates, its officers and employees may, from time to time, hold long or short positions on the securities or derivatives relating to the US Stocks ELIs, buy or sell (whether as the party itself in another capacity), and act as a market maker for these securities or derivatives, or as a director of any company mentioned on this Website. In addition, Goldman Sachs may act as or have acted as a financing adviser and/or underwriter or manager to any public offering of securities of any of these companies. Goldman Sachs may also act as market maker or liquidity provider for such securities and/or derivatives.
Goldman Sachs Group may take proprietary positions and may have long or short positions or other interests in the US Stocks ELIs and may effect transactions or make markets in the US Stocks ELIs at any time in the open market or otherwise, in each case whether as principal, agent or as market maker. Goldman Sachs Group may also be involved in other financial, investment and professional activities such as providing advice or loans to, or participating in the underwriting or restructuring of the obligations of, the underlying companies of the US Stocks ELIs, which may on occasion give rise to interests or a conflict of interests in respect of the US Stocks ELIs which are the subject of this Website.
Hyperlinks
No representations about other websites or hyperlinks: This Website may provide hyperlinks to certain websites sponsored or maintained by third parties ("Such Websites"). Goldman Sachs provides these hyperlinks only for your convenience. Therefore, Goldman Sachs makes no representations about the content of Such Websites. The hyperlinks to Such Websites provided by Goldman Sachs do not constitute Goldman Sachs’ endorsement, authorization, sponsorship, or alliance with Goldman Sachs in respect of Such Websites, their owners or their providers. Goldman Sachs does not perform testing on any of the information, software or product mentioned on any of these websites and therefore does not make any representation about the above, including the content or sponsors of these websites, or the suitability or appropriateness of the products or transactions mentioned therein. Goldman Sachs (Asia) LLC is licensed and monitored by the Securities and Futures Commission: Goldman Sachs (Asia) LLC (CE no.ACC536) is licensed and monitored by the SFC. The content of this Website has not been reviewed by the SFC or any regulatory authority in Hong Kong and cannot be relied upon for its own sake.
Updates/termination
We may amend these Disclaimers and Terms and Conditions from time to time by posting the updated version on this Website, although we do not undertake to update this Website regularly. We also reserve the right to restrict, interrupt or terminate this Website. No other form of notification will be delivered to you.
Language
A Chinese translation of these Disclaimers and Terms and Conditions of Use is available. In the event of any inconsistency between the English version and Chinese translation, the English version shall prevail.
A Chinese version of this Website is available, certain content are translated by third party automatic translation system. In the event of any inconsistency between the English version and Chinese version, the English version shall prevail.
Self-Certification
By entering the Website, you confirm that: (i) you are an existing investor in the US Stocks ELIs; (ii) you are not a resident of or physically present in the United States of America (including its territories and possessions); and (iii) you have read and agree to be bound by these Disclaimers and Terms and Conditions of Use. Goldman Sachs does not accept any responsibility whatsoever for the distribution of the information and material available to individuals or entities which provide false certification regarding their country of legal residence/ location.
