USE OF OUR ONLINE SERVICES

1 INTRODUCTION

1.1 Your relationship and agreement with us for use of our online services

a) The banking and investment services provided by the Capital International Group of companies is underpinned by the use of our online systems. To use any of our products or services you must do so via access provided by our online portal system known as VELTA. Use of VELTA (and thereby operation of your account(s) with us) is governed by the specific terms below.

b) For the purposes of this document You or your - means any customer operating one or more accounts with us. Where you’ve authorised anyone else to operate your account(s), you or your refers to any one, both or all of you depending on the context. In the case of entities you or yours also refers to directors officers and employees or trustees.

We, us or our - means one or more companies in the Capital International Group of companies (full details of which are available on our website).

c) To the extent not defined in this Use of our Online Services document, defined terms shall be as defined in our general terms and conditions of business.

2 OUR RESPONSIBILTIES AND SECURITY

a) We will provide banking and investment services (our Services) as outlined in the relevant Terms of Business for these Services, via VELTA. If at any time VELTA is not available, we will endeavour to provide temporary alternative arrangements until such time as VELTA becomes available again.

b) Our responsibility extends to providing you with any information via VELTA that is an accurate reflection of the information and data that we hold about you and your accounts. Where any information is provided to us by a third party we cannot guarantee that it is timely accurate or error free.

c) We will be responsible for the security of VELTA, and take all reasonable steps to ensure that it is safe, free of viruses and other malware and resistant to malicious attack. We cannot guarantee that this will always be the case and in such instances damage may occur to your data or other digital content we hold, to your computer or other device via which you access VELTA and your account(s).   In these circumstances we do not accept any liability for any loss you incur.

d) We are not responsible for the security of your connection to the worldwide web or to our website or mobile portal.  We are not responsible for any loss or damage arising from any cause beyond our control including:

• malfunction or failure of your own systems and equipment; or
• malfunction or failure of our systems and equipment; or
• any breach of security or from unauthorised access to your information which is available via VELTA unless it occurs within the environment under our control or of our third-party suppliers and only then caused by the negligence of ourselves or a third-party supplier; or
• any system error, downtime, outage, interruption in or unavailability of VELTA or our services as result of or attributable to any of the following causes; or
• any breakdown of whatever nature and howsoever arising in any of the services provided by other service providers or in any international services, remote mail services or remote mail servers; or
• the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks, other than a failure of the connectivity between our infrastructure and the network provider’s network; or
• the non-performance or unavailability of our Services due to the unavailability or any failures within the world-wide web.
  

e) In all our communication with you we will never ask you for confidential information or to confirm your security details. Even if the person requesting your details is using our name and logo and appears to be genuine, you must not share your details with them. If you become aware of any suspicious communication you should forward it as soon as possible to securitythreat@capital-iom.com.

3 AVAILABILITY OF SERVICE

a) Under normal circumstances, you should be able to access VELTA and all its services at all times.

b) However, we offer no guarantee and from time to time there may be occasions when it is not available. Such occasions may include times when:

• we implement technological advancements, updates, new features and changes to the system or our security arrangements which make access at the same time impossible. We will notify you of when this is the case. Ordinarily such changes will be made outside of normal working hours in the Isle of Man and UK, unless such change is urgent (e.g. risk to security). If this is the case we will display a maintenance message on the website or mobile portal; or
• legal or regulatory requirements necessitate VELTA not being available; or
• events outside of our control force VELTA not to be available (e.g. a service provider fails to provide service continuity); or
• your internet connection or service provider fails.

c) After some upgrades to the service you may need to update your internet browser or other associated software and/or agree to new terms and conditions that may apply after the changes. You may not be able to access VELTA until you have successfully completed those steps.

d) If VELTA is unavailable, for reasons such as those outlined above, please contact customer services at customerservice@capital-iom.com   or 00 44 1624654200 during business hours who will provide you with alternative temporary arrangements to enable continuity of service by us to the extent then possible.  Only contact us if there is no ‘out of service’ message on the web or mobile portal, or if your request is urgent.

4 YOUR RESPONSIBILTY

a) As a user of VELTA you must act reasonably to prevent misuse of your accounts or data via VELTA or any other means. In this context “You” means you or any person authorised by you to access your account via VELTA (and as amended from time to time).   You must use VELTA in a responsible way.   If you do not act responsibly or we suspect you of not acting responsibly we may block access to your accounts to protect us and you from any unauthorised or potentially unauthorised access.

b) You are responsible for entering all relevant data and documentation as required from time to time via VELTA and for ensuring its accuracy and that it is up to date. You are responsible for processing all transactions and instructions via VELTA and we will not be liable for any losses from transactions or instructions entered by you that are not correct or incomplete.

c) You are responsible for setting up and then maintaining any relevant personnel (your Users) who you wish to authorise to administer or operate your accounts with us. We will not permit your Users to use VELTA until all relevant information is entered into VELTA and all our verification checks have been completed.

d) Further you are responsible for setting up the level of authority that your Users have in connection with their use of your account(s) (their ‘mandate’), ensuring that those mandates are as you intended and then for removing or amending of those mandates.   We will not be responsible for any transactions, instructions, data access or data downloads actioned via VELTA by your Users during their operation of your accounts nor for that of any previously authorised User as a result of your failure to amend or remove their mandate or authority via VELTA.

e) You should monitor your accounts regularly to check that VELTA is operating as you expect it to and that the transactions you have entered are as you intended. Where this is not the case you must notify us immediately. We will not be liable for any incorrect use of VELTA nor as a result of any unreasonable delay in you notifying us about any concerns.

f) If you become aware of an unauthorised party trying to access your accounts or successfully accessing your accounts, you must contact us immediately. Any information you have given us in connection with this may be given to appropriate regulatory and enforcement authorities to assist with any relevant investigation.  

g) You are responsible for keeping your VELTA details confidential and secure and not sharing them with anyone else. You are responsible for accessing VELTA securely and from appropriate locations; if you choose to access VELTA from a country which appears on any ‘Sanctions’ list, your online access may be denied.

h) You are responsible for the maintenance and security of your own technology and for taking all reasonable steps to ensure that it is safe, free of viruses and other malware and resistant to malicious attack.  If you fail to do so you may be liable to us for any loss or damage we may suffer as a consequence. You are responsible for any internet or mobile data charges associated with accessing our services via the worldwide web.