Utmost Limited

TERMS & CONDITIONS

These are the terms of use and important information that apply to your use of this website (the “Site”), please read them carefully. Persons using this Site must accept these Terms of Use when they first register to use this Site and on each occasion these Terms of Use are amended, updated, modified or replaced from time to time.

General:

• This Site is a service provided by Utmost Limited. Utmost Limited is a company limited by shares. Registered in the Isle of Man under number 056473C. Registered office: Royalty House, Walpole Avenue, Douglas, Isle of Man, IM1 2SL, British Isles. Authorised by the Isle of Man Financial Services Authority. A member of the Association of International Life Offices. A member of the Manx Insurance Association (MIA).
• The information on this Site is provided for information purposes only and none of the information constitutes an offer to contract.

Definitions:

i) “Utmost” (including “we” or “us”) means Utmost Limited.

ii) ”Utmost Group” means Utmost, its subsidiaries, their ultimate holding company or any subsidiary thereof.

iii) “Utmost Wealth Solutions” is the brand name used by a number of Utmost companies.

iv) “Client” means a private customer, a retail customer or a retail client.

v) “Intermediary” means a person or entity which has terms of business with Utmost, directly authorised by or registered with the UK Financial Conduct Authority or other acceptable regulatory authority with appropriate permissions to act as agent to private and/or retail Customers.

vi) “You” or “yourself” or “your” means the user of this Site being either a client or an intermediary as appropriate.

Availability:

i) We will endeavour to ensure that the Site is accessible for 24 hours a day. However, we will not be liable if, for any reason, the Site is unavailable at any time or for any period.

ii) To the fullest extent permitted by applicable law we will not be liable for any loss or damage arising in contract, tort or otherwise if the Site becomes unavailable or is suspended for any reason.

INFORMATION

• Utmost is authorised by the Isle of Man Financial Services Authority and subject to limited regulation by the Financial Conduct Authority.

• Full product details are contained in the relevant product guide, key features document and policy documentation, copies of which can be obtained via an intermediary or directly from us. A decision to invest should not be made on the basis of this Site alone. If there is any conflict between the details given on this Site and the relevant literature applicable to any products offered or insurance contract written by us then, the product literature and policy documentation will be regarded as the authoritative documents.

• The tax efficiency of bonds may change and their tax treatment depends on the investor’s circumstances.

• The information contained on this Site does not constitute investment advice, legal advice or tax advice and investors are strongly advised to obtain their own professional advice.

• The information and features of this Site do not constitute any form of advice or recommendation by us and are not intended to be relied upon by users in making (or refraining to make) any specific investment decisions.

• Information contained on this Site is provided for information purposes only and we will use all reasonable endeavours to ensure that it is accurate at the date of publication.

• Due to the nature of the internet, there may be circumstances in which errors or omissions in the information may occur which are beyond our reasonable control. For example unauthorised access by a third party. Consequently, Utmost will not be liable for loss or damages arising whether for loss of income or revenue, profits, anticipated savings or, in contract, tort or otherwise, directly or indirectly from the use of or reliance upon any information contained on the Site, unless the accuracy of the information has been checked with us before reliance is placed upon it.

• Valuations shown on the Site are the latest bid values (mid market for shares if applicable). We have and take no account of any surrender charges that may be incurred when surrendering the investment. It is assumed that all premiums due have been paid.

• Please remember that the value of unit-linked funds can go down as well as up. There is no guarantee of the ultimate value of any investment (except where stated) or how much ‘income’ it can provide. The word ‘income’ refers to the regular payments of capital.

• Past performance is not a guide to future performance.

• Taking into account market fluctuations, currency fluctuations and initial charges, investors may not get back as much as they have invested.

SECURITY AND AUTHORITY

• We will take all reasonable steps to ensure that personal information is disclosed only to those specified by you or as otherwise set out in these Terms of Use. However, the internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

• If you should choose to use a digital certificate to identify yourself to the Site (after registering it with the Site) then the responsibility for the security and management of that certificate is entirely with you. Utmost accepts no responsibility in managing the certificate nor can we be held responsible should the security of the digital certificate be compromised.

• Utmost accepts no responsibility for transactions carried out using your ID and password provided to or chosen by you in connection with the use of this Site and/or digital certificate, whether or not the transaction is made by you or someone else using your ID and password and/or digital certificate. You are responsible for protecting and securing your ID and password and/or digital certificate from unauthorised use. If you believe there has been a breach of security you should contact us immediately.

• You authorise Utmost to act upon all instructions received in respect of your account via the Site when your ID and password are used and which appear to Utmost to have been issued by you. Instructions given by you for a joint account are binding on all other joint account holders.

LIABILITY

• The Site also contains hypertext links to other websites. The responsibility for those sites is that of the parties who are identified as providing those sites and we accept no responsibility for them or their use or the content of any other site.

• Utmost cannot warrant that this Site is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this Site.

• Utmost reserves the right to change the content, presentation, user facilities and availability of any part of the Site at our sole discretion.

• If you are an intermediary you agree to:

• Accept responsibility for ensuring that the documents produced by you for use by clients and/or Utmost are accurate and complete.

• Not use any hypertext links or documents on the Site so as to mislead a client or Utmost in any way about the content of the Site or a particular document. The intermediary agrees to indemnify Utmost for any loss arising as a result of the misuse of any hypertext links.

• Accept responsibility for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from your inability to use or incorrect use of any material on this Site.

• Fully indemnify Utmost for any losses, claims, costs or expenses suffered by the Utmost Group as a result of the intermediaries’ breach of this liability clause.

EMAIL

• Utmost will not pass on your email address to any third party without your permission.

• Occasionally we will email you to keep you up to date with new developments on the Site. In every email we send we will include instructions on how to unsubscribe so that you will not receive future emails. You may change your email address at any time and this can be updated on the Site.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

• Utmost owns or is the licensee of the copyright and all other intellectual property rights subsisting in its databases made accessible via the Site and all material on this Site.

• You are not permitted to download, redistribute or extract any information on this Site in whole or in part other than that information relating directly to your portfolio or insurance policy issued by Utmost, or, if you are an intermediary, to your client’s portfolios.

• As an intermediary you agree:

• Not to use any documents or related graphics appearing on the Site for any reason other than conducting business with any of the companies in the Utmost Group.

• Not to modify or amend any document or related graphics which are available on the Site in any way other than for the purpose of completing the variable permitted within the particular document, for example the inputting of personal data relating to individual clients.

• Not to reproduce or store any documents or other information contained on the Site in any manner whatsoever, other than the documents produced as a result of conducting business with any of the companies within the Utmost Group and instruments, orders, regulations and Codes of Practices (whether or not having the force of law) which may apply to that business.

• To print the documentation in the form it appears on the Site for the purposes of conducting business with any of the companies within the Utmost Group only and not to part print any information or documents, including the accompanying logos, appearing on the Site.

• Not to use any graphics which appear on the Site separately from the accompanying text.

• That copyright and any other rights in the material available on the Site are owned or licensed by members of the Utmost Group.

APPLICABLE LAW

• The use of this Site is governed by the law of the Isle of Man and the Isle of Man courts shall have exclusive jurisdiction in respect of any dispute. Any waiver of such jurisdiction shall be at the discretion of Utmost. Such discretion to be exercised reasonably.

AMENDMENT OF USE

• Utmost may amend these Terms of Use at any time and such amendment shall apply to your use of this Site after such amendment.

PRIVACY STATEMENT AND COOKIES

• We use the information you give us, about yourself and other people, to provide the products and services you request and to operate and improve the Site. In order to support those products and services and the Site, we transfer information between different entities within the Utmost Group and to appointed data processors, but we do not transfer information to other parties, unless required to do so by law or regulation. Unless specified in the applicable privacy notice (referenced below), we do not carry out marketing using the information or transfer, or sell, your personal information to others for marketing purposes.

• You may choose to use some of the hypertext links to other sites that are set out in this Site. Some of those sites may be restricted and require the completion of further information by you. You are responsible for the accuracy of your personal information.

• Utmost sends cookies to your computer from this Site when you are logged in. The cookies transferred by Utmost are only used for enabling your logged in session to work smoothly and to track your usage of this Site. They store only an internal ID and tracking information and are not used for any other purposes. You may alter the cookies setting in your browser to prevent cookies from being transferred to your computer, but please be aware that if you do this you will not be able to use our secured Site.

• Utmost has a comprehensive Cookies Policy which you may access here.

• More details about how we use your information, your rights over this information and how you can exercise your rights can be found in the Utmost Limited Privacy Notice(s) which you may access here.

• Utmost will endeavour to protect any information that the intermediary inputs into this Site, however the internet is not necessarily a secure system and the privacy of the intermediary and/or its clients cannot be guaranteed. Utmost shall not be liable for any damages resulting from the misuse of personal data supplied by the intermediary on the internet. If you are in any doubt, you should not input any data.

YOUR ACCEPTANCE OF THESE TERMS

• By accessing any part of this Site you shall be deemed to have accepted these terms in full.

COOKIE POLICY

This website is owned by Utmost Limited (“Utmost”). Here is our cookie policy for this website and the types of cookies we use on it.

WHAT ARE COOKIES?

Cookies are small files that websites place on the device you’re using to browse the site. Cookies are commonly used to record some aspect of your visit to a site, such as choices you’ve made or preferences you’ve set during your visit.

HOW AND WHY WE USE COOKIES

We use cookies to give you the best experience when you visit our website. By using cookies, we can make it easier for you to do many things, such as managing your accounts, policies, or login details, and applying for products and services. Cookies can also allow us to tailor the content of our site so we can show you services or adverts we think you may be interested in.

KEEPING YOUR PERSONAL INFORMATION SAFE

Our cookies do not store personal information such as your name, address, phone number or email in a format that can be read by others. The cookies we use cannot read or search your computer, smartphone or web enabled device to obtain information about you or your family, or read any material kept on your hard drive.

We do use a small number of cookies that store encrypted versions of information where you have asked us to, such as the ‘Remember me’ function that allows us to remember your Account username for subsequent visits. However, this is encrypted so that only Utmost can read this information. The website that places a cookie owns that cookie. This means only that website and other websites that it has agreed to share information with can read the information stored using a cookie.

LINKS TO SITES PROVIDED BY OTHERS

If you follow a link from our website to another website, please be aware that the owner of the other website will have their own privacy and cookie policies for their site. We recommend you read their policies as we are not responsible or liable for what happens at their site.

HOW TO MANAGE AND SWITCH OFF COOKIES

Your web browser provides settings that allow you to manage or switch off cookies. If you do switch off cookies, remember that you may not be able to use all of the services on our websites. You can find out more about managing and switching off cookies at the independent website: allaboutcookies.org

THE TYPES OF COOKIES WE USE ON THIS WEBSITE

STRICTLY NECESSARY COOKIES

These cookies are essential for our online services and tools to work. They collect or record information that we need to make our website work. Common uses for this type of cookie include:

• storing information so that shopping baskets can be provided
• storing information for e-billing
• allowing users to log in or access private areas of a site.

These cookies only last for a single browsing session – when you leave our site, they are removed.

PERFORMANCE COOKIES

These cookies help us to monitor and improve how our website works.

Common uses for this type of cookie include:

• collecting information about which pages visitors go to most often
• noting if visitors get any error messages from webpages
• understanding which links visitors like to follow (including adverts) and which they choose not to.

The information collected using these cookies is anonymous and cannot be used to identify an individual visitor.

FUNCTIONALITY COOKIES

These cookies allow us to provide you with enhanced features that need to remember your preferences and choices, such as your user name, language or region. They also let us monitor how our website is performing so we can keep on improving it.

Common uses for this type of cookie include:

• providing you with local information, such as health providers in your area
• remembering how you like to use our site, such as what text size you like or what media software you use
• remembering what topics you’re interested in so we can provide you with related products, services and information.

The information we store in these cookies is encrypted so that only we can read it.