Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below. These terms and conditions are subject to change. We will notify you of amendments to these terms and conditions by posting them to the website. If you do not agree with these terms and conditions, please do not access this website.
Unauthorised use of the UTC Fund Management Services STL Limited (UTC FMS)Websites and systems, including but not limited to unauthorised entry into UTC FMS systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that UTC FMS may disclose and transfer any information that you provide through this Website to (i) its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers.
Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
Copyright notices
The works of authorship contained in the UTC FMS Website (the “Website”), including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by UTC FMS. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without UTC FMS’ prior written consent.
Trademark notices
The UTC FMS logo, and logos relating to UTC FMS’ products and services, are the marks of the UTC Fund Management Services STL Limited. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
Web content and materials
The information on this Website is for information purposes only. It is believed to be reliable, but UTC FMS does not warrant its completeness, timeliness or accuracy. The information on the Website is not intended as an offer or solicitation for the purchase of any security or any financial instrument.
The information and materials contained in this Website — and the terms and conditions of the access to and use of such information and materials — are subject to change without notice.
Certain portions or pages of this Website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers and these terms and conditions, the additional disclosures and disclaimers will govern for those portions or pages.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you have with UTC FMS and (ii) in circumstances where locations of the Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorised individuals.
UTC FMS or its suppliers may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and UTC FMS does not undertake any obligation or responsibility to update or amend any such information. UTC FMS reserves the right to terminate any or all Website information, offerings or transmissions without prior notice to the user. Furthermore, by offering this Website and information, products, or services via the Website, no distribution or solicitation is made by UTC FMS to any person to use the Website or such information, products, or services in jurisdictions where the provision of the Website and such information, products, or services is prohibited by law.
Potential disruption of service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility of service;
- Strike or other stoppage (whether partial or total) of labour;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of UTC FMS.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with UTC FMS, and such communications are disrupted or delayed, you may suffer losses.
Limitation of liability
Because of the possibility of human and mechanical error as well as other factors, the Website (including all information and materials contained on the Website) is provided “as is”, “as available”. UTC FMS and third party data providers are not providing any warranties and representations regarding the Website. UTC FMS and third party data providers disclaim all warranties and representations of any kind with regard to the Website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose. UTC FMS and third party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaim liability for errors or omissions in the materials and information.
Furthermore, UTC FMS and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this Website, any incompatibility between the Website and the user’s files and the user’s browser or other site accessing program, or any other problems experienced by the user due to causes beyond the UTC FMS and its affiliates’ control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing UTC FMS responsibilities and obligations to clients in accordance with applicable laws and regulations. Under no circumstances will UTC FMS be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the Website or any portion thereof, regardless of whether UTC FMS has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
Links to other sites
Links to non-UTC FMS Websites are provided solely as pointers to information on topics that may be useful to users of the UTC FMS Websites, and UTC FMS has no control over the content on such non-UTC FMS Websites. If you choose to link to a Website not controlled by UTC FMS, UTC FMS makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does UTC FMS warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. UTC FMS does not guarantee the authenticity of documents on the Internet. Links to non-UTC FMS sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.
Governing law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with UTC FMS.
The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of St Lucia.