These Terms and Conditions ("Terms and Conditions" and/or "Agreement") must be read, understood and accepted by You (as defined below) before using any of the Online Services provided hereunder. Access to this Platform is offered to You by the Trustee on the condition that You accept the Terms and Conditions without modification or reservation or qualification of or in respect of any of the terms, conditions and notices contained herein prior to using, accessing and/or browsing this Platform. Your use of the Platform is your confirmation that You have fully read, understood and accepted these Terms and Conditions. These Terms and Conditions are in addition to those entered into in connection with the Application and/or any other agreement if entered into between You and the Trustee. Where not defined herein, capitalized words or phrases shall be as defined in the Application. In the event of conflict between these Terms and Conditions and those of another agreement in respect of Your use of the Platform, these Terms and Conditions shall supersede and prevail.
If (a) You are not the Plan Participant or do not have the authority to act on behalf of the Plan Participant, or (b) If you are not in agreement to any the Terms and Conditions as mentioned, then you are instructed to discontinue and 'Decline' immediately these Terms and Conditions.
Now therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged,
| 1 | Definitions and Interpretation |
| 1.1 | Definitions: |
| Words and expressions defined in Appendix 2 to the Application have the same meaning in these Terms and Conditions. The following words and phrases have the meanings set opposite them unless the context indicates otherwise: |
| | Application means an application for a Plan; | | Confidential Information means all confidential information (howsoever recorded, preserved or disclosed) disclosed to You, in connection with this Platform at any time, including: | | (a) | business strategies, business arrangements, computer and network operations, functions and systems architecture; or | | (b) | any technical, financial or commercial information; or | | (c) | any information that would be regarded as confidential by a reasonable person but not including any information that: | | | (i) | is or becomes generally available to the public other than as a result of its disclosure by the Receiving Party or its representatives in breach of this Agreement or of any other undertaking of confidentiality addressed to the Party to whom the information relates (except that any compilation of public information in a form not publicly known shall nevertheless be treated as Confidential Information); or | | (ii) | the Parties agree in writing is not Confidential Information or may be disclosed; or | | (iii) | was available to the Receiving Party on a non-confidential basis prior to the disclosure by the Disclosing Party; |
| | Disclosing Party means a Party to these Terms and Conditions which discloses directly or indirectly Confidential Information to the other party; | | Intellectual Property means all current and future legal and/or equitable interests in copyrights, database rights, confidential information, stationary, stamps, logos, trademarks, patents, designs or other intellectual property rights; | | On-line Electronic Platform means the technology including but not limited to, the computer software and hardware; online access to websites, webpages, webchat facility, computer software and/or hardware; programmes, data banks, accessories, electronic risk selection criteria and manuals provided and/or accessed to/by the User to enable him to access the Platform; | | Online Service means any or all of the functionalities and modules of the Platform available to You; | | Party means the User/You or the Trustee, as the case may be; | | Password or User Password means the secret code set and maintained by each User, which together with the User ID allows the User to access the Platform; | | Plan means the Sub-Trust created in the Trust following approval of an Application that affords You access to the Platform. | | Platform means the On-line Electronic Platform which enables You to conduct various Transactions including but not limited to view, read, enter, update details and material information, enquire about Prospero Products, complete and submit the Transaction Forms, print your Plan documents, invest/redeem/switch Investment Options, view your Investment Choice details, etc and where the context permits, the access to and use thereof; | | Products means the investment products offered through the Platform; | | Receiving Party means a Party to this Agreement that receives Confidential Information directly or indirectly from a Disclosing Party; | | Service means any or all of the functionalities and modules of the Platform available to the User; | | Service Provider means any third-party service provider that the Trustee may make use of in order to provide and maintain the Platform and/or the Online Services. | | Transaction means any transaction/enquiry initiated (whether or not concluded) by the User through the Platform, including but not limited to enquiring, applying for a Plan through the Platform, switching, investing, redeeming any Investment Choice, viewing Investment Options' performance, generate various reports, statements, and/or any other instruction as provided by the User through such Platform; | | Transaction Form refers to the details entered and submitted by the User through or via the Platform along with any other data/information as available/provided whether verbally or in writing (whether or not through the Platform). The details submitted through the Transaction Form may, where relevant, form the basis of an amendment of Your Plan; | | User ID means the unique identification code as assigned and/or chosen by the User to identify himself as the person authorising the Service and/or the Transaction in agreement to the terms of this Agreement; | | User/ You means the Plan Participant and/or any individual accessing the Platform, and the word 'Your' will be construed accordingly |
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| 1.2 | A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors or permitted assigns. A reference to any 'Party' shall include that Party's personal representatives, successors or permitted assigns. |
| 1.3 | A reference to a document is a reference to that document as varied, amended, extended, supplemented or novated (in each case, other than in breach of the provisions of this Agreement) and shall include any document which is supplemental to or expresses to be collateral with or is entered into pursuant to, or in accordance with the terms of the Agreement. Any amendments, modifications, addendums to this Agreement shall form an integral part of this Agreement and shall be construed therewith. |
| 1.4 | A references to a 'law' or 'regulation' shall be construed as encompassing any laws, regulations, decrees, rules or guidelines issued by a relevant governmental body, department, agency or regulatory as may apply to the subject matter of this Agreement. |
| 1.5 | Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders. |
| 2 | Use of Platform |
| 2.1 | The Platform is deemed to be in use or is being accessed by You when it is loaded and/or continues to be loaded in temporary or permanent memory of Your computer or similar system or in the internet browser thereof. |
| 2.2 | Should You require any further clarification or support at any stage on the Platform including the Transaction, You are instructed not to proceed and to contact the support/contact numbers of the Trustee and/or its Service Providers for further assistance. |
| 2.3 | You expressly agree that You will not impersonate any individual/entity while using this Platform. Your use of the Platform is solely for enquiring and/or applying and/or printing/amending Your specific Plan only and such use of the Platform is at Your sole risk. The Platform is provided on an "as is" and "as available" basis. |
| 2.4 | You will be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at Your end for accessing and using the Platform, and for all communications service fees and charges incurred by You in accessing or availing the Platform. |
| 2.5 | You hereby irrevocably authorize the Trustee and, to the extent applicable, its Service Providers to accept and act upon Transactions and You will be bound by all such instructions and Transactions initiated or concluded through the Platform. |
| 2.6 | You accept that there may be cut-off times for actioning a request and all requests received after an applicable cut-off time will be deemed to have been received on the following business day. |
| 2.7 | You agree that neither the Trustee nor its Service Providers shall under any circumstances be liable for any loss or damage arising from requests or Transactions submitted after the cut-off times. |
| 2.8 | You accept that any Transaction will only be completed as and when the process is successfully concluded and thereafter acknowledged and that the Trustee makes no commitment as to how long any such process may take. |
| 2.9 | In consideration for access to the Platform and for Your use of the Platform, You agree to provide true, accurate, and current and complete information and data and all other information as prompted or required by the Platform. |
| 2.10 | If You provide any information that is untrue, inaccurate, not current or incomplete, or not kept current, or if the Trustee or its Service Providers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Trustee has the right to suspend or terminate Your access to the Platform (or any portion thereof). |
| 2.11 | You hereby undertake to have clearly understood and to be in agreement that: |
| | (a) | If any detail mentioned and/or declared to the Trustee or its Service Providers through the Platform is found to be fraudulent and/or unfounded, the Trustee reserves the right to forfeit any benefits payable under the Plan and/or consider the Plan as void/void ab-initio at the Trustee's sole discretion without recourse to the Plan Participant. | | (b) | You are completely aware of all risk factors including those of Your invested/other Investment Choices/Options etc. as detailed under Your Plan and that You have also read through the associated Investment Choice prospectus before deciding on any Investment Choices from the Investment Options. The Trustee shall in no event be responsible for any decision taken by You to invest/not to invest in any particular investment. | | (c) | All investments are subject to various investment and market risks, including possible loss of all contribution/premiums paid/principal amount. There is no guarantee that any particular asset allocation or mix of Investment Choices will meet any investment objectives or provide any income. Diversification does not ensure a profit or protect against a loss. You are hereby cautioned and advised to read, understand and be in agreement to your chosen fund's detailed prospectus document including its investment philosophy, the underlying risks, applicable expense and charges before investing into any fund. The performance data presented for the Investment Options available to You through the Platform only represent past performance, which is neither a guarantee nor an indicator of future results. Investment returns and principal value will fluctuate so that the invested or paid premium contributions, when sold, may be worth more or less than their original total premium contributions. Current performance may be lower, in line with or higher than the performance data cited in the Platform. | | (d) | Under no circumstances should You make investment decisions based solely on the information discussed or shown through the Online Services. You should not construe any details/performance reports/ information discussed herein to constitute investment advice. Such details are only informational in nature. | | (e) | You should consult a qualified broker/agent or Your financial intermediary prior to making any actual investment decisions. You agree to not make investment decisions based on any data, reports, comments on the Platform, nor on any techniques presented nor discussed in this Platform or any other form of information presentation. All information is for educational and informational use only. Hypothetical or simulated performance results also have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual investments. No representation is being made that any investment will or is likely to achieve profits or losses similar to those shown through the Online Services. | | (f) | You assume the entire cost and risk of any investment You choose to undertake. You are solely responsible for making Your own investment decisions and Investment Choices. If You choose to engage in such transactions with or without seeking advice from a qualified financial intermediary or entity, then such decision and any consequences flowing therefrom are Your sole responsibility. Any information and commentaries on the Platform are not meant to be an endorsement or offering of any investment. They are meant to be a guide only, which must be tempered by Your investment experience and independent decision -making process. The data, reports, materials and information in, and provided by, this Platform are not, and should not, be construed as an offer to buy or sell any fund/ investment/model portfolio. Any data/ report/ information is NOT a recommendation and neither any solicitation to buy or sell any fund/investment/model portfolio investment options. | | (g) | You should use the information on the Platform as a resource only to further Your own research on respective Investment Options. |
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| 2.12 | Any Transactions initiated by You shall be deemed to be that of and initiated by You and neither the Trustee nor its Service Providers shall be responsible for any misuse of the Platform or the Service. It is Your responsibility to ensure that no unauthorised person has access to Your computer unattended whilst accessing the Platform. If third parties gain access to the Platform or any of the Services offered as part of the Platform through Your computer, You shall be deemed to be responsible and You hereby agree to fully indemnify and hold harmless the Trustee and its Service Providers against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and misuse. Under no circumstances shall the Trustee or anyone involved in creating, producing, delivering or managing the Platform or providing the Online Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of the Platform including any of the Online Services. |
| 2.13 | Unless otherwise mentioned, all amount/charges displayed on the Platform are in USD. |
| 2.14 | You understand that any Transaction you undertake will only be completed when you have received acknowledgement of completion via the Platform. |
| 2.15 | You further agree and fully authorize in accordance with the Privacy Notice: |
| | (a) | the Trustee to use any of its approved verification providers to make references/inquiries about or related to You from any source of information, or any person or entity nominated herein; | | (b) | the Trustee and/or its Service Providers may contact You any time (including electronically through email, short messaging service (sms) or telephone) for seeking any additional information and/or for providing any additional information whether related to the Plan or not; | | (c) | the Trustee to use and/or transfer any Personal Data to its Service Providers/third parties as may be required by them to perform their obligations. |
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| 2.16 | You hereby declare and accept that neither the Trustee nor its Service Providers is under any obligation and assumes no responsibility for defamatory, libelous, slanderous, falsehood, obscene, pornographic, profane or any dangerous content posted on or through the Platform by You or any other person/third Party. You hereby understand and undertake not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You hereby understand that the Trustee and its Service Providers will fully cooperate with any law enforcement authorities or court order requesting or directing them to disclose the identity of anyone posting any such information or materials. |
| 2.17 | Any third-party links or pointers to external websites maintained by others are "third party sites" and are meant for convenience only. Neither the Trustee nor its Service Providers has any control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products or materials on or available from such sites or resources. The Trustee assumes no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. In no event will the Trustee or its Service Providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on Your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. If You find anything inappropriate on any third-party site, please inform us immediately. |
| 3 | Electronic Communications |
| 3.1 | The Online Services are an electronic, internet-based service. There are risks associated with utilizing internet and sms-based services, of which you are hereby advised and cautioned. |
| 3.2 | All communications in either electronic or paper format will be considered to be "in writing". You must print a paper copy of any important electronic communication and retain the copy for Your records. |
| 3.3 | You agree to promptly update your User records, including if Your e-mail address, mobile number or other information changes. |
| 3.4 | Communications may be posted on the pages of the Platform, and/or delivered to the e-mail address provided by You. Any electronic Communication (including sms/e-mails) will be deemed to have been received by You when the Platform sends it to You, irrespective of whether You received the e-mail/sms. |
| 3.5 | In order to access and retain communications, You must maintain a valid e-mail account and e-mail software capable of reading e-mails. |
| 3.6 | As part of the Online Services, You hereby give your unconditional consent to the Trustee and/or its Service Providers to contact You and to send to You sms notifications on your mobile/landline telephone/emails. You agree to receive any number of such notifications at any time and during any time within the day or night. |
| 3.7 | Neither theTrustee nor its Service Providers shall be be responsible for any network failure by a network provider or any transmission error of any failure of such notification not being received by You. |
| 3.8 | You understand and acknowledge that charges for receiving such notifications will be completely borne by You which may include mobile roaming charges and/or other additional charges if any are charged by the service operator. |
| 3.9 | You hereby agree to fully indemnify the Trustee and its Service Providers against any and all actions, proceedings, liability, costs, charges, losses or damages (including legal costs) it or they may suffer in connection with the provisions of electronic notification or as a result of any transaction over the GSM network in connection with such electronic notifications. |
| 3.10 | You must immediately notify the Trustee of any loss or theft/hacking of Your mobile/email account and You shall from the time of notification stop providing such notification to that mobile telephone/email account. |
| 3.11 | Neither the Trustee nor its Service Providers will in any way be responsible or liable for any loss, damage or other consequence arising from: |
| | (a) | non-delivery of any notification for any reason including as a result of Your mobile telephone being switched off, lost, or stolen; or | | (b) | delivery of an electronic notification to a party other than You if the mobile telephone or SIM card is not in Your possession or control for any reason whatsoever (whether with or without Your consent). |
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| 3.12 | The Trustee accepts no liability for any loss or damage arising directly or indirectly from actions taken or not taken by You or any third party in reliance on material or information contained in a message sent to You electronically. |
| 4 | User ID and Password |
| 4.1 | The User confirms and agrees that User will be the sole and exclusive owner and is the only authorized user of his User ID and the User Password and accepts sole responsibility for use, confidentiality and protection of the User ID and the User Password as well as for all Transactions initiated through his User ID and shall ensure that the User Password/s is/are not revealed to any third party or recorded in any written or electronic form. User undertakes not to disclose the Password to any person including the Trustee. |
| 4.2 | Any Transactions authorised by using the User ID and User Password shall be deemed to be that of and initiated by the User with full authority of the represented corporate entity and the User and neither the Trustee nor its Service Providers shall be responsible for any misuse of the Platform or the Online Services. If third parties gain access to the Platform or any of the Online Services offered as part of the Platform through the use of the User ID and User Password, the User shall be deemed to be responsible and the User hereby indemnifies and holds harmless the Trustee and its Service Providers against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and misuse. |
| 4.3 | It is the User's responsibility to ensure that no unauthorised person has access to its computer unattended whilst accessing the Platform. |
| 4.4 | The User shall immediately notify the Trustee in writing on the User becoming aware of any loss, theft or unauthorised use of the User ID and/or User Password; or any receipt by the User of confirmation of any Transaction which the User did not initiate or authorise; or any inaccurate information entered or having become aware in relation to any issued Plan. If the User fails to notify the Trustee immediately upon the User knowledge when any of the above conditions occur, neither the Trustee, its Service Providers or any of their respective officers, directors, employees, advisors, affiliates or subsidiaries can or will have any responsibility or liability to the User or to any other person whose claim may arise through the User with respect to any of the circumstances described above. |
| 5 | Evidence of Account Transactions |
| 5.1 | The Trustee's own records of the Transactions maintained through its Platform or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of the Trustee generated by the Transactions, including the recording of the time of the Transactions shall be conclusive proof of the genuineness and accuracy of the Transactions. |
| 6 | Restrictions on Use |
| 6.1 | You agree not to use this Platform for any illegal purpose. You agree not to use, transfer, distribute or dispose of any information contained in the Platform in any manner that could compete or conflict with the business interest of the Trustee or otherwise compromise or imperil the interests of the Trustee. |
| 6.2 | You agree to notify the Trustee in writing promptly upon becoming aware of any unauthorized access or use of the Platform by any party or of any claim that the Platform infringes upon any copyright, trademark or other contractual, statutory or common law rights. |
| 6.3 | You shall not: |
| | (a) | reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the Platform, | | (b) | create a database in electronic or structured manual form by systematically downloading and storing the entire Platform or part thereof save and except such information as relates or concerns You, | | (c) | rent, lease, sell, sublicense, or lend Your access to the Platform, | | (d) | cache or permit caching by any person, | | (e) | do any act that violates the Trustee's or its Service Providers' Intellectual Property rights in the Platform, | | (f) | engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the Password or any private information of any User, | | (g) | use the Platform to violate the security of any computer or computer network, crack Passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity; or | | (h) | run mail lists or any form of auto-responder, or spam on the Platform or any processes that are run or are activated while You are not logged on or engage in any virus attack or denial of service attach or engage in any activity designed and/or intended to interfere with the working of Platform for any duration of time. |
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| 7 | Disclaimer of warranties |
| 7.1 | You irrevocably and unconditionally accept that any Transaction and/or instruction made or given through the Online Services/Platform will be entirely at Your own risk and responsibility. The Trustee's record of any Transaction or instruction processed in connection with Online Services will be binding and conclusive evidence of such Transaction or instruction for all purposes. |
| 7.2 | You agree that all security procedures used and implemented by the Trustee are reasonable and adequate. You shall safeguard and ensure that the security procedures are kept secret at all times and shall diligently safeguard from disclosure and/or use by any other person(s), the User ID, or any other authentication methods/devices, not to be disclosed to any third parties or unauthorized personnel. You are hereby advised: |
| | (a) | to remember the User ID and Password and destroy any notification as soon as You receive it; | | (b) | not to write down or record Your User ID or Password; | | (c) | You may not have access to the Platform 24 hours/7 days; there will be some planned and/or unexpected shutdowns during operating and non-operating hours. You acknowledge that such shutdowns may result in either partial or no access to the Online Services. The Trustee reserves the right to record in its information systems or those of its Service Providers all data concerning any communication or action relating to any Transactions. The Trustee will use reasonable endeavours to ensure that Transactions/instructions are executed as soon as these are received from You and accepted by the Platform but does not guarantee any indicated turnaround time. |
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| 8 | Indemnification |
| 8.1 | The Online Services are provided entirely at Your risk and You agree to indemnify, defend and hold harmless the Trustee, its Service Providers, affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from Your use of the Online Services, Transaction, instruction, license and/or authorization provided by You under or pursuant to these Terms and Conditions, Your violation of the Terms and Conditions or Your infringement, or infringement by any other user of Your User ID, of any Intellectual Property or other right of any person or entity, usage of the Services, any damage to Your system or of any third party and/ or Your misuse/improper use / access of the Online Services and User ID as granted by the Trustee, for failure to provide any or all of the facilities available under the Online Services including any technical malfunction/breakdown. |
| 9 | Limitation of liability |
| 9.1 | Under no circumstances, including but not limited to negligence, shall the Trustee, its employees and directors, its suppliers and its third party advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of the Platform, with the delay or inability to use the Platform or any links or items on the Platform, the provision of or failure to provide Services, or for the content obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this Platform or obtained or messages received or transactions entered into through or from the Platform or resulting from unauthorized access to or alteration of Your transmissions or data, even ifthe Trustee or its Service Providers have been advised of the possibility of such damages. |
| 9.2 | You agree that neither the Trustee nor its Service Providers shall be liable for any damages arising from interruption, suspension or termination of the Platform, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. |
| 9.3 | You agree that the Online Services are provided exclusively for Your benefit and neither the Trustee nor its Service Providers shall be held liable in any manner or form, for providing the Online Services, including but not limited to, any of the following: |
| | (a) | if You are unable to access and/or utilize the Online Services due to any reason including any technical, communication or network malfunction or breakdown; | | (b) | for any loss or damage that may arise or be incurred directly or indirectly by reason of the Trustee or its Service Providers carrying out any Transactions or instructions or from any malfunction or failure of the Online Services; | | (c) | for any change, alteration, additions or deletions to these Terms and Conditions Agreement, the Online Services, the systems of operation of the Online Services or the cut-off times; | | (d) | for any partial, incomplete, late or failed transfer, remittances to any payee/beneficiary/third party nominated under the Online Services due to any reasons beyondthe Trustee's control or that of its Service Providers. |
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| 10 | Intellectual Property |
| 10.1 | You should assume that everything You see or read or hear or experience on the Platform (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like is copyrighted/protected by intellectual property rights laws unless otherwise mentioned and may not be used except as provided in this Agreement. |
| 10.2 | Subject to the foregoing provisions, You shall not use or make use of any of the Intellectual Property of the Trustee or any of its Service Providers without first obtaining the written consent and approval of the Trustee. |
| 11 | Confidentiality |
| 11.1 | The Receiving Party shall not at any time without the prior written consent of the Disclosing Party: |
| | (a) | utilise, copy employ or use in any manner any of the Confidential Information otherwise than in furtherance of its obligations under this Agreement; | | (b) | disclose any of the Confidential Information to any third party, other than to any of the Receiving Party's representatives who are reasonably required in the course of their duties to receive and acquire the same and who are made aware of the confidentiality provisions contained in this Agreement. The Receiving Party shall be primarily liable for any breach of these provisions by any of its representatives; and | | (c) | make any copies of the Confidential Information or reproduce it in any form except for the purpose of utilising the same for furtherance of obligations under this Agreement and/or supplying the same to those whom disclosure is permitted in accordance with this Agreement. |
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| 11.2 | The Receiving Party shall take every reasonable precaution to maintain the confidentiality of Confidential Information. |
| 11.3 | A Party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, provided that it gives the other Party as much notice of such disclosure as possible. |
| 12 | Termination |
| 12.1 | The Trustee reserves the right, in its sole discretion, to terminate the User's use of the Platform and/or any of the Services with immediate effect without giving any prior notice to the User. |
| 12.2 | Without limiting any other right or remedy that the Trustee may have under these Terms and Conditions or otherwise, should a need be, the Trustee reserves the right to suspend Your right to use the Online Services, immediately and without prior notice to You. In the event of any such temporary suspension You may request reinstatement of the Platform by contacting the Trustee. The Trustee reserves the right in its sole discretion to grant or deny Your reinstatement to use the Platform or the Online Services. |
| 13 | Changes to the Terms |
| 13.1 | The Trustee reserves the right to make changes to the Terms and Conditions from time to time, with or without notice, to address changes including as required by the law or regulatory changes or as required due to changes to functionality offered through the Platform or for any other reasons at its sole discretion. Your continued use of the Platform after the date the changes are advised to You will constitute Your acceptance to such modified terms. |
| 14 | Governing Law |
| 14.1 | This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Island of Jersey. Each of the Parties will submit to the non-exclusive jurisdiction of the courts of the Island of Jersey. |
The User confirms having read, understood and accepted the above Terms and Conditions by clicking the 'Accept' button and/or proceeding to the Platform.
