This document contains the conditions applicable to Harneys Connect. These Conditions are in addition to the Standard Terms and Conditions and any Engagement Letter between You and any Harneys Fiduciary Entity. If there is a difference between a condition in these Conditions and a condition in the Standard Terms and Conditions or an Engagement Letter in respect of your use of Harneys Connect the condition in these Conditions shall apply. Please read the following terms and conditions carefully and keep a copy in a safe place. A copy of these Conditions is available on Our Website or from any Harneys office.
In these Conditions:
Administered Entity means with respect to a Client any Entity for which We provide services to or for and which that Client has authority from that Entity to instruct Us with respect to the administration of that Entity.
Client means the natural person or Entity with whom We have a business relationship.
Conditions means these Conditions.
Entity means a company or other body corporate, partnership, limited partnership or trust as the context requires.
Engagement Letter means an agreement in writing in the form of an engagement letter or otherwise between one of Harneys Fiduciary Entities and a Client relating to the administration or management of one or more Administered Entities.
Harneys Connect means the online entity administration service which We provide to enable You to access information and give Us instructions relating to Administered Entities by logging on at Our Website and includes any additional facility We add from time to time.
Harneys Fiduciary Entity means Harneys Fiduciary Limited and any of its subsidiaries from time to time including Harneys Corporate and Trust Services Limited, Harneys Services (Cayman) Limited, Harneys Corporate Services (Asia) Limited, Craigmuir Authorised Representative Limited, Harneys Corporate Services Limited, Harneys Trustees Limited, Harneys Insurance Management Services Limited, Harneys Insurance Broking Services Limited.
Instructions means any instruction which is given to Us by a User through Harneys Connect.
Our Website means the website address at www.harneysfid.com
Primary User means the person authorised by a Client to be the primary user of Harneys Connect with respect to that Client and the Administered Entities of that Client.
Secondary User means persons authorised by a Primary User of a Client to be a Secondary User of Harneys Connect with respect to that Client and the Administered Entities of that Client.
Security Details means the security information which a Primary User or Secondary User will need to access Harneys Connect.
Standard Terms and Conditions means the Harneys Fiduciary standard terms and conditions as published on Our Website from time to time.
User means a person registered to be a Primary User or Secondary User of Harneys Connect from time to time.
We, Our and Us means any one or more Harneys Fiduciary Entity.
You and Your means the Client who registers for or activates Harneys Connect and any person authorised by that Client to be a User.
Your Equipment means all such compatible equipment and devices, software, communication lines (including public communication lines), mobile phones and other mobile devices used and required by You to properly access Harneys Connect.
ACCESS TO HARNEYS CONNECT
- Harneys Connect allows:
- each User to view certain information and records maintained by Us with respect to Administered Entities and invoices raised by and payments made to Harneys Fiduciary Entities;
- a Primary User to authorise up to four Secondary Users to access Harneys Connect and to control the level of access which each Secondary User has; and
- each User to use such other facilities as We may from time to time make available through Harneys Connect.
- Access to Harneys Connect by a User is at Our complete discretion. Notwithstanding the generality of the foregoing, a Client must have at least one Administered Entity in order for its Users to access Harneys Connect.
- To access Harneys Connect a User must be authorised to do so by or on behalf of the Client and must activate access via Our Website using his or her Security Details.
- A Primary User is authorised to use Harneys Connect by completion of the Harneys Connect Application Form by a Client.
- Each Secondary User shall be authorised by the Primary User of that Client to use Harneys Connect. Each Primary User may authorise up to four Secondary Users.
- The Client is responsible for ensuring that all Users are aware of and agree to these Conditions.
- The Client warrants and represents to Us that:
- it is authorised by each Administered Entity to use Harneys Connect with respect to that Administered Entity; and
- should it ever cease to be so authorised it will immediately cease to use Harneys Connect with respect to that Administered Entity and shall notify Us without delay that it is no longer so authorised.
- Harneys Connect allows:
PERFORMANCE OF HARNEYS CONNECT
- We may change the minimum specification a User requires to access Harneys Connect and make operational changes to and alter the services currently available at any time. If a change in specification results in Your Equipment becoming incompatible with Harneys Connect or the requirements of any of the Harneys Connect services or in You being unable to perform all of the functions previously performed, You are responsible for replacing or modifying Your Equipment so that You may properly access Harneys Connect.
- You are responsible for obtaining and maintaining Your Equipment and for ensuring that it is compatible with Harneys Connect and that each User is authorised to use Your Equipment where You do not own it or a third party has rights in relation to it (for example, third party software licences). We have no responsibility or liability with respect to Your Equipment.
- You must pay all telephone, mobile, internet service provider and other charges You incur in accessing and using Harneys Connect.
- We cannot guarantee:
- the speed with which a User will be able to access and use Harneys Connect; or
- that a User will have uninterrupted or continuous access to Harneys Connect.
- We shall use reasonable endeavours to keep Harneys Connect free from viruses and corrupt files but due to the nature of the services (in particular the fact that Harneys Connect may use the internet to communicate with You), We cannot guarantee that Harneys Connect is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that where practicable You "virus check" all information We send You through Harneys Connect. We shall not be liable for any loss or damage You suffer if Your Equipment is infected by a virus or corrupt file unless such loss or damage is the direct result of Our negligence or deliberate default.
- Each User must memorise his or her Security Details and securely destroy anything containing Security Details as soon as he or she receives it. When a User sets or changes his or her Security Details, he or she must ensure these cannot be easily guessed. A User must never write down or record his or her Security Details in a way that they could be understood by anyone else and should never allow anyone else to use his or her Security Details.
- Every User must :
- not quote the Security Details when he or she contacts Us even if asked to do so. We will never contact a User to ask him or her to reveal Security Details;
- never disclose his or her Security Details by email. If a User receives a suspicious email please do not open it or click on any links contained within it, instead report this immediately by forwarding the email to Us;
- always access Harneys Connect via Our Website or by typing Our Website address into Your web browser. Never go to Harneys Connect from a link in an email and enter Your Security Details;
- never use computer software or a computer browser facility to record Your Security Details;
- take reasonable steps to keep Your Equipment secure and do not leave Your Equipment unattended without locking access to it so that it cannot be used to access or use Harneys Connect. If a User loses Your Equipment, including any confidential, sensitive or personal information contained in it or it is stolen or becomes aware that third parties have gained access Your Equipment You must notify Us immediately and change the Security Details. If You fail to tell Us then We are not responsible if information becomes known to someone else where We have continued the use of Harneys Connect unaware of such loss or that a third party has gained access to Your Equipment. Users should also protect Your Equipment’s software from any viruses and attacks by third parties by using the latest anti-virus software and a personal firewall as appropriate;
- be satisfied that no other person can see, overhear or copy Security Details and never access Harneys Connect from any computer, mobile phone or device connected to a public internet Wi-Fi network or access point such as an internet café;
- follow the security procedures which are recommended by the manufacturer or service provider of the computer, device or mobile phone which You use to access Harneys Connect;
- Our digital services may use location data or information about a User’s device in order to prevent and detect fraud. We will not use this information for any other purpose.
- You must notify Us as soon as You can if You suspect or discover that someone else knows Your Security Details or You believe that Your Security Details may have been misused.
- We may ask a User to change Security Details at any time and for any reason.
- We can withdraw or suspend Security Details with respect to any User with immediate effect:
- if We believe that this is necessary for security reasons;
- to prevent suspected unauthorised or fraudulent use of Harneys Connect; or
- for any reason provided for in Your Engagement Letter.
- We take all reasonable steps to safeguard the security of Your confidential information when You use Harneys Connect but We cannot guarantee the security of any confidential information that is transmitted through the internet or via a mobile phone network.
- Every User must always exit Harneys Connect (including any device or mobile phone) when leaving Your Equipment unattended and before he or she allows anyone else to use Your Equipment.
- It is a condition of use of Harneys Connect that each User follows the safeguards set out in these Conditions.
- To help Us improve service and in the interest of security, We may monitor and/or record communications (whether over the internet, telephone or otherwise) between You and Us.
- Harneys Connect uses a high level of encryption and the use of such encryption May be illegal in some countries outside of the countries in which We operate. You should ensure that Users do not knowingly use Harneys Connect if this is not permitted by local law and We shall not be liable for any loss, damage or other outcome suffered by You as a result.
CHANGES TO THESE CONDITIONS
- We may change these Conditions at any time provided that We give You notice as described in these Conditions.
- If We wish to make a change to these Conditions, We will give You:
- at least thirty days prior notice of a change to any Condition that is to Your material disadvantage including any decision to terminate the provision of Harneys Connect; or
- otherwise We will give You notice within thirty days of making that change.
- We can give You notice in any of the following ways: a notice displayed on the log on page of Harneys Connect, by post, email or by any other means We agree with You.
CONTENT AND LINKS TO OTHER SITES
- Where Harneys Connect provides hypertext links to other locations on the internet, We do so for information purposes only. We are not responsible for the content of any websites or pages of third parties linked to or from Harneys Connect. Following links to any websites or pages of third parties shall be at Your own risk. No endorsement, approval or responsibility for appropriateness of third parties or their advice, opinions, information, products or services is expressed or implied by any information on Harneys Connect or by any hyperlinks to or from any third party websites or pages.
- Neither You nor any other party may use any part of Harneys Connect on any other website, or link any other website to Harneys Connect, without our prior written permission. We are not responsible for the set-up of any link from a third party website to Harneys Connect.
- You are prohibited and to the extent permitted by law, We shall not be liable to You for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) from Your posting or transmitting to or from Harneys Connect any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
- for which Yyou have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that could be considered a criminal offence, would give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the British Virgin Island, the Cayman Islands or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not decompile, reverse-engineer or disassemble any part of Our Wesbsite the Site or its contents or any software used in connection with the Site.
- You may not misuse our Website this Site by hacking or to send or distribute multiple unsolicited junk e-mails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
- You may not use Our Website this Site for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re- utilisation of any part of a service or its content.
- All intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in Our Website this Site are owned by or licensed to Harneys Corporate and Trust Services Limited unless otherwise stated. You may print, copy, download or temporarily store extracts from Harneys Connect for your personal use or to help you use Our products and services. You may not alter or otherwise make any changes to any material obtained from Harneys Connect in any form, including, without limitation, removing any identifying marks or legends from such material. Any other use is prohibited unless you first request and obtain our written permission. Without limiting the above, unless you first obtain our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit all or any part of Harneys Connect.
- Harneys Connect is not intended for use by minors.
- Any notice to be given under these Conditions must be communicated by post, telex, email or facsimile to the address most recently notified by the receiving party. Receipt of notice shall be deemed to occur at the time when the notice would in the ordinary course be delivered or transmitted.
- If any part of these Conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of such terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
- These Conditions are governed by and interpreted in accordance with the laws of the British Virgin Islands. The courts of the British Virgin Islands will have exclusive jurisdiction in respect of any dispute which may arise in connection with these Conditions and/or your use of Harneys Connect.