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| The following Terms and Conditions govern your use of the Website. Your access to and use of the Website constitutes your acceptance of these Terms and Conditions. These Terms and Conditions are applicable only to persons accessing the Websites. There may be separate terms and conditions that apply if you access other pages or links on the Website and it is your responsibility to check and read such terms and conditions where applicable. YOU SHOULD READ ALL OF THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE WEBSITE AS YOU WILL BE LEGALLY BOUND BY THEM. If you do not accept these Terms and Conditions and do not want to be legally bound by them, you must either not access the Website or you must discontinue using the Website and exit immediately. The Company has Additional Terms and Conditions for access to the Secured Site as set out below applicable to Customers, Financial Advisers and Financial Adviser Representatives. The Company may, from time to time, without prior notice, make amendments to these Terms and Conditions and you are legally bound by such revisions and should therefore at regular intervals visit this page to read the latest version of the Terms and Conditions which shall become controlling when posted on the Website. 1) Definitions In these Terms and Conditions, the following words and phrases have the meanings set opposite them unless the context indicates otherwise: Additional Terms and Conditions means such terms and conditions which are applicable to particular persons as specified in addition to these Terms and Conditions. Company, us or we means each of the following as applicable:
Confidential Information means:
Customer means a user of the Website who through his User Name and Customer Password accesses the Secured Site. Customer Password means the password or other means of authentication prescribed by the Company from time to time provided to or used by the Customer for access to the Secured Site. Financial Adviser means a company, who through Financial Adviser Representatives recommends investments to individuals or institutional clients, and who has entered into a distribution agreement with Aviva Ltd and/or Navigator Investment Services Ltd and/or Aviva Asia Pte Ltd and who by using its Financial Adviser User Name and Financial Adviser Password accesses the Secured Site. Financial Adviser Representative means a person who is employed by or acting for or by arrangement with a Financial Adviser to recommend investments to individuals or institutional clients and who by using its Financial Adviser Representative User Name and Financial Adviser Representative Password accesses the Secured Site. Financial Adviser User Name means the user and login identification provided to Financial Adviser by the Company to enable access to the Secured Site. Financial Adviser Password means the password or other means of authentication prescribed by the Company from time to time and provided to or used by the Financial Adviser for access to the Secured Site. Financial Adviser Representative User Name means the user and login identification provided to Financial Adviser Representative by the Company to enable access to the Secured Site. Financial Adviser Representative Password means the password or other means of authentication prescribed by the Company from time to time and provided to or used by the Financial Adviser Representative for access to the Secured Site. Material means reports, opinions, financial and investment-related data, calculators, documents and other information or material including images and graphics posted and/or made available on the Website by the Company from time to time. Messages includes all directions or requests communicated from time to time electronically between you and the Company. Personal Information means all information including health and financial information provided by you to the Company from time to time. Person or Persons shall be deemed to include bodies corporate or unincorporate. Secured Site means the secured sections of the Website which can only be accessed by Customers, Financial Advisers and Financial Adviser Representatives. Terms and Conditions means these terms and conditions and Additional Terms and Conditions as the same may be amended, varied or modified from time to time. User Name means the user and login identification provided to Customer by the Company to enable access to the Secured Site. Website means the applicable websites set out below accessible by the domain names set out opposite each of them:
You means the person accessing the Website and includes Customer, Financial Adviser and Financial Adviser Representatives save where indicated otherwise and your has a corresponding meaning. Restrictions on Use of Website You:
Intellectual Property Unless labelled to the contrary, the Company owns or uses under licence all intellectual property rights in all works and Material located at the Website. You must not remove or modify any notices of attribution or copyright. The Website contains names and logos which are registered and unregistered trademarks of Aviva plc group of companies. Any use of any of these names and logos, without prior approval, would constitute an infringement of these trade marks and is strictly prohibited. Nothing contained in this Website should be construed as conferring, by implication, estoppel or otherwise, a licence or right to use any of the trademarks without prior approval. Product Availability The information contained on the Website does not constitute a distribution, an offer to sell or the solicitation of an offer to buy. Some products or services detailed on the Website are only available to persons in certain named countries. Your local legislation may not permit us to offer products or services to you in your own country. We reserve the right to determine the eligibility of any user for any product or service. Please check with your local financial adviser as to whether such products or services are available in the country in which you are resident. Not Advice or Offer or Solicitation The Material on the Website is of a general nature only and is not intended to be general or personal financial product advice or an offer or solicitation to sell any product or service set out in the Website. The information has not been prepared taking into account the particular investment objectives, financial situation and needs of any particular investor. Accordingly, you should assess whether the Material is appropriate in the light of your individual circumstances, and/or the individual circumstances of your employee, before acting or advising on the Material. We recommend that you discuss any specific matters with your financial adviser prior to making any decisions. The Material on the Website does not constitute legal, tax, investment or accounting advice. The information is of a general nature only and is not intended to be, and is not, a complete or definitive statement of the matters described in it. Accordingly, you should not rely or act upon the Material as legal, tax, investment or accounting advice. The posting of any prospectus or any other information on the Website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction. Please contact your financial adviser if you require investment advice. No Warranties The Website is provided on an "as is" and "as available" basis. To the extent permitted under applicable law, all warranties of any kind, whether express or implied including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement of third party rights are disclaimed. The Material may incorporate information obtained from third parties (including but not limited to unit prices) the accuracy of which may not have been established by the Company. The Company gives no warranty as to the accuracy, adequacy or completeness of the Material, and accepts no responsibility for any errors or omissions in the Material however arising (including but not limited to errors or omissions arising as a result of the negligence of the Company, its directors, employees, agents or representatives). The Company makes no warranty that the operation of the Website will meet your requirements or that your access to the Website will be uninterrupted, timely, secure, free of viruses or free from errors or that the results that may be obtained from use of the Website will be complete, accurate or reliable. You will assume all loss, damages and costs that may be incurred in respect of your computer equipment and software as a result of any viruses, errors or other problems that you may have as a result of visiting the Website. If you are dissatisfied with any portion of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website. The Company does not represent or warrant that any files obtained from or through the Website or any third party site are free from computer viruses or other defects. Any such files are provided, and may only be used on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Confidential information You acknowledge that:
You must hold all Confidential Information in confidence and may not make any use of it except for the purposes of, or as authorised under, these Terms and Conditions (or as otherwise approved by the Company), and may not disclose or permit or cause the Confidential Information to be disclosed to any person except a person authorised by the Company to receive it or where the disclosure is authorised under these Terms and Conditions. You are liable for any misuse of the Confidential Information by you. Sending of Messages Certain portions of the Website offer you the ability to send and receive electronic mail messages ("email"). Email functionality, if any, is provided to you to facilitate communications between you and the Company. You should regularly access your mailbox to read your emails and ensure that old mails are archived and that your mailbox size is not exceeded. The Company shall have no liability for any loss or damage that:
Liability The Company shall not be liable for any direct, indirect, incidental, special or consequential, punitive damages or economic loss, suffered as a result of:
You must indemnify the Company, its directors, employees and agents and hold them indemnified, against:
Intermediaries You are liable to the Company for any acts, failures or omissions (including negligence and any changes in the data comprising any Message) by any intermediary used by you to transmit, log or process Messages as if they were your own acts, failures or omissions. For the purposes of these Terms and Conditions, any intermediary (and intermediary will include any adviser appointed or engaged by you) used by you in this manner will be deemed to be your agent. Financial Advisers The Financial Advisers referred to or mentioned in the Website are not, nor can they be construed as, representatives, agents or employees of the Company. The Company does not in any way endorse, recommend or guarantee the competence, experience, probity, suitability, performance, value, quality or level of service of any Financial Adviser and we recommend that you conduct your own enquiries to satisfy yourself as to the competence of and accuracy of any information in respect of the Financial Advisers. All dealings with any Financial Adviser by you are at your own risk and you shall have no recourse against the Company for whatever reason. The Company reserves the right to remove from the Website information relating to a particular Financial Adviser at any time, with or without cause. If this occurs, you will not be able to access information provided by that Financial Adviser. Hyperlinking The Website may provide links to other websites or permit third parties to link to the Website. Links to or from a third party site, whether provided by the Company or not, do not imply an endorsement, approval, or verification of any content available on such third party sites by the Company nor the people who run or contribute to such sites. The Company is not responsible or liable for the accuracy or completeness of the content on any such third party sites. Your access to such third party websites are at your own risk. Termination Your access to the Website may be terminated by the Company in its sole discretion at any time without notice. The limitations of liability and disclaimers made by the Company in these Terms and Conditions will survive any termination of access to the Website. Miscellaneous
Privacy Policy The Company is not responsible for the privacy and security practices of other websites linked to the Website. You should refer to the privacy statements contained in those websites. The Company takes no responsibility for information you transmit over the Internet. Once we receive your information, we will make all reasonable efforts to keep it secure on our systems. What Personal Information is Collected The Personal Information collected by the Company about you will depend on your use of the different functions available on the Website. If you visit the Website for any reason, including to read, browse, download information, or send Messages, our systems will record your server address, the date and time of your visit and Personal Information provided by you via the Secured Site to the Company. If you are accessing the Secured Site to request reports, our systems are able to match your password to enable you to access information on your investments recorded on our system. Use of Cookies The Company reserves the right to use "cookies" so that we may keep track of your preferences and usage patterns to allow for improvements to the Website and also for planning, product development, marketing and research purposes including improvements and enhancements in our service to you. We may also collect IP addresses to help us diagnose problems. Disclosure of Personal Information The Company may, in its absolute discretion, reveal or release your Personal Information to a third party where this is required or necessary. If you are an investor or policyholder, you authorise the Company to provide Personal Information to your Financial Adviser Representative. Security of Personal Information The Company has implemented suitable security processes and technologies to securely maintain Personal Information collected and ensure that it is not incorrectly used and that there is no unauthorised access. How to access and change your Personal Information You can change:
These Additional Terms and Conditions apply to Customers only. A Customer's access and use of the Secured Site constitutes his acceptance of these Additional Terms and Conditions. Access to the Secured Site The Company will send to Customer his User Name and Customer Password by post and Customer's access to the Secured Site can only be activated after his first sign on to the Secured Site by using his User Name and Customer Password. Customer must notify the Company immediately if he does not receive his Customer Password within one (1) month after receipt of his User Name. Customer shall maintain and promptly update his Personal Information through the Secured Site to keep it true, accurate, current and complete at all times. The Company has the right to suspend or terminate Customer's access to the Secured Site where any part of Customer's Personal Information is untrue, inaccurate, not current or incomplete or if there are reasonable grounds for suspecting that such is the case. Customer is responsible for providing and maintaining all telephone lines, modems, computer hardware and software and all other equipment necessary for him to access the Secured Site in addition to all communications service fees and charges incurred. The Company will not provide any support services for Customer's access to the Secured Site or any maintenance or development services. Security Customer is responsible for maintaining the confidentiality of his User Name and Customer Password as well as for all activities that occur from their use. The Company is entitled to accept Customer's instructions given via his User Name and Customer Password as valid and binding without the need for further inquiry or investigation even if Customer can prove that the instructions were not sent by him or sent without his authority. The Company is entitled, at its discretion, to seek Customer's confirmation offline or require other additional authentication processes or methods, on any of his instructions as and when it so deems fit. Customer agrees that the Company is not liable for any damage or loss resulting from any breach of security arising from Customer's failure to keep confidential his User Name and Customer Password and Customer shall defend, indemnify and hold the Company harmless against all liability, loss, damage or costs and expenses arising or resulting from such access or use of the Secured Site. Customer must notify the Company when he becomes aware of any loss or theft or unauthorized use of either his User Name and/or Customer Password and he shall give such details and assistance to the Company as may reasonably be required. In such a case or if Customer desires to change his password or if Customer forgets his password, Customer can change his User Name and/or Customer Password on the Secured Site. However, until the change is effected, Customer shall be liable for all transactions carried out by the use of the User Name and/or Customer Password on the Secured Site. Where inaccurate information in Customer's account balances, securities position or transaction history is detected or where there is any transaction occurring which Customer has not authorized, Customer must immediately inform the Company failing which neither the Company nor any of its officers, employees, agents or affiliates is to be liable to Customer or any third party. The Company reserves the right to block access to the Secured Site at any time for any reason. The Company may require the use of encryption technology for certain transactions as a means of security. In such an event, the Company has the right to require Customer to use such technology, at Customer's costs, in accessing and using the Secured Site. Evidence of Transactions The Company's own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The below Additional Terms and Conditions apply to Financial Advisers and Financial Adviser Representatives only. The Financial Adviser's access to and use of the Website signifies its and its Financial Adviser Representatives' acceptance of these Additional Terms and Conditions. Every Financial Adviser shall ensure that its Financial Adviser Representatives are aware of and comply with these Additional Terms and Conditions. A Financial Adviser is liable at all times (a) For all acts committed by its Financial Adviser Representatives under these Terms and Conditions; and (b) Any breach of these Terms and Conditions by any of its Financial Adviser Representatives. Access to the Secured Site The Company will send to a Financial Adviser its Financial Adviser User Name and Financial Adviser Password by post and each such Financial Adviser's access to the Secured Site can only be activated after its first sign on to the Secured Site by using its Financial Adviser's User Name and Financial Adviser's Password. A Financial Adviser must notify the Company immediately if it does not receive its Financial Adviser Password within one (1) month after receipt of its Financial Adviser User Name. The Company will send to each Financial Adviser Representative his Financial Adviser Representative User Name and Financial Adviser Representative Password separately by post and each such Financial Adviser Representative's access to the Secured Site can only be activated after his first sign on to the Secured Site by using his Financial Adviser Representative User Name and Financial Adviser Representative Password. A Financial Adviser Representative must notify the Company immediately if he does not receive his Financial Adviser Representative Password within one (1) month after receipt of his Financial Adviser Representative User Name. Each Financial Adviser and Financial Adviser Representative shall maintain and promptly update their Personal Information to keep it true, accurate, current and complete at all times. The Company has the right to suspend or terminate access to the Secured Site where any part of a Financial Adviser or Financial Adviser Representative's Personal Information is untrue, inaccurate, not current or incomplete or if there are reasonable grounds for suspecting that such is the case. Security Each Financial Adviser shall be the only authorized user of its Financial Adviser User Name and Financial Adviser Password and shall be responsible for maintaining the confidentiality of all its Financial Adviser User Names and Financial Adviser's Passwords as well as for all activities that occur from their use. Each Financial Adviser Representative shall be the only authorized user of his Financial Adviser Representative User Name and Financial Adviser Representative Password and shall be responsible for maintaining the confidentiality of his Financial Adviser Representative User Name and Financial Adviser Representative Password as well as for all activities that occur from their use. Each Financial Adviser agrees that the Company is not liable for any damage or loss resulting from any breach of security arising from the Financial Adviser's failure to keep confidential any Financial Adviser User Name and Financial Adviser's Password or from its Financial Adviser Representatives' failure to keep confidential the Financial Adviser Representative User Name and Financial Adviser Representative Password and each Financial Adviser shall defend, indemnify and hold the Company harmless against all liability, loss, damage or costs and expenses arising or resulting from such access to or use of the Secured Site. Each Financial Adviser must notify the Company when it becomes aware of any loss or theft or unauthorized use of (a) either its Financial Adviser User Name and/or Financial Adviser's Password or (b) either any Financial Adviser Representative User Name and/or Financial Adviser Representative Password and it shall give such details and assistance to the Company as may reasonably be required. In such a case or if any Financial Adviser or Financial Adviser Representative desires to change its/his password or if Financial Adviser or Financial Adviser Representative forgets its/his password, each such Financial Adviser or Financial Adviser Representative can change its/his user name and/or password on the Secured Site. Until the change is effected, each such Financial Adviser shall be liable for any unauthorized access to the Secured Site arising as a result of the use of its Financial Adviser User Name and/or Financial Adviser Password. The Company reserves the right to block access to the Secured Site at any time for any reason. The Company may require the use of encryption technology for certain transactions as a means of security. In such an event, the Company has the right to require every Financial Adviser and Financial Adviser Representative to use such technology, at the Financial Adviser's costs, in accessing and using the Secured Site. The Financial Adviser:
Termination The Company will terminate any Financial Adviser Representative's access to the Website in the event that the Financial Adviser Representative ceases to be a representative of the Financial Adviser. A Financial Adviser shall notify Company immediately when any Financial Adviser Representative ceases to be a representative of the Financial Adviser failing which the Financial Adviser shall defend, indemnify and hold the Company harmless against all liability, loss, damage or costs and expenses arising or resulting from the continued unauthorised access to or use of the Secured Site by the Financial Adviser Representative. |
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